Terms and Conditions
Last updated September4, 2020
PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SCOLLAR WEBSITE AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS BETWEEN YOU AND SCOLLAR, INCORPORATED (“SCOLLAR”), A DELAWARE CORPORATION.
BYUSING THE WEBSITE, YOUAGREE TO THE TERMS OUTLINED HEREIN.
ACCESS TO THE SERVICES
The www.scollar.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by SCOLLAR in connection therewith (collectively, the “Website”) are owned and operated by SCOLLAR. Subject to theTerms of this Agreement, SCOLLAR may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party.
The term “Services” includes, without limitation, use of the Website, any service SCOLLAR performs for you and the Content (as defined below) offered by SCOLLAR on the Website. SCOLLAR may change,suspend, or discontinue the Services at any time, with or without notice, including the availability of any feature, database, or Content. SCOLLAR may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may choose to use the Services in connection with one or moreSCOLLAR devices (the “Product”).
You shall notify us immediately upon becoming aware of any violation of the Terms of this Agreement.
You may use the Services in connection with the Product only after you have purchased the Product and read and accepted the SCOLLAR Shipping and Return Policy. SCOLLAR reserves the right, in its sole discretion, to modify this Agreement at any time, with or without notice. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of theTermsof this Agreement as modified. SCOLLAR does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to SCOLLAR or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as commercially possible. If you believe that we might have any information from or about a child under the age of 13, please contact us
You represent and warrant to SCOLLAR that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) youshall maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. Youshall notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
SCOLLAR e-commerce platform is hosted on Shopify Inc.
The followingare accepted forms of payment: (i)Visa,(ii)Mastercard,(iii)American Express,(iv)Discover,(v)JCB,(vi)Diners Club,(vii)Shop Pay,(viii)Apply Pay,(ix)Google Pay; and (x)PayPal.
If you wish to make a purchase through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your AutomatedClearingHouse (ACH) information, your credit card number, the expiration date of your credit card,any activationnumbers or codes required to chargeyou for your Purchases,your billing address, and your shipping information.
SCOLLAR reserves the right to refuse or cancel your order at any time for reasons, including but not limited to: product availability, errors in product pricing or description, error in your order or other reasons. SCOLLAR reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
SHIPPING ANDRETURN POLICY
Your Purchase is subject to our Shipping and Return Policy posted on the Website.
Please reviewtheShipping andReturn Policy on the Website beforecompleting a Purchase. SCOLLAR reserves the right to change or updateourShipping andReturn Policy at any time, with or without notice.
SCOLLAR values your honest and direct opinions.SCOLLAR reserves the right, but not the obligation, to remove arating and/orreview at any timeincluding, but not limited to ourinternalreview guidelines.The ratings and reviews posted on the Website are solelyan individual and subjective opinion. SCOLLARwill not be responsible or liable,directlyor indirectly, for any content posted on the Website by you, or anythird party.
Youshall not access or usetheServices,including but not limited to: (i) conduct any unlawful activities, (ii)solicit others byunauthorized use of theWebsite, including collecting email addressesand/or phone numbersof users, (iii)create user accounts by automated means or under false pretenses, (iv)improper use ofSCOLLARsupport services or submit false reports of abuse or misconduct, (v) upload or transmit (or attempt to upload or to transmit) viruses,maliciouscodes, orany other material that will (or attempt to), without limitation, interfere; and/or disrupt the Website, (vi) harass,abuse, intimidate,slander, discriminateor threaten SCOLLAR , its directors, employees, partners, agents, suppliers, or affiliates; and(vii) violateany rules, laws, ordinances and/or regulationsset forth by any international, federal, state/provincialand/or localentities.
You shall carefully review theEnd-User License Agreement (the “EULA”)before clicking the “I Agree” button, downloading,installing, or using the SCOLLARmobile application services (the “Mobile App”).
If you do not agree to theEULA,do not click the “I Agree” button, and do not download,install, or use the Mobile App.
SCOLLAR grants you a personal, revocable, non-exclusive, non-transferable, limited right to download, install, use and/or access the Mobile App solely on electronic mobile devices owned and controlled by you,strictly in accordance with theEULA.
