Shea Hawk Solutions, LLC
At Shea Hawk Solutions, LLC (the “Company,” “we,” “us,” or “our”), we strive to provide a great and transparent user experience. The goal of this page is to clarify our expectations of you when you view, use, participate, or interact with the Service via our website located at www.atstudybuddy.com, social media pages, or any other application associated with the Company later developed. This includes social media platforms developed by the Company and mobile applications.
- Intellectual Property
The Company’s intellectual property should not be reproduced, copied, or modified for use other than to fulfill the purpose of our Service, except for with express permission from the Company. You acknowledge and agree that Company and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, images, videos, text, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
For permission to use our trademarks or copyrighted material, please contact Company at email@example.com. Under any circumstances, publication of our material may only be made with expressed written consent and conspicuous credit given to the Company as the source of the materials and including the Company’s trademarks and copyrights. Credit must be given through properly linking the Company to the content shared.
- Notice; Email Insufficient to Company
Due to the number of communications we receive via email from users and other parties, we cannot guarantee that we will read your email if sent to us. Therefore, Communications made through the Service’s email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation, except as provided in this Agreement.
- User Consent to Receive Communications in Electronic Form
- General Disclaimer
You agree to accept responsibility for all actions you take whether or not encouraged, recommended, inspired by, or otherwise attributed to our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
- Professional Disclaimer
It’s important for you to understand what we are and what we are not. None of the Services or its related material(s) should be construed as medical, legal, financial, or other professional advice. We recommend that you contact the appropriate professional for personalized advice.
- Warranty Disclaimer
The Service is provided “as is,” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Service including without limiting any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from you downloading and/or use of files, information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
- Online Content Disclaimer
If opinions, advice, statements, offers, or other information or content is made available through the Service, but not directly by the Company, those statements are that of the respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content, and Users are solely responsible for any acts or omissions taken on the basis of any information received using the Service. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.
- Third-Party Disclaimer
Company may provide you with links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). Company has no control over Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or Third-Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
- No Guarantee of Results
The Service does not guarantee results. Results are based on a variety of conditions.
- Limitation of Damages; Release of Claims
To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, owners or employees, or its licensors or partners, be liable to you for any damage to property, any injury to persons, any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your User Content; (b) your use or inability to use the Service; (c) your decisions based on information provided in the Service; (d) the Service generally or the software or systems that make the Service available; or (e) any other interactions with the Company or any other user of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has 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. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. If you have a dispute with one or more users, a business entity, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Users agree to indemnify and hold harmless the Company, its affiliates, directors, owners, or employees from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your use of the Service, use of data provided by the Service, or your misuse or violation of any of our policies. Additionally, we may assume control of the defense of any third-party claim that is subject to indemnification by you and you agree to cooperate with the Company in pursuing available defenses.
- Copyright Complaints and Copyright Agent
- Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
- DMCA Take-Down Notices If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at firstname.lastname@example.org.
- the date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description 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;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 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; and
- 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.
- Counter-Notices If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature;
- a description of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, with a statement that you consent to the jurisdiction of the U.S. District Court for the District of South Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after the receipt of the counter-notice.
- Security and Assumption of Risk
You assume the risk of using any and all materials, advice, recommendations or other content provided to you by Company or any other manner on the Site. Additionally, if you create an account on the Site, you assume the responsibility of maintaining a secure username and password in order to prevent unauthorized use of your account that might lead to violations of the Terms.
You acknowledge that to perform the Services, the Company may disclose to the other confidential and/or sensitive information. Confidential information may include information disclosed by the Company to the other, which is non-public and either proprietary or confidential in nature and related to the Company’s business or activities including, but not limited to, financial, legal, technical, marketing, sales and business information.
If any term or provision of these Terms are held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
- Governing Law
- Dispute Resolution
If the dispute cannot be resolved through negotiation in an amicable manner, then the dispute must be resolved between the parties through binding arbitration. The binding arbitration will be in place of a lawsuit and will use a neutral arbitrator instead of a judge and/or jury. Through arbitration, the same awards, damages, relief, and other judgment may be granted. The arbitrator has exclusive authority to resolve the dispute in regard to interpretation, applicability, or enforceability of this agreement.
The arbitration proceeding shall be conducted under the applicable rules of the American Arbitration Association in Johnson County, Iowa. If such an organization ceases to exist, the arbitration shall be conducted by its successor, or by a similar arbitration organization, at the time a demand for arbitration is made. The decision of the arbitrator shall be final and binding on both parties. The prevailing party shall be entitled to recover from the other party its or her own expenses for the arbitrator’s fee, attorney’s fees and travel expenses, expert testimony and travel expenses of experts, and for all other expenses of presenting its or her case
Exceptions to the arbitration requirement include: (1) actions in small claims court; (2) enforcement action through federal, state, or local agency; (3) seeking injunctive relief; or (4) filing suit in court to address intellectual property infringement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, BOTH OF US ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.