THE FOLLOWING DESCRIBES THE TERMS ON WHICH SCHOLARLY INSIDER OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES:
These Terms of Service are the entire agreement between you and Scholarly Insider and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Scholarly Insider about this Site and its Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms. These Terms of Service will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute arising out of these Terms of Service or pertaining to the subject matter thereof will be in the state and federal courts in California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms of Service, these Terms of Service will govern, unless expressly agreed in writing otherwise by an executive officer of Scholarly Insider.
SCHOLARLY INSIDER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICE, ANY MATERIALS, PAGES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICE, CONTENT, PAGES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SCHOLARLY INSIDER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR THAT EVERY PAGE ON THE SCHOLARLY INSIDER NETWORK SERVERS WILL DISPLAY OR OPERATE PROPERLY.
Limitation of Liability
NEITHER SCHOLARLY INSIDER OR ITS LICENSORS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR PAGES TO OR FROM THIS SITE OR SERVICES. IN NO EVENT SHALL SCHOLARLY INSIDER OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SCHOLARLY INSIDER OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Users outside the United States of America
Scholarly Insider controls and operates this Site and the Service from its headquarters in the United States of America. Content, pages, Site and Service may not be appropriate or available for use in other locations. If you use this Site or the Service outside the United States of America, you are responsible for following applicable local laws.
Scholarly Insider, "ScholarlyInsider," Scholarly Corner and OpenCourse Channels, are trademarks of Scholarly Insider. Other trademarks, names and logos on this Site are the property of their respective owners. The use of third party logos and images on Scholarly Insider in no way expresses endorsement by these parties. Unless otherwise specified in these Terms of Service, the information and screens appearing on this Site, including site design, text, graphics and icons, as well as the arrangement thereof, are the sole property of Scholarly Insider, Copyright 2013 Scholarly Insider. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. You agree not to copy, reverse engineer, or otherwise infringe on our complete right, title, and interest to the organizational processes, technology, interfaces, designs, or other proprietary property contained in the Scholarly Insider Site or Service.
Many of the links found on Scholarly Insider pages are outside the control of Scholarly Insider. Thus, Scholarly Insider cannot make representation concerning the content of these sites. Their listing does not serve as an endorsement by Scholarly Insider.
Other services and companies referred to herein are trademarks or registered trademarks of their respective companies or mark holders.
Links and Web Site Content
Some pages on the Scholarly Insider site contain links to or display content from third party sites or services. These links and content are provided to assist our users and for our users convenience and reference only. We do not control these sites or services and assume no responsibility for their content, availability, privacy or otherwise. Our links or inclusion of the service or content does not imply any warrant or endorsement.
It is Scholarly Insider's policy to respond promptly to claims of copyright infringement and to remove or block access to any infringing material as described above. If you believe that any content or pages served by the Scholarly Insider network contains infringing material or property, then please notify us as soon as possible. You must include your name, mailing address, telephone, e-mail address, detailed claim (see below), and signature in your email.
If you believe that your work is the subject of copyright infringement and appears on our Site, Services or any pages on the Scholarly Insider network, please provide Scholarly Insider with the following information:
A physical or electronic signature of a 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 works at a single online site are covered by a single notification, a full 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 at the Site, and information reasonably sufficient to permit Scholarly Insider to locate the material.
Information sufficient to permit Scholarly Insider to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Use of Your Information
We will not sell, rent or otherwise disclose any of your personal data about you (including your email address) to any third party.
Our Site is available to all persons who are 18 years of age and older. Our Site is not available to suspended or terminated users. By registering to use our Site, you represent and warrant that you are 18 years of age or older.
We have the right to suspend or terminate your use of our Site and refuse any and all current (or future) use of all or any portion of our service.
"Your Information" is defined as an information post or any other material that you provide (directly or indirectly), which includes information entered through the registration process, in any public message board or through email. You are solely responsible for all of Your Information. We act only as a medium for your online distribution and publication of "Your Public Information."
Any of Your Information that you post or make available for inclusion on publicly accessible areas of Scholarly Insider is referred to as "Your Public Information." Your name (if provided), username, and location are considered Your Public Information; any other portion of Your Information we referred to as "Your Private Information." The "Publicly accessible" areas of our website are those that are available to some or all of our members or to the general viewing public.
During your use of our website, you agree that Your Information:
(1) Will not be fraudulent;
(2) Will not infringe on any third party's copyright, trademark, patent or other proprietary rights;
(3) Will not violate any law, regulation, statute, or ordinance;
(4) Will not be defamatory, libelous, unlawfully harassing or threatening;
(5) Will not be obscene or contain pornography or photographs of unclothed person(s);
(6) Will not create liability for us;
(7) Will not contain viruses of any kind, such as Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programs that may damage, interfere with, intercept or expropriate any data, system, or personal information;
(8) Will not link to any materials to which you do not have a right to link to and/or include.
In addition, you agree to provide us with your valid, current email address, at the time of your registration with us AND as your email address changes.
Removal or Sanction
The following types of actions are cause for membership removal and/or sanction:
(1) Harm or intimidate another person in any way;
(2) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person through the use of similar email addresses, creation of false account(s), or any other method or device;
(3) "Stalk" or harass another;
(4) Advertise services or commercial websites unrelated to the topic or spirit of Scholarly Insider;
(5) Resell Public Information on our site;
(6) Post anything that is unlawful, abusive, harassing, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable, including hate speech;
(7) Post any form of solicitation, including, but not limited to, "spam," "junk mail," and "chain letters";
(8) Encouraging others to violate this Agreement and/or refusing to follow Scholarly Insider's direction;
(9) Intentional or unintentional violation of this Agreement;
(10) Disclose the private data of any member without the permission of that member;
(11) Transmit money to Scholarly Insider through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, Scholarly Insider reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use Scholarly Insider at your own risk.
Note: "Posting" includes emailing, uploading, transmitting or otherwise making available. Without limiting the foregoing, Scholarly Insider have the right to remove any information that violates this Agreement or is otherwise objectionable.