ACCEPTANCE OF TERMS
Please read these Terms carefully before using the Site or Services. The Terms govern your use of the Site and the Services. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT USE THE SITE OR THE SERVICES.
By using, accessing, and/or visiting the Site, Content, or Services, creating an Account (defined below) or providing “PII” (defined below), or by confirming your knowledge and/or acceptance of the Terms if requested by us in our sole discretion, you accept and agree to these Terms. If you do not agree to the Terms, you should not access or use the Site, Services, or any Content.
ELIGIBILITY OF USERS
The Site and the Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND/OR USE THE SITE AND/OR THE SERVICES. Any access or use of the Site or the Services by anyone under 13 years of age is expressly prohibited.
Anyone between the ages of 13 and 18 may only use the Site and the Services with the permission and under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR MINOR CHILD'S ACCESS TO AND USE OF THE SITE OR THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
The Site and the Services are intended for use by residents of the United States. Company controls and operates the Site and the Services from within the United States. Through the Site, the Services make accessible the Content or Third Party Materials (defined below). However, those who choose to use or access the Site, the Services, Company Content, or Third Party Materials from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. If the laws of the state or country where you are located or reside prohibit you from using the Site, Services, Company Content, or Third Party Materials because you are under the age limit or because the Site, the Services, Company Content, or Third Party Materials are not allowed or are prohibited in your state, country, province, territory or possession, please do not use the foregoing. Company reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site and the Services to any person, geographic area, or jurisdiction Company so desires.
PERSONALLY IDENTIFYING INFORMATION AND ACCOUNTS
CONDITIONS OF USE
You are responsible for all of your activity in connection with the Services. When you use the Site or the Services, create an Account, and/or submit User Information, including PII, you, as a condition of use, agree that:
- you are 18 years of age or older or, if younger than 18, are at least 13 years of age or older and have the permission of a parent or legal guardian to access or use the Site and Services;
- The Site and the Services are intended for use by residents of the United States;
- you will create only one Account;
- you will provide honest, accurate, current and complete information regarding yourself;
- will not provide any false personal information on the Site or in connection with the Services;
- you will not use as a User ID or Account that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; (iii) is offensive, vulgar, or obscene; or (iv) is the name, trademark, or tradename of another person or entity;
- you will keep your information updated and accurate;
- you will keep your Account password private and not share it with others; you are fully responsible for maintaining the confidentiality of the password and Account;
- you will notify Company if you discover or suspect that your Account has been hacked or its security breached;
- you will take full responsibility for all activities on or under any Account registered to you, and you accept all risks for any unauthorized use of your Account;
- you will fully comply with these Terms and all applicable local, state, federal, and international laws, statutes, and regulations, policies or guidelines;
- you will not to use the Site or Services for any purpose that is prohibited by these Terms or any applicable local, state, federal, and international laws, statutes, regulations, policies or guidelines; and
- you shall use the Site and Services only for your own personal, non-commercial use and not for redistribution.
OUR RIGHTS IN USER INFORMATION
By submitting, providing, posting, uploading, or sending User Information to us on or through the Site or Services, you grant us and our subsidiaries, successors and assigns, and third parties a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, analyze, create derivative works from, and incorporate in other works any User Information (in whole or part) in any form, media, or technology now known or later developed, for any purpose.
Through the Site and Services you may access, review, display, or use third-party services, resources, Content, software, technology, materials, or information (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to or use of such Third-Party Materials; and (iii) does not make any promises to remove Third-Party Materials from the Site or Services or from being accessed through the Site or the Services. Nothing in the Terms authorizes you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials except as expressly permitted by the Site or the Services.
As between you and us, we own all rights, title, and interest in and to the Site and Services, including all of the Content, code, data, and materials we make available on or through the Site and Services, the look, feel, and design of the Site, including, but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. As between you and us, we own all rights, title, and interest in and to all of our Content or any other data, information, or material on the Site or Services, including but not limited to, any copyrights, trademarks and service marks, trade names, trade dress, patents, designs, trade secrets, know-how, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Site and Services do not grant to you any ownership or rights to or in the Site, the Services, or Content.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site and Services and view the Content on the Services on your personal computer or mobile devices for your personal use only. We may revoke your license to access and/or use the Site and Services at any time and for any reason without advance notice to you.
WE RESERVE THE RIGHT TO ALTER, CHANGE, REMOVE OR DISCONTINUE ALL OR ANY PORTION OF THE SITE, CONTENT, AND/OR SERVICES OWNED OR OPERATED BY US, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION AND YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE, IN ANY WAY, FOR POSSIBLE CONSEQUENCES OF ALTERING, CHANGING, REMOVIG OR DISCONTINUING ALL OR ANY PORTION OF THE SITE, CONTENT AND/OR SERVICES.
