Terms of Service

At a Glance

These terms set expectations for using StudyRails and the content you share on the platform.

• Use of the Site: Access is for personal, non-commercial use unless we approve otherwise.
• Your content: You own your content, but grant us a license to display and operate it.
• Availability: We may update, suspend, or discontinue features with notice.
• Liability: The service is provided as-is with standard legal limitations.

Agreement to Terms

These Terms of Service form a binding agreement between you and StudyRails and govern access to studyrails.com and any related services.

By using the Site, you confirm that you have read and agree to these Terms. If you do not agree, please discontinue use.

We may update these Terms from time to time and will revise the "Last Updated" date. Continued use of the Site after changes means you accept the updated Terms.

Intellectual Property Rights

Unless otherwise indicated, the Site and all its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by StudyRails, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The StudyRails name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of StudyRails or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Site or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Site or its contents
• Any downloading, copying, or other use of account information for the benefit of any third party
• Any use of data mining, robots, or similar data gathering and extraction tools

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.

User Representations

By using the Site, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation
• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary
• You will not share your account credentials with any third party

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

User Registration

You may be required to register with the Site to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

If you believe your account has been compromised, you must notify us immediately at [email protected].

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use any information obtained from the Site to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit viruses, Trojan horses, or other malicious code
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Attempt to bypass any measures of the Site designed to prevent or restrict access
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Use any device, software, or routine that interferes with the proper working of the Site
• Use the Site to advertise or offer to sell goods and services without our prior written consent
• Sell or otherwise transfer your profile or account

User Generated Content

The Site may invite you to participate in forums, submit reviews, ratings, or other content ("Contributions"). Contributions may be viewable by other users of the Site and through third-party websites.

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance of your Contributions does not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation
• Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not include any material that solicits personal information from anyone under the age of 18

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

This license includes the right to prepare derivative works of, or incorporate into other works, your Contributions, and grant and authorize sublicenses of the foregoing. This license will apply to any form, media, or technology now known or hereafter developed.

Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access Third-Party Websites or use Third-Party Content, you do so at your own risk.

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. We may use third-party advertising companies, including Google AdSense, to serve ads when you visit our Site.

These advertising companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see our Privacy Policy.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers beyond displaying their content. The advertisers are solely responsible for the content of their advertisements.

Site Management

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms
• Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
• Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

Term and Termination

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and we agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If we cannot resolve a dispute through informal negotiations, you agree that any dispute arising from or relating to these Terms or our Site shall be submitted to binding arbitration in Santa Clara County, California. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association.

Restrictions

You agree that any arbitration shall be limited to the dispute between you and us individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Disclaimer

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE

The information provided on this Site about institutions, professors, and other educational entities is sourced from publicly available databases and user contributions. We do not guarantee the accuracy, completeness, or timeliness of this information. You should verify all information directly with the relevant institutions before making any educational decisions.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your Contributions
• Use of the Site
• Breach of these Terms
• Any breach of your representations and warranties set forth in these Terms
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

Electronic Communications

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

• Email: [email protected]
• General Inquiries: [email protected]
• Contact Form: studyrails.com/contact

StudyRails
Sunnyvale, California
United States