SCHOLARS APP – TERMS AND CONDITIONS
Last Updated – September 12, 2018
You understand that we reserve the right to change or amend this User Agreement from time to time. If we do, we will notify you of any material changes via the Website or via email. All changes shall be effective upon their posting to the Website. You acknowledge and agree that your continued access and use of the Website following such changes shall be deemed acceptance by you of any new or amended terms to the User Agreement. Scholars App will not be liable for any damages as a result of any of these actions. The term of this User Agreement shall commence upon your registration with Scholars App via the Website and continue until you deregister or are removed as a User or this User Agreement is otherwise terminated by Scholars App for any reason.
Creating an Account
Scholars App abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy. As such, Scholars App will not knowingly collect any personally identifiable information from children under the age of 13, nor will children under the age of 13 be allowed to register with Scholars App via the Website, without the prior consent of such child’s parent or guardian.
In order to access the Website, you’ll need to register, choose an account name, and set a password. When you do so, the information you provide Scholars App must be accurate, complete and up-to-date. Do not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. By registering with Scholars App via the Website, you are representing that you are at least 13 years of age.
You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to firstname.lastname@example.org. User may be held liable for losses incurred by Scholars App or any other user of or visitor to the Website due to someone else using your Scholars App password or account.
Users not use anyone else’s Scholars App password or account at any time without the permission and consent of the holder of that Scholars App password or account. Scholars App cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Limitations of Use and Compliance with Laws
You agree to use the Website, together with any of the text, data, source code, software, photos, images, information, resources, services, products, tools, and other information incorporated in the Website (collectively the “Resources”), only for the purposes permitted by (a) the terms and conditions of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices and guidelines.
Engaging in any activity that disrupts or interferes with the Website or the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited, along with gathering User email addresses through harvesting or automated means. Attempting to copy, duplicate, reproduce, reverse engineer and/or sell the Website or the Resources is also strictly prohibited.
If you are considering providing scholarship funding to other Users, you may review the personal information posted by or relating to such other Users on the Website, but you are not authorized to disclose or otherwise use such information for any purpose other than participating in the funding of/application for a scholarship.
Scholars App provides an online platform for student applicants and scholarship sponsors to connect, allowing applicants to be selected by sponsors as recipients of scholarship funds.
Scholars App will arrange for funds to be handled by PayPal via it’s crowdfunding account services. Scholars App does not directly handle any funds. Pledged funds are released to the applicant’s corresponding school as soon as the applicant is accepted and enrolls at the school. Scholars App is thus not in control of funds and cannot offer it’s own refunds, but in very limited circumstances, in its absolute and sole discretion, may try to assist in the recovery of pledged funds (but makes no guarantees even under such circumstances). Once a sponsor pledges funds, such funds (less our applicable fees) will be deposited in a PayPal account (the “PayPal Account”) created by the Student Applicant (as defined below) and will not be subject to refund unless the applicant does not attend the school for which the scholarship was meant or otherwise fails to qualify as a recipient of such scholarship funds. However, Scholars App does not guarantee that it will be able to recover any sponsor’s funds that have already been diverted to an applicant’s corresponding school. Any fees deducted from pledged funds are not refundable, unless approved by Scholars App in its sole and absolute discretion.
We may provide various communication tools on the Website, such as a blogs, discussion forums, chatrooms and social media services. You understand that we do not pre-screen or monitor the content posted by Users of these various communication tools, and it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any of the communication tools made available on the Website, you agree that you will not upload, post, share, or otherwise distribute any content that:
We have the right, in our sole discretion, to remove any content that we feel does not comply with this User Agreement or for any other reason, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights, trademarks or other intellectual property rights. You hereby consent to the removal of any content we may choose to remove, and you consent to waive any claim against us related to such removal. We are not responsible for any delay or failure in removing any content.
In addition, we reserve the right to release your information to the proper authorities, as a result of a violation of the User Agreement, if such information is subpoenaed.
We do not assume any liability or guarantee the accuracy of any content posted by you or any other third party Users. Any content posted by you using any open communication tools on the Website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the sole property of Scholars App, and as such, gives us exclusive rights to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit.
Links to other Websites
The Website may contain links to other websites. If you access such third-party websites, you do so at your risk— Scholars App does not control or endorse any of the content contained on such sites.
You are solely responsible for your interactions with other Users. We have no obligation to mediate or otherwise resolve disputes between Users and/or any third party.
Consent to Doing Business Electronically
You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or Scholars App by means of email or by posting on the Website or by other means of electronic communication. Considering Scholars App operates principally on the internet, by accessing this Website, you hereby consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under this User Agreement or any other agreement between you and Scholars App.
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Student Applicants on Scholars App are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Student Applicant on Scholars App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Scholars App enabling credit card payment processing services through Stripe, you agree to provide Scholars App accurate and complete information about you and your business, and you authorize Scholars App to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
You agree to defend, indemnify and hold harmless Scholars App and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any breach or violation of any representations, warranties, covenants, obligations or other provisions set forth in this User Agreement or any other agreement, certificate, registration or other document related hereto, your use of the Website or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, including, but not limited to, any failure on your part to provide or update full and complete information in connection with your registration on this Website. We reserve the right, but not the obligation, to take over the exclusive defense and control of any claim for which we are entitled to indemnification under this User Agreement. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.
