Professionally Focused Degrees for Patient-Focused Nursing Careers

The following sets forth the policies for the collection and use of personally identifiable information (“Information”) by Studydayz.com (together with its affiliated companies, “Studydayz.com”) in connection with its operation of the Web site located at www.Studydayz.com (the “Site”). Studydayz.com takes its obligations regarding privacy very seriously, and it wants to ensure users are fully informed about the Information they are providing to it.

Collection of Information.

In connection with the Site, Studydayz.com may collect Information in the following ways:

• Through registration forms filled out by a user on the Site
• Through Information provided by a user in connection with the purchase of products or services on the Site
• Through the maintenance and analysis of Web server logs
• Via e-mail sent by a user to Studydayz.com
• Through the use by Studydayz.com of third-party databases from which user Information is extracted and combined with Information obtained by Studydayz.com through other means.

Studydayz.com may also connect non-personally identifiable information from users via “cookies” (small text files placed by Studydayz.com on user computers), single-pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technological means. Such non-personally identifiable information may be used to track site trends and enhance the user experience, and may be shared with third parties.

To the extent third parties may place advertising on the Site, such third parties may utilize cookies or other technological means within the advertising to collect and utilize non-personally identifiable information. Studydayz.com is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Site is linked.

Types of Information Collected by Studydayz.com.

The following types of Information about a user are among those that may be collected by Studydayz.com in connection with the Site:

• Name
• Postal address
• E-mail address
• Telephone number
• Cellular telephone number
• Facsimile number
• Age except with any offer of credit
• Gender except with any offer of credit
• Other demographic information (e.g. occupation, income range)
• IP Address
• Referring site
• Other technical information collected by the Site’s servers.

Sharing Personal Information with Third Parties.

We may share, sell or trade your personal information gathered online with third parties. We will share your information in order to provide services and process your requests. We may share your personal information with our corporation affiliates and business united within the same corporation.

By completing the online form you expressly consent to receive text message, autodialed and/or prerecorded calls from us, our marketing partners and the parties listed on the Site. I understand that consenting is not required to make any purchase.

No Collection of Information from Children.

The Site is not intended for users under the age of 18, nor does Studydayz.com knowingly collect or retain Information in connection with the Site from children under the age of 13.

Use of Information.

Studydayz.com may use Information collected in connection with the Site in the following ways:

• To provide requested information, products and services to users
• To improve the user experience with the Site
• In connection with the operation of the Site and Studydayz.com’s internal business
• In connection with other Sites or offline businesses owned or operated by Studydayz.com
• For Users to obtain information and offers for products and services offered by Studydayz.com as well as selected third parties.

In order to do the foregoing, Studydayz.com may provide your Information to trusted third parties, including but not limited to selected third party marketers and vendors as well as third party contractors providing services to Studydayz.com for the operation of the Site and its business, communication services and fulfillment of orders. Email address will only be provided to a select mailing partner for the purpose of sending third-party promotional emails. Studydayz.com will use commercially reasonable efforts to limit use of the Information by such third parties to the specific uses set forth above. Studydayz.com also utilizes electronic and physical security to reduce the risk of improper access to or manipulation of Information during transmission and storage, but cannot guarantee the security or integrity of the Information.

Access to Information.

Users may modify and correct certain Information through a written request sent to Studydayz.com, 24 West Railroad Ave, Tenafly, NJ 07670.

Changes to this Privacy Policy.

Studydayz.com reserves the right to revise and update this Privacy Policy at any time. Any such revisions will be effective on the date of posting to the Site, and will apply to all information collected by Studydayz.com both prior to and following the effective date. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit this page to review the current policies with regard to Information.

Opting Out from Offers from Studydayz.com.

At any time, a user may opt out from receiving future offers from Studydayz.com by following the instructions contained within each marketing communication. Such opting out will not apply to any communications from third parties to whom Studydayz.com may have provided Information regarding the user. Third parties’ use of the Information is subject to such parties’ own privacy policies, for which Studydayz.com shall not be responsible.

Your California Privacy Rights.

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Studydayz.com who are California residents to request certain information regarding Studydayz.com’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: Studydayz.com, 24 West Railroad Ave, Tenafly, NJ 07670. Within thirty days of receiving such a request, Studydayz.com will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Studydayz.com reserves its right not to respond to requests submitted other than to the address specified in this paragraph.

Many browsers including Internet Explorer, Firefox, and Google Chrome contain a “do not track” optional setting. In general, when a “do not track” setting is active, the user’s browser notifies websites that the user does not want the user’s personally identifiable information about an individual consumer’s online activities tracked over time and across different Web sites or online services. Websites are not required to honor a do not track request and as required by amendments to the California Shine the Light law, we are informing you that we do not honor such requests.

