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Site Terms and Conditions Welcome to uStudy.us. You may access or obtain unique services, products, information, and community offerings ("Services") provided by uStudy.us ("uStudy.us," "we," or "us") through uStudy.us as a service to the Internet community. Your use of these Services is subject to these Site Terms and Conditions ("Agreement"). By accessing uStudy.us's site and/or using the Services, you agree that you have read and understand this Agreement, and that your use of uStudy.us shall conform to this Agreement. If you register with us for certain Services, this Agreement includes and incorporates additional terms specific to those Services. The additional terms will be presented to you for your acceptance at the time of your registration for those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled "Changes to Agreement" below for details. (Select linking to this site for information on creating a link to this site.) uStudy.us Privacy Policy uStudy.us recognizes the importance of protecting your privacy. Any registration, personal, or other information you share with us is securely managed and safeguarded. For more information, review our Privacy Policy. User Account, Password, and Security In this Agreement "you" refers to the person who registers to become a user of uStudy.us. You agree that all information you provide in registration or otherwise is true, accurate, and complete. We reserve the right to refuse service or subscription to any person or entity for any or no reason whatsoever. To obtain some specific Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify uStudy.us of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each session. uStudy.us cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy. User Conduct By accessing our site and/or otherwise accepting this Agreement, you agree to comply with our Community Guidelines. Proprietary Rights of uStudy.us uStudy.us and its licensors have expended substantial time, effort, and funds to create uStudy.us and the Services. You acknowledge and agree that uStudy.us or our affiliates exclusively own or has been licensed by third parties to use all rights, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, "Content") provided by uStudy.us. uStudy.us is copyrighted. uStudy.us owns the copyright in the entire compilation uStudy.us and all of the images located at this site. Copyright in the text of uStudy.us is owned by uStudy.us, except for materials specifically designated as belonging to another party, and except for certain materials owned jointly by Center for Global Education and ETS. Text owned by a third party is referenced as such, except in some sample SAT® reading passages that fall under fair-use guidelines. No copyrighted material or other Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of uStudy.us or permission of the copyright owner. For permission, complete the permission request form. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of uStudy.us's copyrights and other proprietary rights. Use of the Content on any other Web site or other networked computer environment is prohibited without prior written permission from uStudy.us. Trademarks Owned or Licensed by uStudy.us The trademarks and logos used on uStudy.us's site are owned by uStudy.us and Center for Global Education. Some of the trademarks of uStudy.us and its licensors appear on our Trademark List. No use of any uStudy.us trademark or any other trademark listed is permitted without express written consent. Special Conditions for International Use and Exports uStudy.us makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. You access uStudy.us and the Services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to uStudy.us any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services. Linked Sites Certain links are provided that may lead to Web sites maintained by third parties over which we have no control. We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against uStudy.us or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that uStudy.us or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of uStudy.us or any of our affiliates. Downloaded Content It is up to you to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items. Consent to Electronic Communications and Email Solicitation When you register for Services, you may agree that we may provide you with information and other materials regarding products, services, and other offers from time to time as described in our Privacy Policy. Such solicitations may take the form of materials mailed to you, telephone calls, email messages, or other forms. Solicitations will be made to the addresses and numbers provided to us in the registration process. Term of Agreement This Agreement remains in effect until terminated by you or uStudy.us. You may terminate this Agreement upon our receipt of your notice via email to uStudy.us at info@uStudy.us, and by our subsequently disabling your password and ID. If you are unsatisfied with the Services provided through uStudy.us, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your password and ID. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current users. Changes to Agreement and Services We may make changes to this Agreement at any time. Your continued use of the Services indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. If you have registered with us and provided us with an email address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. You agree to check the Services, your mail and/or email on a regular basis to receive important and timely notices from us. uStudy.us may also make changes to the Services and site, including discontinuing any Service or content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. uStudy.us reserves the right to change or add any fees or charges for access or use of uStudy.us or any of the Services at any time. No Warranties/Limitation of Liability uStudy.us and its associated sites and services are provided on an "as is," "as available" basis without warranties of any kind. You acknowledge that neither uStudy.us, the Center for Global Education nor any of their respective affiliates, officers, directors, employees, agents, contractors, suppliers, nor any other party involved in creating, producing or delivering uStudy.us makes any guaranties or warranties, expressed, implied or statutory, with respect to the services and content or any other matter, including without limitation, warranties regarding the accuracy or completeness of any content, warranties that the services or content will be free of errors or available, or warranties of merchantability or fitness for a particular purpose or infringement of third party rights. uStudy.us, the Center for Global Education, and such persons shall not be liable to you for any loss, cost, damage, or other injury, of any kind whatsoever, whether in contract, tort (including negligence), or otherwise, arising out of or caused in whole or in part by use or inability to use uStudy.us or any errors or omissions in the content hereof. (i)Your use of, or reliance on, any service or content, (ii) uStudy.us's, the Center for Global Education's or any other person's performance of any obligations under or in connection with this agreement, or (iii) Your purchase and use of any goods or services provided by third parties through uStudy.us or its associated sites. In no event will uStudy.us, the Center for Global Education, or any of their respective affiliates, officers, directors, employees, agents, contractors or suppliers be liable to you or any third party for any punitive, consequential, direct, incidental, indirect, special, or similar damages even if advised of the possibility of such damage. All users therefore agree that all access and use of uStudy.us is the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of uStudy.us, The Center for Global Education, and their respective affiliates, officers, directors, employees, agents, contractors, and suppliers shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of uStudy.us. Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service. uStudy.us, The Center for Global Education, and their respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that neither uStudy.us nor The Center for Global Education accept any responsibility for security of information transmitted over the Internet. Without limiting any of the foregoing, if uStudy.us, The Center for Global Education, or any of their respective affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, uStudy.us's, The Center for Global Education's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to uStudy.us for the specific Service or product giving rise to such liability. uStudy.us's Distribution of Third-Party Content uStudy.us does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in uStudy.us. In other words, uStudy.us is merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. uStudy.us does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and uStudy.us shall not be liable for any harm resulting from or in connection with reliance on any such content. In addition, uStudy.us shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant in uStudy.us. Any products or services offered or sold on or through uStudy.us by any person other than uStudy.us are offered or sold subject to terms and conditions solely between our users and such other person or supplier. Miscellaneous This Agreement, the Privacy Policy, and Community Guidelines represent your entire agreement with uStudy.us with respect to your access and use of uStudy.us and the Services. Except for uStudy.us's affiliates, this Agreement does not confer any rights, remedies, or benefits upon any person other than you and uStudy.us. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by uStudy.us and you, or in the manner described in the Section "Changes to Agreement and Service" above. You may not assign this Agreement without the prior written consent of uStudy.us. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of New York, without regard to conflicts of laws, and the Federal law of the United States. |