Nerdstudy provides its services to You ("You") via its website located at www.Nerdstudy.com (the "Website"), third party websites, other servers and related mobile applications (collectively the "Services"). The Services are provided subject to the following Terms of Services ("TOS"), which may be updated by us from time to time without notice to You. In all countries, the Services are provided by Nerdstudy Inc., a Canadian Corporation. In this TOS, "Nerdstudy", "we" or "our" refers to the corporation Nerdstudy Inc.
PLEASE READ THE TOS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TOS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY NECESSARY TO BIND YOURSELF, OR THE CHILD ON WHOSE BEHALF YOU REGISTER, TO THE TOS. IF AT ANY TIME YOU DO NOT AGREE TO ALL SECTIONS OF THE TOS, YOU ARE NO LONGER GRANTED A LICENSE TO USE THE WEBSITE OR THE SERVICES AND MUST DISCONTINUE ALL YOUR USE OF THE WEBSITE AND THE SERVICES.
Eligibility. The Website and the Services are not available to any person that Nerdstudy has previously suspended or removed. By clicking the "I Agree" button or by otherwise using, or registering for an account with Nerdstudy, You represent that (a) You have not been previously suspended or removed from the Website or the Services by Nerdstudy or its agent; (b) You are the parent or guardian registering on behalf of Your child, or Your parent and/or guardian has consented to Your use of the Website and the Services; and (c) Your registration and Your use of the Website and the Services or their use by the child on whose behalf You have registered is and will be in compliance with any and all applicable laws and regulations.
Account. In order to use the Website and the Services, You must register for an account. You may be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You accept responsibility for all activities that occur under Your account or password. The information You provide to Nerdstudy, whether on registration or at any other time, will be true, accurate, current, and complete. You will ensure that this information is kept accurate at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit card number), You will immediately notify Nerdstudy. You may be liable for the losses incurred by Nerdstudy or others due to any unauthorized use of Your account. You will log out of Your account at the end of each session. Your account may not be shared with any person without prior expressed written authorization from Nerdstudy.
Membership. When You register for an account, You will become a member of Nerdstudy and have the right to use the Website and Services ("Membership"); in exchange, Nerdstudy will, at the close of any period for which you are not expected to not pay for Your use of the Website and Services, bill You for Fees, additional fees, Charges and taxes on a monthly basis. There will be no extra cancellation fees.
Fees and Charges. Nerdstudy may now, or in the future, charge fees for access to and use of the Website or the Services ("Fees"). The Fees are stated at https://www.nerdstudy.com/settings#/subscription. You will pay all Fees and applicable taxes that Nerdstudy is required to collect for Your use of the Website and the Services. Any changes in Fees will be noted on the Website no less than thirty (30) days prior to the date that such Fee changes will be effective.
Nerdstudy may also levy additional charges for Your use of the Website or the Services ("Charges"). Nerdstudy will provide personal notice to you, via email or other means of delivery personal to You, prior to the levying of any Charges although, once You have agreed to such Charges, any increase in such Charges will be noted on the Website no less than thirty (30) days prior to the date that such increase in charges will be effective.
Payment Methods. By starting Your Nerdstudy account, You expressly agree that Nerdstudy is authorized to automatically charge You the Fees, other additional fees, Charges and taxes on a monthly basis at the then-current rate. The Fees, other additional Fees, Charges and taxes will be billed at the beginning of the paying portion of your Membership and each month thereafter unless and until You cancel Your Membership and terminate Your account. If you cancel your subscription, the amount of days that you have left before access is removed will be displayed to you at https://www.nerdstudy.com/settings#/subscription.
If Your monthly Membership began on a day not contained in a given month, Nerdstudy will bill Your Payor Method on the last day of such month. For example, if You became a member on January 31, Your Payor Method would next be billed on February 28. Nerdstudy will charge the Fees, if any, and other additional fees, Charges and taxes You authorize, to the PayPal account, credit card or other payment method (collectively, "Payor Method") You designate. You authorize the Payor Method You designate to pay any amounts described herein and authorize Nerdstudy, or any other company that acts as a billing agent for Nerdstudy, to continue to attempt to charge all sums described herein to Your Payor Method until such Fees are paid in full. You will provide Nerdstudy with updated information regarding Your Payor Method upon Nerdstudy’s request, and any time the information earlier provided is no longer valid. If payment is not received by Nerdstudy from Your Payor Method, You will pay all amounts due upon demand by Nerdstudy.
Nerdstudy shall have the right to immediately preclude You from using the Website and the Services if Your account is not current.
If You wish to change Your Payor Method or need to update information regarding Your Payor Method, You must notify Nerdstudy of such changes by using the Premium Access page on the Website. If Your Payor Method reaches its expiration date and You do not edit Your Payor Method information or cancel Your account, You authorize Nerdstudy to continue to bill that Payor Method and You remain responsible for any uncollected amounts.
