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”).
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
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.
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.
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.
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.
Purchase of Products
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.
All contents of the Company Websites are, including any DLC are owned by the Company: Copyright 2020 Study Tools by Jules. All rights reserved.
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.
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.
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.
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.
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.
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.
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.
Company wants you to be satisfied with your experience on the Company Websites. Should you have any questions, comments, or concerns, please contact: