Terms of Service
Last updated: August 31, 2018
Vested Academics owns and operates https://www.vestedacademics.com and its related pages (the “Website”). We also own and operate https://www.app.vestedacademics.com and its related pages (the “App Website” or “App Site”). The Website and App Site will be referred to collectively as the “Websites.”
As used in this Terms of Service, the terms “we, “our,” and “us” refers to Vested Academics. The terms “you” and “your” used in these Terms refer to you as the user or viewer of the Websites.
Your Agreement With Us
This document governs your relationship with the Websites. Access to and use of the Websites is subject to the terms, conditions and notices in these Terms, as well as any other documents that you may be required to review and agree to before accessing services that can be signed up for and/or received on or through the Websites. By using the Websites, you are agreeing to these Terms, which we may update from time to time. We may notify you of the changes by posting the modified Terms on the Websites. You should check this page regularly to see if any changes have been made to the Terms. Your continued access and/or use of the Websites following changes to the Terms will be considered acceptance of the revised Terms. You may not amend the Terms.
Website “Dos” and “Don’ts”
As a condition to access and use the Websites you agree to strictly observe and adhere to the following Dos and DON’Ts:
- Provide accurate and complete information when providing information through the Websites.
- Flag or otherwise alert us to uses of the Websites that violate these Terms.
- Comply with all applicable laws.
- Carefully read any documents that you are asked to review before indicating your agreement to them.
- Misuse the Websites.
- Commit or encourage a criminal offense.
- Transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, or in breach of confidence or in any way offensive or obscene.
- Hack into any aspect of the Websites.
- Corrupt data.
- Cause annoyance to other users.
- Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights. This would include, but is not limited to, causing copyrighted material to be placed on the Websites without the express permission of the copyright owner or other legal right to do so.
- Send any unsolicited advertising or promotional material, commonly referred to as “spam”.
- Attempt to affect the performance or functionality of any computer facilities of or accessed through the Websites. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- Access the Websites without authorization.
- Take any action on or through the Websites that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
- Access or attempt to access any other user’s account or misrepresent or attempt to misrepresent your identity while using the Websites.
- Record, download, or transmit (by digital or other means) any audio, visual, or other media material, relating to or derived from services signed up for and/or received on or through the Websites, including, but not limited to, any and all tutoring services. This applies to you and anyone you sign up to receive services on or through the Websites.
- Allow any third parties to participate in any services signed up for and/or received on or through the Websites or otherwise record, download, or transmit media relating to or derived from such services. This applies to you and anyone you sign up to receive services on or through the Websites.
We reserve the right to delete any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material from the Websites. We will also cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms.
Violations of the Agreement and Termination
We reserve the right, at our sole discretion, to immediately and without notice or cause modify, suspend, or terminate these Terms. Following any termination or expiration, you will have no further right to access or use the Websites, but the terms of these Terms of Service will continue to apply to any obligations incurred or arising prior to its termination.
If we, in our sole discretion, determine that you have breached these Terms, we will take actions to protect the Websites, and/or any of our users, including but not limited to discontinuing your access to the Websites; notifying your e-mail address (to the extent you have provided it to us); and/or notifying and/or sending content to and/or fully cooperating with the proper law enforcement authorities for further action.
On the condition that you comply with all your obligations under these Terms, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable personal license and right to access and use the Websites. Any other use of the Websites contrary to our mission and purpose is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms.
You also agree that we or our licensors and/or licensees retain all rights in and to the Websites and any elements and/or components of the same, including but not limited to its design, layout, look, appearance, and graphics. You agree that the Websites and their various elements/components are protected by copyright, trademark, and other intellectual property laws.
Intellectual Property, Software and Content
All of the content elements displayed and/or downloadable on the Websites, including photographic images, illustrations, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of the Websites, including their designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Websites (together with the Content, collectively, the “Site Elements”) is the exclusive property of Vested Academics or our licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of Vested Academics and/or our licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Vested Academics hereby expressly reserves all rights in relation to the Websites and Site Elements not expressly granted herein. You may not archive or retain any Content without the express prior written consent of Vested Academics.
Without limiting the foregoing in any way, you, on your own behalf and on behalf of any anyone that you sign up to receive services on or through the Websites (whether in-person, or remotely provided), understand and agree that we may record by audio, video, or other media, our provision of services (whether in-person, or remotely-provided) signed up for and/or received on or through the Websites. Any such recordings, and any materials or other media created from such recordings, are our property and you, on your own behalf and on behalf of anyone that you sign up to receive services on or through the Websites, hereby grant to us all ownership rights and the absolute and irrevocable right and permission to use and publish the name, likeness, recorded image, still image, and/or voice of the recipient of services signed up for and/or received on or through the Websites, in any format, including, but not limited to still images and clips, for any lawful purpose, including, but not limited to, trade, exhibition, illustration, promotion, publicity, marketing, advertising, and electronic publication. You, on your own behalf and on behalf of anyone that you sign up to receive services on or through the Websites, understand and agree that you and/or anyone that you sign up to receive services on or through the Websites will not receive payment or other consideration for any use of information described herein, and that you waive any claim or right to the same.
