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Terms of Use – Student of the Month

Terms and Conditions

The following are the terms and conditions (“Terms”) under which you may use StudentoftheMonth.org (“Site”). Please also read our Privacy Policy, which may be found at http://studentofthemonth/privacy-policy

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Studentofthemonth.org (“Student of the Month”) may revise these terms and conditions at any time by updating these Terms as they are displayed on this Site. We are not required to contact you prior to making any change to these Terms. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Site for any reason.

Use of Student of the Month and the Site Content

Student of the Month authorizes you to view and access the Site solely for your personal, non-commercial use. You shall not copy or adapt the underlying HTML code that with respect to any portion of the Site or the content appearing therein.

The contents of this Site, including all text, images, graphics, logos, links, button icons, software and other content (collectively, “Site Content”), are protected under both United States copyright, trademark and other laws. All Site Content is the property of Student of the Month.org, its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Student of the Month and is also protected by United States copyright laws. Unauthorized copying or use of the Site Content (including its use on any other website) may violate copyright, trademark, and other laws. You are prohibited from using the Site in violation of any applicable foreign, domestic, federal or state laws, rules or regulations or in a manner that that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. The use of defamatory, threatening, hateful, obscene, or abusive language, images or postings on the Student of the Month Sites are strictly prohibited.

Permitted Uses

Student of the Month may be used only for lawful purposes by individuals seeking to use the services as described. Student of the Month specifically prohibits any other use of the Site. By using the Site you agree not to take any of the following actions with respect to any Student of the Month Site: (a) Using any device, software or routine to interfere or attempt to interfere with the proper working of any Student of the Month Site or any activity being conducted on the Site; (b) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Student of the Month Site other than the search engine and software available from Student of the Month on such Student of the Month Site and other than generally available third party web browsers such as Microsoft Explorer is strictly prohibited; (c) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Student of the Month Site; (d) Taking any action which imposes an unreasonable or disproportionately large load on any Student of the Month Site’s infrastructure, including, without limitation, denial of service attacks; and (e) Aggregating, copying or duplicating in any manner any of the Site Content or information available from any Student of the Month Site.

User Information

In addition to the terms and conditions that may be set forth in Student of the Month’s Privacy Policy on this Site, you understand and agree that Student of the Month may disclose to third parties, on an anonymous basis, certain aggregate information based on the information you provide to Student of the Month and your usage of the Site. Student of the Month will not disclose to any third party your name or other Personal Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, subpoena, or other legally compelled disclosure. Please see Student of the Month’s Privacy Policy for further details regarding your Personal Information.

Children Under the Age of 13

The safety and privacy of children is very important to us. We are committed to comply with the requirements of all federal and state law, including the Children’s Online Privacy Protection Act of 1998 (“COPPA”). For more information about COPPA, please visit the Federal Trade Commission’s website at COPPA Website.

This Site is not intended for children under the age of 13. Student of the Month will not knowingly register or otherwise collect Personal Information from persons who identify themselves as being under the age of 13 during the registration process, without the prior consent of such child’s parent or guardian.

Disclaimers

THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STUDENT OF THE MONTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STUDENT OF THE MONTH MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STUDENT OF THE MONTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STUDENT OF THE MONTH OR THROUGH THE SITE OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THATSTUDENT OF THE MONTH DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES STUDENT OF THE MONTH MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. STUDENT OF THE MONTH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Student of the Month, studentofthemonth.org, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER STUDENT OF THE MONTH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STUDENT OF THE MONTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL STUDENT OF THE MONTH AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STUDENT OF THE MONTH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Student of the Month used herein are trademarks or registered trademarks of studentofthemonth.org. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Student of the Month and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Student of the Month and you regarding the Site.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Student of the Month’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Student of the Month may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Student of the Month (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Student of the Month to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Student of the Month. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Student of the Month

If you have any questions about these Terms or any questions, complaints or claims, please contact us at:

Email: info@degreed.com
Address: 1251 Armistead Rd., Suite B
San Francisco, CA 94129

Copyright ©2013 Student of the Month.org All Rights Reserved.