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Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We have collected the following categories of personal information from consumers within the last twelve (12) months:

Categories	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Public information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you.
• Indirectly from you. For example, through information we collect from our clients in the course of providing services to them.
• Directly and indirectly from activity on our website.
• From third-parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To improve our website and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
• Third party marketers who we feel you will benefit from their services.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at info@Studydayz.com
• By writing us at: Studydayz.com, 24 West Railroad Ave, Tenafly, NJ 07670

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: Studydayz.com
Email: info@Studydayz.com
Postal Address: Studydayz.com
Attn: Privacy Compliance Officer
24 West Railroad Ave, Tenafly, NJ 07670

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Arbitration Agreement.

Please read this Arbitration Agreement (the “Agreement”) carefully. THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review this agreement: give us a written or electronic signature; tell us orally or electronically that you accept; submit information to us on our website. This Agreement affects your legal rights and remedies and provides that disputes between you and Studydayz.com (the “Company”), must be resolved through binding arbitration rather than in a court.

Resolution Of Claims or Disputes.

Studydayz.com hopes to make you a happy customer and most customer concerns can be resolved quickly and to the customer's satisfaction by email our customer service department. If, however, there is an issue that needs to be resolved, this Agreement describes how both of us will proceed. Any claim or dispute between you and Studydayz.com (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the product or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls.

Limitation of Legal Remedies.

We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

Arbitration Procedures.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Studydayz.com shall be sent to the following address: Studydayz.com, Studydayz.com, 24 West Railroad Ave, Tenafly, NJ 07670. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or Studydayz.com may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New York or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, Studydayz.com will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, Studydayz.com further agrees that any hearings may be held by telephone and that Studydayz.com will not seek attorney’s fees in the event Studydayz.com prevails. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.

Choice of Law.

This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Severability.

If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable

1. INTRODUCTION AND ACCEPTANCE
Studydayz.com, LLC and its subsidiaries and affiliated entities (“Studydayz.com”, “we”, “us and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”), products, or any of our mobile widgets, services or other applications (each, an “App”) – together, our “Services“. Our Services include all websites or other locations on which we place these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, BROWSING, OR USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights. These Terms of Use contain a binding arbitration provision set forth below in Section 14. Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

2. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, logos, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”) are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Studydayz.com or any third party is prohibited and may be prosecuted to the fullest extent of the law. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. ACCESS AND USE
(A) Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our App is limited to the relevant device and/or operating system you are using at the time you purchase or obtain a license to use the App.

(B) Some of our Services require that you have internet or data network access. You are responsible for obtaining all such access, along with the computers, mobile devices and other equipment necessary to use the Services. We do not guarantee that the Services, or any portion, will function on any particular equipment or device. We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. We shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by us will be available and free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

(C) Except where we otherwise authorize in writing, our Services are provided and you may only use our services for your personal, non-commercial use only. You acknowledge that Studydayz.com reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

(D) Furthermore, except as expressly permitted in these Terms of Use, you may not, and you further represent and warrant that you will not:

• remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
• circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
• use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website, App or Service Content for any purpose without our express written permission.;
• collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
• attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
• decompile, reverse engineer, translate, merge, adapt, update, modify, reconfigure, prepare a derivative work of, or disassemble any portion of our software or other Service Content, or our Services;
• use network-monitoring software to determine architecture of or extract usage data from our Services;
• encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below));
• violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
• engage in any conduct that restricts or inhibits any other user from using or enjoying our Services;
• use the Services in a manner other than as expressly permitted by these Terms of Use;
• copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent or distribute the Services, Service Content or any part thereof;
• commit fraud or falsify information in connection with your access or use of the Services;
• work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services; or
• post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines.

(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use. We can, at any time and for any reason, in our sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

(F) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

(G) Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.

We shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services. We recommend that you install appropriate anti-virus or other protective software.

4. USER REGISTRATION
(A) To access or use some features of our Services, you may have to become a registered user. If you are under the age of sixteen, then you are not permitted to register as a user or otherwise submit personal information.

(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your Membership.

5. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, reviews, feedback, content, or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. You understand and acknowledge that certain features of the Services may allow or require User Content that you provide to be made available, including publicly available, to other Services users and that, accordingly, those other users may be able to access and use that User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You represent, warrant, and covenant that you will not submit any User Content that:

• violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
• impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
• encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
• is an advertisement for goods or services or a solicitation of funds;
• includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
• contains a formula, instruction, or advice that could cause harm or injury; or
• is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

(D) By submitting User Content to us, simultaneously with such posting or submission, you automatically hereby grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, assignable, and transferable right and license to use, reproduce, distribute, exploit create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. You understand that, even after removal or deletion, User Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.

