Terms of Use - Study Tools by Jules

Last Updated October 26, 2020

AGREEMENT BETWEEN USER AND Study Tools by Jules (COMPANY)

The Company’s Website is comprised of various websites and web pages operated by the Company or its Affiliates, including but not limited to www.studytoolsbyjules.com (collectively, the “Company Websites”).

The Company Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively “Terms of Use”). Your use of the Company Websites constitutes your agreement to all such Terms of Use.

In the event that any of the Terms of Use conflict with any other terms and guidelines contained within any particular Company Website, then these Terms of Use shall control.

Modification of Terms of Use

The Company reserves the right to change, modify, or amend the Terms of Use under which the Company Websites are offered, including but not limited to the charges associated with the use of the Company Websites. You are responsible for regularly reviewing these Terms of Use for the most updated version of them. After an update or modification to the Terms of Use, your continued use of the Company Website constitutes your agreement to such updated or modified Terms of Use.

Not Medical Advice and Disclaimer

Please note that Company is not a health care professional or expert, nor trained as one, and is not providing any health, medical, psychological or any other advice that may be construed as such and you shall not rely on anything contained in the Company Websites as any advice with respect to any situation you may face. Company makes no representations or warranties as to the accuracy or completeness of any information provided on the Company Websites. Company is not a health professional and is merely providing its own personal experiences with the issues addressed, and you should consult a medical professional with any questions or concerns you may have with your own particular situation. The information provided is anecdotal and is not to be relied on as advice, and such information will not warrant or guaranty any particular outcome or result. You specifically disclaim any reliance on any information contained in the Company Websites,

Personal and Noncommercial Use Limitation

Unless otherwise specified, the Company Websites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company Websites.

Links to Third Party Sites

The Company Websites may contain links to websites of third parties (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company has not reviewed any or all Linked Sites, and they will be accessed at your own risk. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Company Websites, you warrant to the Company that you will not use the Company Websites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Company Websites in any manner which could damage, disable, overburden, or impair the Company Websites or interfere with any other party’s use and enjoyment of the Company Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company Websites.

Materials Provided to the Company or Posted at Any Company Website

The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input or submit to any Company Websites or its associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, its affiliated companies and necessary sublicensees permission and license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, prepare derivative works from, translate and reformat your Submission; and to publish your name in connection with your Submission (the “License”).

The License shall be a perpetual, irrevocable, royalty free, worldwide License. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time without notice in the Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Website Use Information

We collect information from visitors of the Company Websites, including the domain names, IP and MAC addresses, browser types, and unique device identifiers of such visitors. This information includes the number of visits, average time spent on the Website, pages viewed and similar information. This information may also include usage information about the page-by-page paths you take as you browse through the Website. We use this information to measure the use of the Website and to develop ideas to improve the content of the Website. For more information regarding our use of this information, please see the sections on “Cookies and Other Tracking Technologies” and “Analytics” below.

Cookies and Other Tracking Technologies

The Company Websites use “cookie” technology to measure activity and to collect information such as browser type, time spent on the site, pages visited and other information about your visit to the site. Cookies are also used to prefill information previously entered into forms and to customize information to your personal tastes. A cookie is an element of data that a site can send to your browser. Cookies are stored on your computer. We may share information about you that we collect through a cookie with third parties who help us analyze Company Websites data.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to: http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept our cookies, you may experience some inconvenience in your use of the site.

We may also include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Company Website, to monitor how users navigate the Company Website, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.

We may also use embedded scripts on the Website. An embedded script is programming code that is designed to collect information about your interactions with the Company Website. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Company Website and is deleted or deactivated thereafter.

Automatically collected information about you, such as how you interact with the Company Website, may be combined with your personal information. If we associate any such automatically collected information with personal information about you, we will treat the combined information as personal information.

Analytics

We may use third party analytics service providers to evaluate and provide us with information about the use of the Company Website. These third parties use cookies, web beacons, pixels, embedded scripts and other, similar technologies to automatically collect information about your use of the Company Websites, report trends, and help us compile metrics. These Terms of Use do not cover any use of information that such third parties themselves may have collected from you.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY WEBSITES AT ANY TIME WITHOUT NOTICE. ADVICE RECEIVED VIA THE COMPANY WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COMPANY WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT, SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE COMPANY WEBSITES, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEBSITES, OR WITH AN OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEBSITES.

