Access and Use Policy (Terms of Use)
Please read this Policy carefully before using or accessing Online Products and Services via http://studypack.com or via any other present or future aliases to these Online Products and Services. By accessing or using these Online Products and Services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you must not access or use any of these Online Products and Services (except for reading this Policy). This Policy can be modified at any time and such modifications shall be effective immediately upon posting of the modified Policy. You agree to review the Policy periodically to be aware of such modifications and your continued access or use of these Online Products and Services shall be deemed your conclusive acceptance of the modified Policy.
1. Copyright and Licenses
1.1. These Online Products and Services are copyrighted under the United States copyright laws. You may print and download portions of these Online Products and Services solely for your own personal use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of the copyright holder. See also Study Packs's Copyright Policy.
1.2. You can use these Online Products and Services only in active courses of study that are physically hosted on the http://studypack.com site. You understand that any other use of these Online Products and Services is prohibited, except when authorized by an explicit written permission by Study Pack.
1.3. You agree not to change or delete any proprietary and copyright notices from any downloaded or printed parts of these Online Products and Services.
1.4. You agree that you shall have no recourse against Study Pack for any alleged or actual infringement or misappropriation of any proprietary right in your communications to these Online Products and Services.
2. Access to these Online Products and Services
2.1. Study Pack hosts these Online Products and Services on a commercial web hosting provider which is deemed to provide adequate reliability and speed. You understand that Study Pack does not warrant that Access to these Online Products and Services, via http://studypack.com or via any other present or future aliases, will be uninterrupted or error-free. Access to these Online Products and Services is provided on an "as is, as available" basis.
2.2. You understand that these Online Products and Services may be revised from time to time to meet emerging training and educational objectives. New products and services may be added. Existing products and services may be removed if and when considered as unnecessary or no longer relevant. Once products and services are removed, they will not be accessible and will not be available upon request.
2.3. You understand that your subscription to some or all of these Online Products and Services is a limited license to use products and services only between the time when access is granted and the end date for the access authorization. After the end date of your access authorization, you will not have access to lab assignments, reports, quizzes, exams, or other products and services you completed during the course of study. The subscription is non-transferable and is to be used only by you.
2.4. You will not share your username/user id and password with anyone, even if that person has his or her own subscription. Such sharing of usernames/user ids and passwords is a violation of this Policy and will result in immediate suspension of your access or use of these Online Products and Services without refund. Access to these Online Products and Services is logged and monitored, and the "one subscriber - one user policy" is enforced diligently.
3. Liability
3.1. In no event will Study Pack be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use these Online Products and Services, or any information, or transactions provided from these Online Products and Services or downloaded or hyperlinked from these Online Products and Services, even if Study Pack has been advised of the possibility of such damages; or (2) any claim attributable to errors, omissions, or other inaccuracies in these Online Products and Services or information downloaded through, or hyperlinked from, these Online Products and Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of Study Pack is limited to the greatest extent permitted by law.
4. Indemnification
4.1. You agree to indemnify, defend, and hold harmless Study Pack and any third party information providers to him from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Policy t by you.
5. Miscellaneous
5.1. This Policy shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between Study pack and you for any purpose concerning this Policy or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to these Online Products and Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Study Pack's failure to insist upon or enforce strict performance of any provision of this Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Policy. Study Pack may assign its rights and duties under this Policy to any party at any time without notice to you.