Terms and Conditions
Last Updated: May 27, 2023
Welcome to Scholar’s App. This website, located at www.scholarsapp.com, together with any subdomain thereof (the “Website”) and the Scholar’s App mobile application (the “App”) are owned and operated by Scholars App Inc., a Delaware corporation (“Scholar’s App,” “we,” or “us”). Via its Website and App, Scholar’s App offers a platform that connects students to verified scholarships and helps track the entire financial aid process (together with the Website and App, the “Services”).
These Terms and Conditions (“Terms”) are by and between you and Scholar’s App and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as the school, organization, district, business, or entity on whose behalf you are using the Services (“Organization”). By accessing and using the Services and entering into this Agreement, you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such Organization.
Please read these Terms carefully. By either: (i) accessing or using the Services, or (ii) clicking on the “I Agree,” “Submit,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms and agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.
You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Website or App. You acknowledge and agree that your continued access and use of the Services following such changes shall be deemed acceptance by you of any new or amended terms to these Terms. Scholar’s App will not be liable for any damages as a result of any of these actions.
The Services are offered and available to users who are 13 years of age or older. None of the Services are directed toward children under 13 years of age without the consent of such child's parent or guardian. By accessing or using the Services, you represent and warrant that you are 13 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services. Scholar’s App will not knowingly collect any personal information from or about children under the age of 13, and children under the age of 13 are not allowed to register with Scholar’s App without the consent of such child's parent or guardian. If you believe Scholar’s App has collected information from or about a child under the age of 13, please contact us at the “Contact Us” details below.
Scholar’s App makes no representation that the information or materials on or linked through the Services are appropriate or available for use in locations outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
3. Accessing the Services
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, nontransferable right to access and use the Services, solely and strictly in accordance with these Terms. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.
We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users. We may also limit your access to the Services based upon your User type. Scholar’s App will use commercially reasonable efforts to provide the Services during weekdays and business hours (in Pacific Time in the United States) but does not make any representations or guarantees regarding uptime or availability of the Services.
We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
4. Creating an Account
In order to access the Services, you may be required to create an account with Scholar’s App that may include choosing an account name and setting a password. When you do so, the information you provide Scholar’s App must be accurate, complete and up-to-date. When registering with Scholar’s App, you shall 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 Scholar’s App, 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 account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Scholar’s App using the “Contact Us” details below. You will be held liable for losses incurred by Scholar’s App, or any other user of or visitor of the Services, due to someone else using your Scholar’s App password or account.
You shall not use anyone else’s Scholar’s App password or account at any time without the permission and consent of the holder of that Scholar’s App password or account. Scholar’s App cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. User Types
You are eligible to use the Services solely as one of the following user types (each a “User”):
- Scholarship Provider: A “Provider” user type means an individual, organization, business, charity, government agency, trust, or other corporate, organized, or natural person or entity who funds, awards, and/or distributes, or manages the funding, awarding, and/or distribution of, a scholarship(s) and desires to use the Services in connection with such scholarship funding, awarding, or distribution activities (collectively, “Funding”). Scholar’s App and the Provider may enter into a Master Services Agreement and/or Order Form that sets forth the details of the Services to be provided by Scholar’s App to the Provider (“MSA”). These Terms apply to such MSA and the Services provided there under by Scholar’s App to Provider. In the event of any conflict between these Terms and the terms of the MSA, the terms of the MSA will control, provided that the MSA specifically references the portion of these Terms that the MSA is meant to amend or supersede.
- Counselor: A “Counselor” user type means an individual teacher, counselor, or school administrator who is authorized by the individual’s school and/or school district to use the Services. As a Counselor, you represent and warrant that you are a teacher, counselor, or school administrator with permission and authorization from a school or district to use the Services and that you are authorized such school or district to facilitate the access and use of the Services by students. You agree, upon request by Scholar’s App, to promptly execute and deliver, or cause any third party, including parent or legal guardian, to execute and deliver, any documentation, consents, or other acts as Scholar’s App may deem necessary or desirable to provide the Services and you the licenses granted hereunder
- Student: A “Student” user type means you are a person 13 years of age or older who wants to access and use the Services for your own personal benefit. The license granted herein is limited to your sole use of the Services.
- Parent/Legal Guardian: A “Parent/Legal Guardian” user type means an adult accessing or using the Services on behalf of a potential applicant. You represent and warrant that you are the parent or legal guardian of the child on whose behalf you are accessing or using the Services and that you have the legal and equitable authority to undertake such access or use of the Services. You further represent and warrant that the student on whose behalf you are accessing or using the Services is 13 years of age or older. You are responsible for complying with all of Scholar’s App’s requests made in order to obtain and verify your consent for the collection and processing of any information relating to the student on whose behalf you are accessing or using the Services.