Release and Limitation of Liability
YOU HEREBY RELEASE VESTED ACADEMICS AND ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, ATTORNEYS, AND THEIR PREDECESSORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (“RELEASEES”), FROM ALL CLAIMS, DAMANGES, COMPLAINTS, CAUSES OF ACTION, SUITS, DEMANDS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY NATURE WHATSOEVER, BOTH AT LAW AND IN EQUITY, EXCEPT THOSE CLAIMS THAT MAY NOT BE RELEASED OR WAIVED BY LAW, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. YOU ALSO AGREE THAT IN NO EVENT SHALL VESTED ACADEMICS OR OTHER RELEASEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND, WHETHER FORSEEABLE OR NOT, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE MALFUNCTION OF THE WEBSITES OR ANY OF THE INFORMATION AND/OR CONTENT CONTAINED ON THE WEBSITES.
You agree to defend, indemnify, and hold harmless Vested Academics and its affiliates, officers, directors, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Websites; breach of these Terms or violation of applicable law by you or any other user of the Websites using the same with your consent; your information on the Websites, including any claim involving alleged infringement or misappropriation of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Websites.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, VESTED ACADEMICS DOES NOT WARRANT THAT THE WEBSITES WILL BE ERROR-FREE OR THAT THE WEBSITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITES OR THEIR CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, VESTED ACADEMICS IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VESTED ACADEMICS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. VESTED ACADEMICS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITES CONTENTS, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VESTED ACADEMICS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY VESTED ACADEMICS WEBSITES AND/SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITES AND/OR THEIR CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VESTED ACADEMICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission.
Links to Third-Party Sites
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) that we may offer from time to time are governed by additional terms and rules outside of these Terms. Consequently, if you decide to participate in any Promotions, you should review the applicable terms and rules. If the terms and rules for a Promotion conflict with these Terms, the Promotion rules will apply.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, error(s) in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
The logo, name, and all graphics on the Websites are trademarks of Vested Academics or its affiliates. Use, reproduction, copying, or redistribution of trademarks, without the written permission of Vested Academics or its affiliates is prohibited. All other trademarks or servicemarks appearing on the Websites are the marks of their respective owners.
The Websites are not intended for use by children under 13 years of age. Any child under 13 years of age must have his or her parent’s permission to use the Websites. Additional restrictions may apply to the use of some or all of our services described on our Websites for users who are over the age of 13 as well.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at: Info@VestedAcademics.com
Please also contact us if you have any questions about these Terms, or if you become aware of any misuse of the Websites by anyone.
With respect to complaints related to copyrights, Vested Academics respects the intellectual property rights of others. If you are a copyright owner and you believe your intellectual property has been improperly posted or distributed via the Website, please notify us by sending an email to Info@VestedAcademics.com or by sending a notice by U.S. Mail to: Vested Academics, 121 Main Street, Yarmouth, ME 04096. In your email or letter, you will need to include all of the notice elements listed in the DMCA at 17 U.S.C. Section 512(c)(3). Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user’s content is infringing.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You, on your own behalf and on behalf of any users under the age of 18 that you sign up to receive services through the Websites, acknowledge, understand, and agree that we may communicate directly with the recipient of services via electronic mail, messaging applications, or other similar electronic communications media.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
Information on the Websites
The information contained on our Websites is provided for informational purposes only. It is not intended to, and should not, be relied on as professional advice. Additionally, inclusion of information on the Free Resources page in no way constitutes an endorsement, express or implied, by us of the information provided there.
Please read our policy regarding REFUNDS, which is incorporated herein by reference.
Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website NetParents at http://www.netparents.org/parentstips/browsers.html.
Governing Law and Forum for Legal Disputes
These Terms or any claim, cause of action, or dispute arising out of or related to these Terms shall be governed by the laws of the State of Maine regardless of where you access the Websites, and notwithstanding any conflicts of laws principles. All claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Cumberland County, Maine, except as otherwise agreed by us and you. You also agree that regardless of any statute or law to the contrary, any claim or cause of action against Vested Academics, arising out of or related to the Websites or the use of the Websites, must be filed within one year after such claim or cause of action arose and must be filed in a court in Maine.
If you have any questions about these Terms, please CONTACT us.