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StudentExchange, Inc. ("us", "we" or the "Company") make the website at www.StudentExchange (the "Site") including all information, documents, communications, files, outlines, text, graphics, images, software and products available through the Site (collectively, the "Materials") and all services operated by the Company and third parties through the Site ("StudentExchange" or the "Services") available to you ("you", or the "User") for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the "Terms of Use").
By accessing or using the Site and/or Services in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you acknowledge that you have read, understand and agree to and are bound by the Terms of Use.
We reserve the right to change, add or delete any part or all of these Terms of Use at any time without further notice to you, in our sole discretion. By using or continuing to use the Services or the Site you accept the Terms of Use. If you do not agree to comply with these Terms of Use, now or in the future, do not use or access (or continue to use or access) the Services or the Site.
Please visit these Terms of Use regularly to review any changes.
By accessing and using the Site or the Services, you affirm that you are 18 years of age or older, and that if you are under 18 years old, you have obtained your parent or legal guardian's express permission to register for the Site and that you and your parent/legal guardian accept and agree to these Terms of Use. By completing the registration process for this Site, you represent and warrant that you additionally have read, understand, and agree to be legally bound by these Terms of Use. If you are under the legal age of majority in the state, province or country of your residence (a "Minor"), you will, by registering with the Site at www.StudentExchange, represent that one of your parents or legal guardians has read, understood and agreed to be legally bound by these Terms of Use, and that such agreement constitutes acceptance of these Terms of Use on behalf of you and themselves.
You agree to provide true and accurate information as required by any registration process on the Site ("Registration Data"). You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. You agree to keep your password and identification secure and confidential, and you understand and agree you are responsible for your account and its use and for all actions taken through your account. You agree to keep your Registration Data up to date as necessary to ensure that your account settings accurately reflect your preferences including, but not limited to, contact and billing information, and how you receive notices from us (email, text messaging, telephone), and which documents you would like to purchase updates for.
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Company or other third parties. You are not permitted to use the Marks without prior written consent of the Company or such third party that may own the Marks. Materials that appear on the Site and that are made available through the Services are the proprietary property of the Company, with all rights reserved. You may not distribute, modify, reproduce, repost, republish, display, transmit, any of the Materials, in whole or in part, without the Company's prior written permission.
By lawfully accessing the site, the Company grants you a limited license to access and use the Site and the Materials and to download or print a copy of any portion of the Materials for your personal use, so long as you do not remove any copyright and other proprietary notices. Such limited license is subject to these Terms of Use. This license is revocable without notice at any time and for any reason.
The Company reserves the right, in its sole discretion, to delete or remove Materials from the Site and to restrict, suspend, or terminate your account and/or access to all or part of this Site or the Services, at any time without prior notice or liability. We respect the intellectual property rights of others and we prohibit users from submitting, uploading, posting or otherwise transmitting to or on the Site or Services any Materials that violate another party's intellectual property rights. Any complaint must state specific facts upon which the Company may act; failure to do so will result in non-action by the Company. The Company reserves the right to terminate any account. To the maximum extent permitted by law, the Company will have no liability related to submitted Materials and disclaims all liability with respect to the misuse, loss, modification, or unavailability of any submitted Materials.
In using the Site, including all Services and Materials available through it, you agree not to disrupt or interfere with any other user's enjoyment of the Site, Materials or Services; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law not to access or attempt to access any Materials which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or Services. You also agree that you will not use or attempt to use another's account, service or system without authorization from the Company, or create a false identity through the Services or the Site, upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company may expose Company or its users to any harm or liability of any type.
You understand and agree that except for any advertising which we may offer on the Site (e.g., banner ads, text links, sponsor ads and affiliate links), the Services and the Site are available for your personal, non-commercial use only.
Your privacy matters to us and we do not transfer, process, share or sell your personal information to unaffiliated third parties unless the information is to be used for the business purposes of the Company, its promotion, or required by law, court order, a governmental agency, or to enforce our Terms of Use.
