Terms of Use - AKADEMYK

TERMS AND CONDITIONS OF USE

Last updated: March 03, 2022

These terms of use are an agreement between Akademyk (“Akademyk”) and users of its website (“you” or “user”). This agreement (the “Agreement”) also governs your use of the services made available through its website (the “Website”). By using the Website, you acknowledge that you have reviewed and agree to all of the terms of this Agreement and agree to be bound by them in connection with your use of the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

Akademyk reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. Akademyk reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability.

As you use the Website, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. You acknowledge that you are aware of and accept the terms and conditions of Akademyk’s Privacy Policy. You are not authorized to use this Website in any jurisdiction where the terms of this Agreement are not enforceable.

Content

The Website includes information which Akademyk believes will be of interest to its users. Some of the information has been developed by Akademyk. Other information is provided by third-party sources. Akademyk cannot ensure that information it provides is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. You are solely responsible for use of and reliance on this information. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Website are protected by copyright, trademark or other proprietary rights of Akademyk, or third parties. Akademyk grants you a limited nonexclusive license to use the information on the Website for your personal and noncommercial use. You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.

Submission of Content or Ideas

The Website includes an interactive portion that allows users to submit information, materials and other content. If you submit any content to Akademyk, you agree and represent that you are the sole owner of the content or you have obtained written permission from the owner of any copyrighted or other proprietary information, that submission, publication, distribution or use of the content by Akademyk will not infringe any rights of any third party, and you are solely responsible for any damages resulting from such submissions. You are solely responsible for obtaining such permission and agree to indemnify Akademyk for any claim that information or materials submitted by you infringe any third-party intellectual property right. You agree not to upload, post or email any content or information that (a) is confidential, (b) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (c) contains viruses or other contaminating or destructive features, (d) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (e) offends the community standards of users of the Website (f) interferes with or disrupts the Website, (g) harass another user or (h) otherwise violates any applicable law.

You grant Akademyk a nonexclusive, royalty-free, irrevocable license to use, copy, edit, modify, transmit, publish, distribute sublicense and to create a derivative work of any content submitted by you through the Website, including but not limited to distribution as part of Akademyk’s services or in Akademyk’s electronic and print publications, without compensation or attribution to you. Akademyk has no obligation to publish, display or use any content submitted by you nor does it have any obligation or liability for any unauthorized copying, publication or distribution of such content.

Akademyk requests that you never submit any idea or suggestion to Akademyk that you consider confidential or proprietary. All ideas or suggestions submitted or disclosed will be deemed not confidential and will become the exclusive property of Akademyk. You acknowledge and agree that Akademyk may consider any idea or suggestion you submit and you irrevocably transfer and assign to Akademyk all rights, known or unknown, in and to the ideas or suggestions and Akademyk may use any idea or suggestion without restriction for any purpose without compensation to you.

Registration

To use portions of the Website, you must be registered and provide personal data including contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify Akademyk of any changes in the registration information. This Website is not intended for use by persons under the age of 13. By registering with Akademyk or using the Website, you agree that, to the extent set forth in the Akademyk Privacy Policy and subject to the limitations set forth therein, we may disclose any information you provide or that we obtain concerning your use of the Website. You are fully liable for all use of the Website accessed through your registration information, including any use by a user not authorized by you who accesses the Website using your registration information. You should promptly notify Akademyk of any unauthorized use of your registration information or other breach of security.

Information from and Contacts with Third Parties

Through our Website, you may have access to information about events, products and services of other companies who have arranged to post advertisements on, and make other information available through, our Website (“Third Party Providers”). All such information has been provided by that Third Party Provider. We do not endorse, credential or accredit the events, products or services of Third Party Providers and make no representations or warranties about the type of products or services, quality, cost, or business practices of those Third Party Providers. You are responsible for all activities between you and a Third Party Provider.

Akademyk may include or provide links on the Website to other websites on the Internet, include social media websites, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, Akademyk does not represent to you that it has investigated the content of such information, opinions or recommendations, and does not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that Akademyk has no control over such sites and is not responsible for the availability of such external sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites

You agree that you will not may any claim regarding Akademyk or its products or services on any social media site, or any other website, regardless of any connection you might have to Akademyk or if you have received any consideration from Akademyk for any reason. If you violate the terms of this Agreement by making a claim regarding Akademyk, you are solely liable.

Exchange of Information

In connection with using the Website, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Akademyk does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.

THE CONTENT MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRNATY OF ANY KIND. AKADEMYK AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH AKADEMYK. NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AKADEMYK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT AKADEMYK ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

UNDER NO CIRCUMSTANCES SHALL AKADEMYK OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF AKADEMYK IS ADVISED OF THE POSSIBILITY THEREOF.

IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND AKADEMYK AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AKADEMYK, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILiTY OF AKADEMYK OR ITS AFFILIATES, AGENTS OR LICENSORS EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITIATION AND REMEDIES ARE REASONABLE.

Results Not Guaranteed

Akademyk makes no guarantees, warranties or representations about results, including but not limited to any party’s: (i) gaining admission to any school or educational institution; (ii) performance on any test or exam; (iii) performance in any particular class; and/or (iv) potential success in any area based on the use of recommended techniques. Going Ivy expressly waives any express or implied warranties.

All Academic Responsibility Rests with Client

The responsibility for gaining admission to an educational institution rests solely with the client. In this regard, client’s sole responsibilities include but are not limited to: (i) complying with all school and/or school application requirements; (ii) knowing the content of, registering for, and taking any and all required exams; (iii) submitting any and all required documents to schools; (iv) complying with all deadlines, including but not limited application and test deadlines; (v) timely obtaining recommendations; and/or (iv) identifying which studying techniques, writing techniques, writing styles, etc., work best for the Client.

All responsibility for securing grades or participating in standardized tests rests with the client. Client is solely responsible for understanding all applicable deadlines and requirements for all academic, testing or scholastic efforts.

Akademyk Not Responsible Even In Event of Mistake

Neither Akademyk nor its members, owners, managers, employees, independent contractors or affiliates are in any way responsible if client, client’s child or client’s affiliate does not gain admission to an educational institution or achieved desired performance in any class or on any test, even if the result of an error, omission or mistake on the part of Akademyk or its members, owners, manager, employees, independent contractors or affiliates.

Independent Contractors

Akademyk may utilize independent contractors who are not our employees.

Indemnification

You agree to indemnify, defend, and hold Akademyk harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys’ fees) resulting from your use of the Website or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of Akademyk Content is entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.

General Terms

This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Arizona governing contracts wholly entered into and wholly performed within Arizona and any action to enforce these terms and conditions or in any manner related to Akademyk will be brought exclusively in the federal or state courts located in Boston, Massachusetts and you agree to submit to the jurisdiction of such courts. If you are accessing the Website from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the website, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Website and any dispute regarding the Website.

This Agreement constitutes the entire agreement between you and Akademyk with respect to the Website, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.

Copyright Infringement

If you believe that your work has been copied and use on the Website in a way that constitutes copyright infringement, please provide Akademyk’s designated Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

Notice of claims of copyright infringement can be sent via postal mail or email to:

Akademyk LLC

Address: 75 State Street, Suite 100. Boston, MA 02109

Email: info@akademyk.com

Only notices under that violate Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. Akademyk cannot take any action with respect to any take down request unless the notice includes all of the information requested.

TERMS AND CONDITIONS OF USE