Terms of Use
Last Updated Date: 09/02/19
PLEASE READ THIS TERMS OF USE CAREFULLY.
These Terms of Use constitute a legally binding agreement (the “Agreement”) between you and iStudy Buddy , governing your use of the OnlineTutorialFinderSystemFirebaseapp.com and any information. By accessing or using the systems, you agree to the terms of this Agreement. If you have entered into another agreement with Online iStudy Buddy , then the terms of that agreement controls where it conflicts with these terms. iStudy Buddy reserves the right, at any time, to modify, alter, update or remove portions of this Agreement. Please check this Agreement (as well as our privacy policy ("Privacy Policy")) from time to time.
PLEASE BE ADVISED: IF YOU PROVIDE YOUR EXPRESS WRITTEN CONSENT (defined below) TO THIS AGREEMENT, YOU WILL BE SUBJECT TO PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND The corporate group (defined below) MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE ‘DISPUTE RESOLUTION AND ARBITRATION’ IN SECTION 4 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST the corporate group (defined below) TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED Below.
This Agreement is of general application to you and to iStudy Buddy its parent or sibling corporations, affiliates, related entities, and/or marketing partners, referenced individually and as a whole (“The Corporate Group”). The Website and its matching and related services for students who are seeking tutors, matching and related services for tutors who seek to advertise and provide their services to potential students, customized learning, and/or test preparation provider connecting (the “Service”) are owned and operated by iStudy Buddy for its benefit or the benefit of The Corporate Group. From time to time, tutors advertise and provide their tutoring services (or seek to do so) to potential students obtained through the Website (a “Tutor” or “Tutors”). Individuals, groups, entities, etc. also, from time to time, locate and obtain a Tutor (or seek to do so) through the Website (a “Student” or “Students”). iStudy Buddy has adopted this Agreement on its behalf and to the benefit of The Corporate Group as third party beneficiaries to make you aware of the terms and conditions of your use of the Website and the Service. You agree that, as part of the consideration of this Agreement, The Corporate Group may enforce this Agreement. By using the Website and/or the Service, you agree to be bound by certain terms of this Agreement and acknowledge that Sections 3 and 4 are not binding upon you unless you provide your express written consent, as more fully described below.
1. YOUR LICENSE TO USE OUR SYSTEM.
Subject to the terms and conditions of this Agreement and any agreement entered into by your institution relating to the System, iStudy Buddy grants you a limited, non-exclusive, non-transferable, license to access and use the system well. You shall not (a) copy any part, feature, function or user interface thereof (b) use the system to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights (c) attempt to gain unauthorized access to the Product or its related systems or networks; and (d) reverse engineer the System (to the extent such restriction is permitted by law).
You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Courses or Content.
2. PRIVACY.
iStudy Buddy is incorposrated herein by reference and made part of this Agreement. You understand that through your use of the System, you consent to the collection and use (as set forth in this Agreement, the Privacy Policy and any agreement entered into by your institution relating to the System) of your information for hosting, processing and use by iStudy Buddy .
3. iStudy Buddy 'S RIGHTS.
All right, title, and interest in and to the System and all underlying ideas, concepts, procedures, processes, principles, know-how, methods of operation, images, source code, and specifications related thereto, together with any updates, enhancements, modifications, improvements or derivatives works thereto, in each case including all copyrights, trade names, trademarks and other intellectual property rights therein (collectively, the “iStudy Buddy IP”), is, and shall remain the sole and exclusive property of iStudy Buddy . Certain iStudy Buddy IP is protected by Republic of the Philippines copyright laws (and other laws relating to intellectual property). The System is not sold, to you hereunder and, except for the express limited rights granted to you in accordance with the terms of this Agreement, no right, title or interest in or to the iStudy Buddy IP is granted or otherwise transferred by iStudy Buddy in connection with this Agreement. iStudy Buddy shall have, and you hereby grant to iStudy Buddy , a royalty-free, perpetual, worldwide, non-exclusive, irrevocable right to use or incorporate into the System and/or any specifications, without restriction or obligation, any suggestions, enhancements, recommendations or other feedback provided by you with respect to the System.
4. TERMINATION.
iStudy Buddy may suspend or terminate your account or cease providing you with access to our System, without notice, for any conduct that iStudy Buddy , in its sole discretion, believes is in violation of any applicable law or the terms of this Agreement. The sections titled “Privacy,” “Your Content,” “iStudy Buddy ’s Rights,” “Termination,” “Indemnification”, “Limitation of Liability, “Disclaimer of Warranties,” “Indemnification,” “Miscellaneous” shall survive any termination of this Agreement.
5. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless iStudy Buddy and iStudy Buddy ’s officers, directors, employees, agents, and representatives, from and against any and all claims, damages, expenses, judgments, fines, and amounts paid in settlement in connection with any proceeding arising from your breach of this Agreement or your use of the System (except for any gross negligence on the part of iStudy Buddy ).
6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SYSTEM IS AT YOUR SOLE RISK, AND OUR SYSTEM ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SOFTWARE INCLUDED WITHIN THE SYSTEM WILL BE ERROR FREE. ALL OTHER WARRANTIES RELATING TO THE SYSTEM OR THIS AGREEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY iStudy Buddy . iStudy Buddy MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE SYSTEM WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (C) ANY ERRORS IN THE SYSTEM WILL BE CORRECTED.
IN CONNECTION WITH USING OUR SYSTEM, YOU MAY PURCHASE OTHER SYSTEM AND/OR SERVICES FROM, AND/OR PARTICIPATE IN PROMOTIONS OF, THIRD PARTIES. TRANSACTIONS RELATING TO ANY SUCH THIRD PARTY SYSTEM, SERVICES AND/OR PROMOTIONS, AND ANY TERMS ASSOCIATED THEREWITH, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTIES. iStudy Buddy DOES NOT SUPPORT, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING, ANY SUCH THIRD PARTY SYSTEM, SERVICES AND/OR PROMOTIONS, AND IN NO EVENT WILL iStudy Buddy HAVE ANY LIABILITY WHATSOEVER IN CONNECTION THEREWITH.
IN NO EVENT WILL iStudy Buddy , ITS DEVELOPERS, OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SYSTEM OR THE PROVISION OF SERVICES, EVEN IF SCHOOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SCHOOLOGY’S, ITS DEVELOPERS’ OR SUPPLIERS’ ENTIRE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR AS A RESULT OF THIS AGREEMENT EXCEED THE GREATER OF TWENTY FIVE DOLLARS ($25) OR THE AMOUNT YOU ACTUALLY PAID SCHOOLOGY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, 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, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Digital Millennium Copyright Act Notice.
We respect the intellectual property rights of others, and require that the people who use the System do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the System in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Republic of the Philippine copyright law. Owners of copyrighted works who believe that their rights under Republic of the Philippines copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to our Copyright Agent whose contact information is provided below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: OTFS (iStudy Buddy , Inc.)
Attention: Contracts Department
Address: Asian College of Technology, 3rd Floor, Corner Leon Kilat St. and P. del Rosario St., Cebu City , Philippines
Phone: 238-2380 Local 17
Email: onlinetutorialfinderystem@gmail.com
8. MISCELLANEOUS.
OTFS. iStudy Buddy shall not be liable for any delay or failure to perform any obligation hereunder due to causes beyond its control, including without limitation, war, riot, insurrection, civil commotion, terrorist activity, fire, industrial disputes of whatever nature, acts of nature, computer crimes, epidemics, acts or omissions of third party vendors or suppliers, equipment failures, public enemies of government, failure of telecommunications, system malfunctions, fire, or other casualty.
Waiver and Severability. Waiver by iStudy Buddy of any default or breach by you of any provision contained in this Agreement does not constitute a waiver of any subsequent default or breach of the same or any other provision of this Agreement. If any part of this Agreement shall be held invalid, illegal, in conflict with any law, or otherwise unenforceable by a court of competent jurisdiction, the remainder of this Agreement will nevertheless remain in full force and effect. No Third Party Beneficiaries. The parties do not intend to confer any right or remedy on any third party.
No Third Party Beneficiaries. The parties do not intend to confer any right or remedy on any third party.
Entire Agreement. Except where you or your institution have entered into a specific agreement with iStudy Buddy and/or for particular System, this Agreement and our Privacy Policy contains the entire understanding are the entire and exclusive agreement between iStudy Buddy and you regarding the subject matter of this Agreement and this Agreement supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between Schoology and you with respect to the subject matter of this Agreement.
Assignment. You may not assign this Agreement to any third party without the prior written consent of the iStudy Buddy . Any such purported assignment shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, and permitted assigns, if any. iStudy Buddy may assign its rights and obligations under this Agreement to a third party without your consent.
Controlling Law and Venue. This Agreement shall be construed and controlled by the laws of the State of Cebu, Republic of the Philippines, without giving effect to principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed and shall not apply to this Agreement. Courts located in Cebu City, Philippines shall be the exclusive forum for any litigation arising out of this Agreement. You waive any objections to venue, personal jurisdiction, or forum non conveniens.