The amount billed by Nerdstudy in each billing period may vary for reasons that include differing amounts due to changes in Your Membership plan, and You authorize Nerdstudy to charge Your Payor Method for such varying amounts. Payments are non- refundable and there are no refunds or credits for partially used periods.
Credit Card Authorization. If Nerdstudy permits You to use a credit card to pay for any Fees, You will be asked to provide Nerdstudy with a credit card number from a card issuer that Nerdstudy accepts. Nerdstudy may seek pre-authorization of Your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your credit card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
Changes in Price; No Refunds. Nerdstudy may at any time change its Fees. All Fees are final and non-refundable.
Nerdstudy provides persons who use the Website ("Users") with Services to assist in learning certain educational subjects. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Nerdstudy properties, shall be subject to the TOS. The Services are provided "as-is", and Nerdstudy assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User Generated Content (defined below) or personalization settings.
In order to use the Services, You must have access to the Internet, either directly or through devices that access web-based content. In addition, You must provide all equipment necessary and charges assessed in order to connect to the Internet. Further, You warrant that You have the right to use the textbook for which You register when You join Nerdstudy.
Nerdstudy owns all right, title and interest in the Website, the Services, Licensed Educational, Content (defined below) and Licensed Educational Code (defined below). All rights not expressly granted hereunder are reserved by Nerdstudy. Except for the limited licenses expressly granted herein, the TOS grants You no right, title, or interest in any intellectual property owned or licensed by Nerdstudy including, but not limited to, the Nerdstudy trademarks. Any rights granted hereunder are granted solely to You.
License. Unless indicated as being in public domain, all educational videos and exercises provided by Nerdstudy (the "Licensed Educational Content") and all educational, User-readable source code made available to You by Nerdstudy on or through the modules or exercises (the "Licensed Educational Code") are protected by relevant intellectual property and proprietary rights and applicable laws. Subject to the TOS, You are hereby granted a limited, nonexclusive, freely revocable license to use the Website and the Services. All rights not expressly granted to You herein are reserved by Nerdstudy.
Nerdstudy may at any time change the specifications of or restrict or limit access to the Website and/or the Services in Nerdstudy’s sole discretion. Nerdstudy may use any technological means to enforce the TOS.
License Restrictions. The Licensed Educational Content and the Licensed Educational Code(collectively, the "LECs") are intended for personal, non-commercial use only.
Nerdstudy attempts to collect data that might be relevant for a better learning experience. How much of a video has been watched, how many questions have been answered correctly, and etcetera are all collected in an effort to bring a wholesome learning experience. The exact information as to what is collected changes from time to time and by agreeing to this TOS, you are giving us consent to collect this information. Nerdstudy does not, however, sell this information to a third party of any sort.
All information including but not limited to data, text, software, photographs, graphics, illustrations, artwork, video, music, sound, messages, names, logos, trademarks, service marks and other materials ("User Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Generated Content originated. You are entirely responsible for all User Generated Content that You upload, post, e-mail, transmit or otherwise make available via the Services. Whether or not such User Generated Content is published, Nerdstudy does not guarantee any confidentiality with respect to any submissions.
Nerdstudy does not control the User Generated Content and, as such, does not guarantee the accuracy, integrity or quality of such User Generated Content. Under no circumstances will Nerdstudy be liable in any way for any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available via the Services.
The technical processing and transmission of the Services, including Your User Generated Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User Generated Content Disclaimer. When using the Services, You will be exposed to User Generated Content from a variety of sources. Nerdstudy is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Generated Content. You may be exposed to User Generated Content that is inaccurate, offensive, indecent or objectionable. You waive any legal or equitable rights or remedies You have or may have against Nerdstudy with respect to such User Generated Content. Nerdstudy does not endorse any User Generated Content or any opinion, recommendation or advice expressed therein, and Nerdstudy expressly disclaims any and all liability in connection with User Generated Content.
If You are a content owner or User with concerns regarding Your intellectual property rights, please contact support@Nerdstudy.com. If notified by a User or a content owner of User Generated Content that allegedly does not conform to the TOS including, without limitation, allegations of infringement of third-party intellectual property or proprietary rights, Nerdstudy may investigate the allegations and determine in its sole discretion whether to remove the User Generated Content, which it reserves the right to do at any time and without notice or liability to You. Nerdstudy does not permit intellectual property infringing activities on the Website. Nerdstudy respects the intellectual property of others and takes the protection of intellectual property very seriously, and expects that You and all Users will do the same.
License Grant to Nerdstudy. By submitting or distributing User Generated Content, You hereby grant to Nerdstudy a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit Your User Generated Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
License Grant to Users. By submitting or distributing User Generated Content, You hereby grant to each User a non-exclusive license to access and use Your User Generated Content. By submitting or distributing User Generated Content, You hereby grant to each User a non-exclusive license to access and use Your User Generated Content. Users’ rights to such User Generated Content arising out of distributions of such User Generated Content survive any termination or expiration of the license granted in the TOS.