- School/District: A “School/District” user type means a school or district administrator accessing or using the Services for use by a school (i.e., multiple teachers, counselors, or students) or school district (i.e., multiple schools and their teachers, counselors, and students). As a School/District user type, you represent and warrant that you have permission and authorization from the school and/or district to subscribe to the Services and that you are authorized to facilitate the access and use of the Services by teachers, counselors, and students. You agree to, upon request by Scholar’s App, promptly execute and deliver, or cause any third party, including parent or legal guardian, to execute and deliver, any documentation, consents, or other acts as Scholar’s App may deem necessary or desirable to provide the Services and you the licenses granted hereunder.
6. Prohibited Uses and Conduct
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services: (i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for inappropriate personal information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms or published in connection with the Services; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (v) to impersonate or attempt to impersonate Scholar’s App, a Scholar’s App employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Scholar’s App or users of the Services, or expose them to liability.
You agree not to: (i) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, or copying any of the material on the Services; (ii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Services or any Scholar’s App system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, any Scholar’s App accounts, the servers on which the Services is hosted or stored, or any server, computer, or database connected to the Services.
7. Scholarship Listings and Information
The Services allow Users to view and access information about scholarship opportunities that may be available to students (collectively, “Scholarships”). Availability of Scholarships are subject to change without notice. Scholar’s App strives for accuracy, to the extent it controls, processes, or displays the Services, in all Scholarship descriptions and related information contained herein or referenced in the Services. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all Scholarship information listed is accurate, complete, or current, nor do we assume responsibility for these errors. Scholar’s App reserves the right at any time and without notice to update Scholarship information and to correct or remove errors, inaccuracies, or omissions.
Providers are solely responsible for the accuracy of the information of their Scholarships displayed, published, and distributed via the Services. All information provided to Scholar’s App by the Provider shall be complete and up-to-date. Scholar’s App is not liable to Provider, any Student, or any third party in connection with or related to any Scholarship information provided by Provider to Scholar’s App.
8. Applicable Fees
If you are a Provider, your access and use of the Services shall be in accordance with the terms of your MSA with Scholar’s App, including subject to payment of all fees set forth therein.
9. Compliance with Laws
You represent and warrant that your access and use of the Services will comply with all applicable laws, rules, and regulations.
By using the Services, you may have access to the personal information of other Users (e.g., a Provider may receive personal information from a Student applicant).
10. Scholarship Awards
The Services allow Students and Providers to connect in connection with a Provider’s solicitation of applications and distribution of scholarship funds (collectively, “Awards”).
Providers are solely and exclusively responsible for facilitating Awards. Scholar’s App does not handle any Awards or related funds. Scholar’s App does not direct any funds, and is not responsible for, nor capable of providing any “refunds.”
If you are a Student and have a dispute or issue related to an Award, you must contact the applicable Provider. Provider agrees to defend, indemnify and hold harmless Scholar’s 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 or relating to any Award. All other Users hereby acknowledge and agree that all recourse with respect to Awards shall be directed to the applicable Provider. Scholar’s App will use commercially reasonable efforts to promptly notify Providers of any claims or disputes related to an Award that is directed to Scholar’s App.
An Award may be governed by terms specific to the applicable Scholarship and posted on the Scholarship page or included with the Scholarship information. Please review the Scholarship terms carefully; Users agree that any specific Scholarship terms provided by the Provider control the disbursement and receipt of any Awards.
11. User Content
You also acknowledge and agree that Scholar’s App does not control other Users’ acts or omissions, or User Content submissions. We do disclaim all warranties and liabilities for User Content, including how it may be used by other Users. We are not responsible and disclaim all liability for any action taken by any third party with respect to your User Content that you have made public or otherwise available to Users or third parties.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above and that all of your User Content does and will comply with all applicable laws, rules, and regulations, and these Terms.
You also represent and warrant that you have obtained all applicable consents and permissions needed to provide Scholar’s App with any information provided by you, and that you have a lawful basis for providing such information to Scholar’s App, in connection with your use of the Services, including, without limitation, any personal information as defined under applicable law provided to Scholar’s App. You agree to cooperate with Scholar’s App and take such action as reasonably requested by Scholar’s App with respect to any information provided by you to Scholar’s App.
DO NOT UPLOAD OR SUBMIT INFORMATION TO THE SERVICES THAT YOU DO NOT HAVE PERMISSION OR THE RIGHT TO USE. THE UPLOAD OR SUBMISSION TO THE SERVICES OF ANY USER CONTENT THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE INTELLECTUAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY IS A MATERIAL VIOLATION OF THESE TERMS.
You understand and acknowledge that you have full responsibility for your User Content, including its legality, reliability, accuracy, and appropriateness. Scholar’s App is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.
Scholar’s App may, in its sole discretion, deny any application to post or share User Content. The following standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, locate, and international laws and regulations, and must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Contain any alcohol-related or mature content without appropriate age-based restrictions.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that it emanates from or is endorsed by Scholar’s App or any other person or entity, if this is not the case.
- Criticize Scholar’s App, the Services, or any Provider or Scholar’s App operational partner.
Scholar’s App may solicit your feedback regarding your experience accessing or using the Services. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Services, including without limitation any suggestions or recommendations regarding the Services’ features or functionality (“Feedback”) may be used by Scholar’s App without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Scholar’s App all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback. For clarity, Feedback does not include User Content.