(E) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “J. Rancher – Provo, Utah”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users). Studydayz.com shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any User Content provided by you to Company.

(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to, at any time, review, prescreen, edit, refuse to post, remove, redact, otherwise modify, reorganize, recategorize, or disable access to any User Content and archive or otherwise store any User Content. Studydayz.com reserves the right to impose limits on Services features (e.g., the ability to provide User Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms of Use.

6. SERVICE CONTENT & THIRD-PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

(B) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

(C) Our Services may link, or contain links to, or embed certain functionality provided by third parties. We do not operate or control, in any respect, or necessarily endorse the content or service provided by third parties. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or made available through our Services from third parties, or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party, or their services, functionality or content. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

(D) If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with our names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Studydayz.com. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

7. INDEMNIFICATION
You agree to, upon request, defend, indemnify and hold harmless Studydayz.com and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Studydayz.com Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; (v) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party; or (vi) your acts or omissions. Studydayz.com reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Studydayz.com. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. This indemnification section will survive any termination or expiration of these Terms of Use.

8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE BIT SOURCE PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING OUR APP, WEBSITE OR OTHER SOFTWARE) WILL BE CORRECTED. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

9. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE BIT SOURCE PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM GOODS RECEIVED THROUGH OR ADVERTISED WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE BIT SOURCE PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Studydayz.com DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the full extent permitted by law.

10. TERMINATION
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Studydayz.com is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”

11. TEXT MESSAGE AND TELEPHONIC OUTREACH
Enrollment: If you enroll in our text messaging (SMS) program, you will be asked to consent expressly—evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase. These messages may include updates, promotional offers, and other relevant information. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Message frequency may vary. Standard message and data rates may apply.

Opt-Out: You can opt-out of receiving SMS messages at any time by replying “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, OR “QUITE” to any message you receive from us. or just texting “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to the number from which you currently are receiving our text messages.

Compliance: We adhere to all applicable laws and regulations regarding SMS marketing applicable to us, including but not limited to the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. Your information will be used in accordance with our Privacy Policy. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Please note that even if you opt-out from receiving marketing communications, you might still receive administrative communications from us, such as technical updates of our products, order confirmations, notifications about your account activities, and other important notices.

Participation Subject to Change: We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone services terminates or lapses. We reserve the right to modify or discontinue (temporarily or permanently) all or any part of our SMS program, for any or no reason and with or without notice to you.

12. COPYRIGHT POLICY
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent at:

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

13. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules. Any legal proceedings against Studydayz.com that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state or federal courts of Cincinnati, Ohio and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14. DISPUTE RESOLUTION & MANDATORY ARBITRATION
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE.

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

(B) If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Studydayz.com representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If after 60 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

(C) You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of the relationship between the parties, including, without limitation, access to and use of the Services, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Studydayz.com, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief. We each agree that any Dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the claim is filed. All AAA arbitration proceedings will be held in a location reasonably convenient to both parties consistent with the AAA’s Consumer Arbitration Rules. If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the appliable statute of limitations. Notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, the respondent in any Dispute will have the right to depose the claimant. Your Demand shall be sent and delivered to Studydayz.com 700 Highland Rd. Macedonia, OH 44056. The Demand must describe the nature and basis of the claim and the specific relief sought. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such a copy to Studydayz.com via 700 Highland Rd. Macedonia, OH 44056. If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement. Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy.

(D) Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and Studydayz.com and its affiliates and related entities. We are entering this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E) Exceptions to Arbitrate. Either of us may bring qualifying claims in small claims court. Additionally, either party may bring suit in court to enjoin infringement or other misuse of intellectual property or proprietary rights. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration. Further, as set forth below, we each agree that any arbitration will be solely between you and Studydayz.com, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

(F) Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on the Services) with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company will also not be bound by them. The 30-day right to opt out described above shall reset and apply to any changes upon our notice of any changes to you (which may include our notice via updating the language on this page and the date above). Please note, however, that if any opt out pursuant to the 30-day opt out right is prospective and the arbitration agreement shall survive and apply to any claims that arose prior to your opt out.

15. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND Studydayz.com EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, YOU AND Studydayz.com EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

17. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either via notification by email, through our App or posting on our Website, as applicable. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.

18. MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

(C) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

(D) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.