Limitation of Warranties and Disclaimer
Scholars App disclaims any and all liability for the acts, omission, and conduct of any third parties in connection with or related to your use of the Website and/or any Scholars App services. Users are completely responsible for their use of the website and any linked sites therein. Users sole remedy against Scholars App for dissatisfaction with the site or any content is to stop using the Website or any such content at once. This limitation of relief is a part of the bargain between the parties.THE WEBSITE AND RESOURCES MAY CONTAIN TECHNICAL ERRORS TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. SCHOLARS APP DOES NOT UNDERTAKE THE RESPONSIBILITY TO UPDATE OR AMEND THE WEBSITE OR THE RESOURCES OR TO PROVIDE SUPPORT FOR YOUR USE OF THE WEBSITE OR THE RESOURCES. UNLESS OTHERWISE EXPRESSED, THE WEBSITE AND THE RESOURCES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND SCHOLARS APP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE WEBSITE OR THE RESOURCES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Furthermore, you understand and agree that:
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SCHOLARS APP OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE WEBSITE, THE RESOURCES, OR ANY THIRD-PARTY WEBSITE TO WHICH THIS WEBSITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SCHOLARS APP, ITS AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER SCHOLARS APP NOR ITS AFFILIATES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT SCHOLARS APP AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE. FURTHER, FOR USERS WHO ARE STUDENT APPLICANTS, THE USERS UNDERSTAND THAT SCHOLARS APP MAY DIRECT SCHOLARSHIP APPLICATIONS FOR THE USER TO SCHOLARSHIPS THAT SCHOLARS APP DEEMS APPROPRIATE IN ITS SOLE AND ABSOLUTE DISCRETION, BUT DOES NOT REPRESENT OR WARRANT THAT THE FUNDING SOURCES ARE COMPLETE OR EXHAUSTIVE. IT IS USER’S SOLE RESPONSIBILITY TO IDENTIFY AND APPLY FOR ANY OTHER SCHOLARSHIPS THAT THE USER DEEMS APPROPRIATE, AND TO REQUEST FROM SCHOLARS APP A LIST OF THE SCHOLARSHIPS THAT SCHOLARS APP HAS APPLIED FOR ON BEHALF OF THE USER. USER ALSO UNDERSTANDS THAT APPLICATION TO ANY SCHOLARSHIP THROUGH SCHOLARS APP IN NO WAY GUARANTEES THAT ANY SCHOLARSHIP FUNDS OF AMOUNT OR KIND WILL BE AWARDED.
User Intellectual Property
Scholars App does not own the content you submit to us or otherwise post to the Website (your “User Content”). However, we need certain licenses from you in order to fulfill Scholars App’s objectives through the Website. When you register an account on the Website, you agree to these terms:
Scholars App Intellectual Property
All content and materials made available by Scholars App, including, but not limited to, the Website, Resources text, graphics, website name, code, images, and logos are the intellectual property of Scholars App or the original creator of the material, and are protected by applicable copyright and trademark service mark, trade secrets and other rights and laws. Any inappropriate use, including but not limited to, the reproduction, distribution, display, or transmission of any content on this Website is strictly prohibited, unless specifically authorized in writing by Scholars App.
In addition to this User Agreement, you may enter into other agreements with us that will govern your use of the Website or the Resources. If there is any contradiction or conflict between this User Agreement and another agreement you enter into with us applicable to the Website or the Resources, the other agreement shall take precedence in relation to the specific aspects of the Website or the Resources.
If any part, term, or provision of this User Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if this User Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
Termination of Use
You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Website and the Resources without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of this User Agreement, your right to access or use the Website and the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
You may delete your account with Scholars App at any time. However, any obligations of a User incurred prior to such deletion shall survive the deletion of such User’s account.
Headings and Section References
Headings of the articles and sections in this User Agreement are for reference purposes only and shall not be deemed to have any substantive effect.
This User Agreement shall be construed and governed in accordance with the laws of the State of Hawaii, excluding conflicts of law provisions. Any action relating to this User Agreement shall be brought in the federal or state courts located in the City and County of Honolulu, State of Hawaii. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. YOU FURTHER HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION OR PROCEEDING.
The provisions of this User Agreement shall survive any expiration or termination of this User Agreement or completion of any services hereunder to the extent necessary or appropriate to carry out the the intent of such provisions. Without limiting the generality of the foregoing, any obligations already incurred, and the provisions under the headings“Limitations of Use and Compliance with Laws,” “Consent to Doing Business Electronically,” “Indemnification,” “Privacy,” “Limitation of Warranties and Disclaimer,” “Limitation of Liability,” “User Intellectual Property,” and “Scholars App Intellectual Property,” shall survive any expiration or termination of this User Agreement for any reason with or without cause.
If you have questions regarding this User Agreement or the Website, please contact us by e-mail at email@example.com.