User Generated Content Representations and Warranties. You are solely responsible for Your User Generated Content and the consequences of posting or publishing User Generated Content. By uploading, submitting, creating, or publishing Your User Generated Content, You represent, and warrant that You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Nerdstudy and Nerdstudy’s Users to use and distribute Your User Generated Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Nerdstudy and the TOS. Nerdstudy reserves all rights and remedies against any User who violates the TOS.
Access to Your User Generated Content. Nerdstudy permits Users to share their User Generated Content with a select group of other Users, or make their User Generated Content public for all (even non-Users) to view. You acknowledge and agree that although Nerdstudy may provide certain features intended to allow You to restrict some User Generated Content You create from others, Nerdstudy does not guarantee that such User Generated Content will never be accessible by others. In the event of unauthorized access, Nerdstudy will use reasonable efforts to notify You. Nerdstudy HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER GENERATED CONTENT.
Prohibited Conduct. BY USING THE WEBSITE AND/OR THE SERVICES YOU AGREE NOT TO:
Nerdstudy reserves the right at any time, and from time to time, to modify or temporarily discontinue the Services or any part thereof with or without notice to You. Nerdstudy shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
In the event of permanent discontinuance of the Services, the Website and Services will remain accessible to You until the end of Your prepaid Membership.
By Nerdstudy. Nerdstudy, in its sole discretion, may for any reason or no reason terminate Your password, Your account or any part thereof, or Your use of the Services, for any reason including, without limitation, for lack of use, or if Nerdstudy believes or knows that You have violated or acted inconsistently with the letter or spirit of the TOS. Any real or suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Nerdstudy may have at law or in equity. Nerdstudy also may, in its sole discretion, remove any User Generated Content You submitted. Nerdstudy may also, in its sole discretion and at any time, discontinue providing the Services or any part thereof, with or without notice. Any termination of Your access to the Services under any provision of this TOS may be effectuated without prior notice. Nerdstudy may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Further, Nerdstudy shall not be liable to You or any third-party for any termination of Your access to the Services.
By You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) the Services; (iii) any term of the TOS, (iv) any policy or practice of Nerdstudy in operating the Website and/or the Services, or (v) any content or information transmitted through the Website and/or the Services, is to terminate the TOS and Your account. You may terminate the TOS at any time by deleting Your login account with the Website and discontinuing use of any and all parts of the Website and/or the Services.You must terminate Your account before it renews for the next billing period in order to avoid being billed for the next month.
To terminate Your account and cancel Your Membership, sign into Your account, access the Account Management page, click "Cancel membership" and follow the instruction provided there.
If You terminate Your account, You won’t be charged again and You will get access to the Website and the Services for the rest of the period for which You’ve already paid. Nerdstudy will not offer any refund, whether full or pro-rated, for any partial month.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Nerdstudy has no control over such sites and resources, Nerdstudy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources. Nerdstudy shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with Your use of or reliance on any such content, goods or services available on or through any such third party site or resource.
The Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information offered to You through the Services is protected by proprietary rights and laws. Except as expressly authorized by Nerdstudy or advertisers, You will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
You will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You will not modify the Software in any manner, or use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Services. You will not access the Services by any means other than through the interface that is provided by Nerdstudy.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Nerdstudy SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Nerdstudy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL THE TOTAL LIABILITY OF Nerdstudy OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TOS OR YOUR USE OF THE WEBSITE OR THE SERVICES OR OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.
Indemnification. You will indemnify, defend, and hold harmless Nerdstudy, its parent, subsidiaries, affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (collectively, the "Nerdstudy Indemnitees") from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your User Generated Content, any use or misuse of the Website, the Services, any violation of the TOS, or any breach of the representations, warranties, and covenants made herein. The Nerdstudy Indemnitees reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Nerdstudy Indemnitees, and You will cooperate with the Nerdstudy Indemnitees’ defense of these claims. The Nerdstudy Indemnitees will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Nerdstudy is a registered trademark of Nerdstudy.
Changes to the TOS may be made by Nerdstudy at any time without specific notice to You. New versions of the TOS will be reflected by a changed date at the beginning of the TOS. Each time you access the Services or visit the Website, You confirm Your acceptance of the TOS as it reads on the date of Your most recent access.
The TOS constitutes the entire agreement between You and Nerdstudy and governs Your use of the Services, superseding any prior agreements between You and Nerdstudy. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The TOS and the relationship between You and Nerdstudy shall be governed by the laws of the Province of British Columbia without regard to conflict of law provisions. The failure of Nerdstudy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, You and Nerdstudy nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Dispute Resolution. You will not bring, nor combine with any others to bring, a class action against Nerdstudy for any claim arising under the TOS, the Website, the Services or any other reasons. All claims brought against Nerdstudy for any relief except injunctive or other equitable relief shall be addressed in binding non-appearance-based arbitration. In such a situation, you will comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Assignment. The TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Nerdstudy without restriction. Any assignment attempted to be made in violation of the TOS shall be null and void.
Survival. Upon termination of the TOS, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Any references to currency in the TOS are to United States Dollars.