The Company may terminate your registration, delete your account and any content, submissions or information that you have submitted to the Site and/or prohibit you from using or accessing the Services or the Site at any time at its sole discretion, with or without notice.
You acknowledge and agree that any outlines, questions, comments, suggestions, ideas, feedback or other information about the Site or the Services ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. When you post Submissions to the Site or through the Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the submission process, posting and storage of the Submissions on the Site. By posting Submissions through the submission process or to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You may not remove your Submissions from the Site at any time.
All outlines posted or available for purchase through the Site and the Services and all transactions conducted in connection therewith are subject to and governed by these Terms of Use. When you use the Site, the Services, and/or submit an outline to us you agree to comply with and be subject to these Terms of Use. Applicable fees or payments collected by StudentExchange are set forth on the Site and subject to change without notice at any time. When purchasing credits, we must verify the credit card information submitted by the User before credits are deposited into the User's account. No refunds will be made by Company. All purchases are final.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) THE COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS, ADVERTISERS, SPONSORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS OR ADVERTISEMENTS ON THE SITE; (II) THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. THE COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, ADVISERS, CONSULTANTS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS, ADVERTISERS, SPONSORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE.
You agree to indemnify and hold the Company, and its affiliates, officers, directors, agents, attorneys, advisers, consultants, partners and employees, harmless from and against loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees and expert fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, including, without limitation, any Registration Data, any Submissions (defined above) or computer viruses, your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions taken by or through your account, or your violation of any law or the rights of another person or entity.
This Agreement shall be governed by the internal laws of the State of California, without regard to principles of conflict of laws, and any dispute that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), by accessing this Site or the Services, you agree that all actions or claims must be made and/or prosecuted only in the state and federal courts of Los Angeles County, California, USA, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles, County, California, USA
Any dispute arising out of or relating to this Agreement shall be resolved at the request of any party by final and binding arbitration before ADR Services, Inc. to be conducted by a single arbitrator agreed upon by the parties. The arbitration will be conducted at a location determined by the arbitrator in Los Angeles County, California, and administered by and in accordance with the Rules of Practice and Procedure of ADR Services, Inc. In any arbitration proceeding, the parties shall be limited to three (3) depositions each, absent a showing of a good cause and subsequent order by arbitrator. Prevailing party shall be entitled to recover all costs, expenses, including expert fees, and reasonable attorney fees. In rendering the award, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of California. The parties acknowledge that by agreeing to arbitration, each party is giving up the right to a jury trial. Judgment on any arbitration award may be entered by any court of competent jurisdiction.
In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than three (3) years after the cause of action arose.
You and the Company agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor the Company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or the Company acts or proposes to act in a representative capacity, you and the Company further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, the Company, and all parties to any such arbitration or proceeding. If the class action waiver (which includes a waiver of private attorney-general actions immediately preceding this paragraph) is found to be illegal or unenforceable as to all or some parts of a dispute, whether by judicial, legislative, or other action, then such provision will not apply to those parts. You and the Company irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, USA, for all proceedings in court under this paragraph.
The editorial staff's screening process at the Company is designed to collect the best possible law school outlines. However, these outlines are submitted by students and may contain inaccurate information. As described above, we make no warranties as to the accuracy of the information they contain. Use these outlines at your own risk and do not rely on them for legal advice.
Use these outlines to enhance your studies, not as a substitute for assigned work or academic requirements. Some law schools have a policy that permits law students to take their own outlines into final exams. If your law school has such a policy you are prohibited from representing any of the outlines contained in this database as your own. If you are not sure of your law school's policy, you should contact the appropriate administrative staff at your school.
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Services, superseding any prior agreements between you and the Company relating to your use of the Site and/or the Services. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect.
The section headings in these Terms of Use are included for convenience only and are not a part of this Agreement.