SCOLLAR reserves the right to change or updatetheEULA for the Mobile App at any time, with or without notice.
COMMENTS, FEEDBACK ANDSUBMISSIONS
You accept and agree thatanycomments, feedback andsubmissions (“SUBMISSIONS”), including but not limited to: (i) questions, (ii) comments, (iii) ideas, (iv) suggestions; and/or (v) any other informationregarding SCOLLAR and/or the Website are non-confidential and shall becomethe exclusive property of SCOLLAR.SCOLLARwill own exclusive rights, andll be entitled to, withoutlimitation, including but not limited to: (i) reproduce,(ii)distribute,(iii)modify; and/or (iv)publish in any medium.
You accept and agree thatthese Submissions do not violate any rights, including but not limited to: (i) intellectual property, (ii) trademark, (iii) privacy; and/or (iv) copyright.You are solely responsiblefor anySubmissions and agree that there shall not be any recourse against SCOLLAR for any allegedor actual infringementor misappropriation.
AVAILABILITY, ERRORS AND INACCURACIES
SCOLLAR is constantly updating product and service offerings on the Service. SCOLLAR may experience delays in updating information on the Service and in our advertising on other web sites. The informationfound on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and SCOLLAR cannot guarantee the accuracy or completeness of any information found on the Service.
SCOLLAR therefore reserves the right to change or update information and to correct errors, inaccuracies,and/or omissions at any time, with or without notice.
The Service, and its original content (excluding User Content), features and functionality are and will remain the exclusive property of SCOLLAR and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Statesof Americaand foreign countries. SCOLLAR trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SCOLLAR.
You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Service except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use.
If you violate any of these Terms, your permission to use the Service automatically terminates and youshall immediately destroy any copies you have made of any portion of the Service.
LINKS TO OTHER WEBSITES
The Service may contain links to third-party websites or services that are not owned or controlled by SCOLLAR. SCOLLAR has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. SCOLLAR does not warrant the offerings of any of these entities/individualsand/or their websites.
You acknowledge and agree that SCOLLAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. SCOLLAR strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
SCOLLAR may terminate or suspend your Account andrevoke access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You can deactivate your Account by contacting us.
All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless SCOLLAR and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of(i) your use and access of the Service, by you or any person using your Account and password;(ii) a breach of these Terms,and/or(iii) Content and User Content posted on the Service.
LIMITATION OF LIABILITY
In no event shall SCOLLAR ,nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill,and/or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service, (ii) any conduct or content of any third party on the Service, (iii) any content obtained from the Service; and/or (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence)and/or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringementand/or course of performance.
SCOLLAR, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components;and/or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms, policies, and any other agreements are governed and construed in accordance with the laws of the State of Missouri, United States of America, regardless of choice and/or conflicts of law principles.
SCOLLAR and you (collectively, the “Parties”) agree that any dispute or claim related to intellectual property (statutory or common law), will be best resolved in court. In the event of any dispute or claim from the use or access of the Website, Services (to include Purchases), and/or Mobile App, the Parties agree to resolve such dispute or claim through binding arbitration, however you may assert claims through small claims court, as provided by law. The Parties agree to waive the right to a trial by jury by entering into this Agreement.
The Parties agree that any dispute or claim resolution proceeding will occur on an individual basis; class actions are not permitted. You agree to waive the ability to engage in class actions by entering into this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its rules and procedures. Arbitration fees will be governed by the AAA’s rules. The AAA website (www.adr.org) can provide more information about arbitrations. The Parties agree that the Federal Arbitration Act and federal arbitration law apply to this Agreement.
Unless provided by applicable law, the arbitration will occur within the City of Kansas City, County of Jackson, in the State of Missouri.
SCOLLAR reserves the right, at our sole discretion, to modify or replace these Terms at any time, with or without notice. You are responsible forchecking the Websitefor all Terms revisions.
By continuing to access or use the Servicefollowing Terms revision(s), you agree to be bound by the revisedTerms. If you do not agree to the newTerms, you are no longer authorized to use the Service.
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
CALIFORNIA USERS AND RESIDENTS
If any complaint withSCOLLARis not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If you have any questions about these Terms, please contact us.