Intellectual Property

The Company may offer downloadable content (“DLC”) for purchase or otherwise at Company’s sole discretion. You may not modify, reproduce, license, sublicense, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the DLC in whole or in part. Except as expressly and unambiguously provided by these Terms of Use, you and Company agree that Company is not granting you any express or implied rights, and all rights in and to the Company Websites and DLC are retained by Company.

Purchase of Products

These Terms of Use also apply to the purchase and sale of products (including DLC) and services (collectively “Products”) through Company. If you do not agree to these Terms of Use, you should not obtain Products from this site.

Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify Company’s acceptance of your order, nor does it constitute confirmation of Company’s offer to sell. Company reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. Company reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, it cannot be cancelled by you. However, should Company experience technical difficulties, it is not responsible for orders that are not processed or accepted.

Payment Terms and Sales Taxes. Terms of payment are within Company’s sole discretion and, unless otherwise agreed by Company in writing, payment must be received prior to its acceptance of an order. All payments will be processed through a third-party payment processor. Company is not responsible for any error or negligence of third-party payment processors. Company accepts, through its third-party payment processor, credit cards for all purchases. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling, if any, will be made in accordance with our then-current shipping policies, as described below.

Changes in Products and Pricing. Company is constantly updating and revising its offerings of Products, and it may discontinue Products at any time without notice. To the extent that Company provides information on availability of Products, you should not rely on such information, and Company will not be liable for any lack of availability of Products that you may order through Company Websites. All pricing for the Products available on Company Websites is subject to change without notice.

Warranty and Return Policy. Company does not offer any warranties with respect to the Products available through Company Websites, all such warranties, express or implied are hereby disclaimed. Further, all sales of Products are final and no refunds are offered on any Products.

Copyright Notices

Trademarks

All proper names appearing on the Company Websites are either trademarks or registered trademarks of the Company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to any or all Company Websites and the related services or any portion thereof at any time, without notice.

Use of Communication Services

The Company Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as limitation, you agree that when using a Communication Service, you will not:

• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages

• Conduct or forward surveys, contests, pyramid schemes or chain letters

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or label of the origin or source of software or other material contained in a file that is uploaded

• Restrict or inhibit any other user from using and enjoying the Communication Services

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent

• Violate any applicable laws or regulations

The Company has no obligation to monitor the Communication Services; however, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

ARBITRATION:

WE HOPE TO MAKE YOU A SATISFIED CUSTOMER, BUT IF THERE IS AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT IS EXPECTED OF US BOTH.

YOU AND WE BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT, YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME TERMS IN THESE TERMS OF SERVICE, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

1. THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS OF SERVICE. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUR OF THESE TERMS OF SERVICE OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

2. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN DALLAS COUNTY, TEXAS.

3. THESE TERMS OF USE DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF USE. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

4. IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF USE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO US SHOULD BE SENT TO THE ADDRESS BELOW. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF SOUGHT. IF WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.

5. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

6. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

7. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

General

Jurisdiction. This agreement for the Terms of Use is governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Texas in all disputes arising out of or relating to the use of the Company Websites. Use of the Company Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Section.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company Websites.

Compliance with Laws. The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Websites or information provided to or gathered by the Company with respect to such use.

Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Third Parties. Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our affiliates or service partners, and these Terms of Use do not give you any rights against any affiliate or service partner. You are not a third-party beneficiary of any agreement between us and any of our affiliates or service partners. None of our affiliates or service partners have any legal, equitable, or other liability of any kind to you under this agreement.

Print Version. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment. We may, at any time, assign these Terms of Use, including our rights, interests and obligations thereunder, in whole or in part, or delegate any of our responsibilities under these Terms of Use to any other person or entity with prior notice to you. You may not assign these Terms of Use, including any of your rights, interests and obligations thereunder, in whole or in part, or delegate any of your responsibilities under these Terms of Use without our prior written consent. We are not under any obligation to give our consent, and any attempt to assign this Agreement without Company’s written consent shall be null and void.

No Waiver. No waiver of any right or obligation under these Terms of Use by Company on any occasion will constitute a waiver of that right on any subsequent occasion. In any event, no waiver by us of any right of ours is effective against us unless it is in a writing signed by Company.

Force Majeure. In addition to any excuse provided by applicable law, Company shall be excused from liability for nondelivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Company Websites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Company Websites.

Contact

Company wants you to be satisfied with your experience on the Company Websites. Should you have any questions, comments, or concerns, please contact:

info@studytoolsbyjules.com