Our trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on or through the Site and Services or on Content available through them are our registered and unregistered Trademarks, and you may not use them in any manner without our express written consent. Your use of our Trademarks in connection with products and/or services that are not related to, associated with, or sponsored by us is likely to cause customer confusion and therefore is prohibited. Use of the Site and Services does not grant you any license or right to use any Trademarks.
You agree to defend, indemnify, and hold us and our shareholders, directors, officers, employees, agents, contractors, representatives, licensors, service providers, vendors, successors and assigns, and affiliates (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the Site and Services, any Content, Third-Party Materials, and third-party sites, and any violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.
MOBILE DEVICES/THIRD-PARTY FEES
You are responsible for providing the equipment and services you need to access and use the Site and the Services, including to mobile device services, and you acknowledge and agree that access may involve third-party fees, including Internet service providers, mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the Site and Services, delivery of the messages, emails, or other materials to your devices. For mobile devices, please consult your mobile service provider’s pricing plan prior to purchasing or downloading any Apps or registering for any such service to determine the charges for sending and receiving text messages from/to your mobile device.
We frequently link to third-party websites on the Site and through the Services. You agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may be available on or through those third-party sites. The inclusion of a link to a third-party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.
DISCLAIMER OF WARRANTIES
The Site, Services, and all content, including Content, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose and any warranty for information, data, data processing services, uptime or uninterrupted access, and any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the Site, Services, or any content, including the Content, will be secure, provided uninterrupted or error-free, or that defects will be corrected. No advice, results, or information, whether oral or written, obtained by you from us or through the Site or Services shall create any warranty. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your equipment on account of your access to or use of the Site or Services or any content or your downloading of any content, including Content or User Information, materials, data, text, images, video content, or audio content from them. If you are dissatisfied with the Site or Services, your sole remedy is to discontinue your use.
LIMITATION OF LIABILITY
In no event shall the Indemnified Parties be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or Services, even if any of the Indemnified Parties has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the Indemnified Parties be liable for or in connection with any content, including Content, posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site or Services. In no event shall the total aggregate liability of the Indemnified Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) related to your use of the Site, Services, or any Content exceed, the greater of the amounts, if any, paid by you to us for your use of the Site or Services or ten dollars ($10.00).
These Terms and the relationship between you and us, and any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Site and/or Services, and/or the provision of Content, services, and/or technology on or through the Site or Services shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America. You acknowledge and agree that Company is located in the United States (U.S.) and will process and store your User Information in the U.S., and that, as a result, U.S. federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your User Information or PII through the laws of the U.S. In addition, we operate the Site and Services from our locations in the U.S. We do not represent that the Site or Services are appropriate or available for use in any other locations. If you choose to access the Site or Services from locations outside of the U.S., do so only at your own risk. If the laws where you are located or reside prohibit you from using the Site, Services, or any Content for any reason, do not use the Site, Services, or Content.
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY AFFECT YOUR LEGAL RIGHTS
You and Company agree that any claims, causes of action, controversies, or disputes that either party has arising out of or relating to these Terms, or the breach thereof, or the Site and Services shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules available at adr.org. The place of arbitration shall be Lehigh County, Pennsylvania, USA. All parties to these terms and conditions waive their respective rights to a trial by jury.
CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY AFFECT YOUR LEGAL RIGHTS
All claims, causes of action, controversies, or disputes in any forum shall be conducted on an individual basis and not part of any class. You and Company agree to resolve any claims, causes of action, controversies, or disputes on an individual basis only, and not as part of any class. You and Company agree that neither you nor Company will participate in any class brought by any third party arising under the terms and/or in connection with the Site and/or Services.
We may terminate, change, suspend, or discontinue any aspect of the Site or Services at any time. We may restrict, suspend, or terminate your accounts and/or access to the Site and/or Services and if we believe you are in breach of these Terms or applicable statutes, laws, rules, regulations, guidelines, or ordinances, or for any other reason without advance notice or liability.
COPYRIGHTS AND COPYRIGHT AGENT
Copyright Agent, Legal Dept.
Simple Tuition Solutions, LLC
275 CUMBERLAND PKWY #321 MECHANICSBURG, PA 17055
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement that include the above required information must be submitted to the Copyright Agent via the postal mail address above. We respond expeditiously to notices of claimed copyright infringement by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.
If you believe that your material was removed or disabled by mistake or misidentification, please notify the Copyright Agent in writing by postal mail to the above address. Your counter-notice must contain the following information:
- A physical or electronic signature of the user of the website or services;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the Act or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
CHANGES TO TERMS
We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time. Please check back frequently to the Terms for updates. Changes in the Terms will be effective when posted. Your continued use of the Site, Services, or any Content after any such postings shall constitute your acceptance of any changes, additions, or deletions to the Terms.