13. Data Rights; Student Information.
For the purposes of these Terms, “User Content” does not include any aggregated or statistical technical data related to your access or use of the Services. Such data may be used by Scholar’s App for any lawful business purpose, including to manage and improve the performance of its services, for statistical analysis, and for research, commercial, and development purposes.
You hereby grant to Scholar’s App the non-exclusive, royalty-free right and license to process or modify (i.e., de-identify) any information or data you provide to Scholar’s App in connection with your access and use of the Services, including any personal information, so that such information or data no longer identifies, or could be used to identify, any particular individual (collectively, “De-Identified Data”). As between you and Scholar’s App, Scholar’s App shall be the sole and exclusive owner of De-Identified Data and may use, analyze, modify, compile, or otherwise create derivative works of De-Identified Data without restriction and without any obligation to you for any lawful purpose.
To the extent that you provide, or facilitate the provision, of any information relating to students, including Education Records as defined by the Family Educational and Privacy Rights Act (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”), to Scholar’s App, you represent and warrant that you: (i) have complied, and will comply, with all applicable laws, rules and regulations applicable to you and such information; (ii) have obtained, and will obtain, all rights, consents (including prior consents), and permissions required to provide such information and Education Records to Scholar’s App; and (iii) have provided, and will provide, all notices with respect to such information as required by applicable law. You will ensure that all information held by Scholar’s App pertaining to any students, including any Education Records, is accurate and only provide to Scholar’s App (including in the form of User Content) the information that is necessary for Scholar’s App to receive in order to further the institutional service or function for which you are using Services and your educational purposes.
14. Data Retention and Backups.
User Content, including information from Education Records, will be retained by Scholar’s App only to the extent necessary to fulfill its obligations under these Terms and Scholar’s App may take steps to destroy such data when it determines, in its discretion, that the data is no longer needed for the purposes for which it was disclosed. In any event, Scholar’s App reserves the right to delete and destroy User Content, including but not limited to information from or related to Education Records, six (6) months from the date of the earliest to occur of the following: (i) termination or expiration of these Terms, (ii) your failure to pay fees in accordance with these Terms, or (iii) a User account shows no user activity for a period of six (6) months.
Notwithstanding the foregoing, Scholar’s App may retain copies of data related to your use of the Services, including User Content, to the extent it deems is necessary to comply with applicable laws, resolve disputes, enforce its legal agreements or policies, or verify and validate any requests made by you. You are solely responsible for maintaining a backup or copy of the entire contents of your account(s), including all User Content.
If you are a Counselor or School/District, you acknowledge and agree that it is your sole responsibility to maintain and retain any student information, including Education Records, pursuant to and in accordance with any laws, rules, regulations, policies, or obligations applicable to you and/or your School/District.
You have no right to make any claim against Scholar’s App in connection with the deletion (whether by Scholar’s App or a third party) of any User Content, account information, student information or other data associated with your use of the Services.
15. Functionality and Updates
Scholar’s App reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including availability of a feature, database, or content; provided that, in the case of a Provider, such change, suspension, or discontinuation does not materially affect Scholar's App’s provision of the Services hereunder. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality, unless, in the case of a Provider, such feature or functionality is specifically required as part of your MSA with Scholar’s App.
16. Third-Party Sites and Links
17. User Disputes
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.
18. 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 Scholar’s App by means of email or by posting on the Website or by other means of electronic communication. Considering Scholar’s App operates principally on the internet, by accessing the Services, 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 these Terms or any other agreement between you and Scholar’s App.
You agree to defend, indemnify and hold harmless Scholar’s 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 your breach or violation of any representations, warranties, covenants, obligations or other provisions set forth in these Terms or any other agreement, certificate, registration or other document related hereto, your use of the Services, 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 with the Services.
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 these Terms. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.
20. Limitation of Warranties and Disclaimer
Scholar’s 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 Services. Users are completely responsible for their use of the Services and any linked sites therein. Users’ sole remedy against Scholar’s App for dissatisfaction with the Services or any content is to stop using the Services 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. UNLESS OTHERWISE EXPRESSED, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND SCHOLAR'S 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 SERVICES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
- No information or advice, whether expressed, implied, oral or written, obtained by you from Scholar’s App or its affiliates (and each of their agents or representatives) or through the Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
21. Limitation of Liability
IN NO EVENT WILL SCHOLAR’S APP OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SCHOLAR’S APP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SCHOLAR’S APP’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (i) FEES PAID TO SCHOLAR’S APP BY YOU IN EXCHANGE FOR YOUR USE OF THE SERVICES, OR (ii) ONE-HUNDRED DOLLARS ($100).
NEITHER SCHOLAR'S APP NOR ITS AFFILIATES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
FURTHER, FOR USERS WHO ARE STUDENT APPLICANTS, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT SCHOLAR'S APP MAY DIRECT SCHOLARSHIP APPLICATIONS FOR THE USER TO SCHOLARSHIPS THAT SCHOLAR'S 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 SCHOLAR'S APP A LIST OF THE SCHOLARSHIPS THAT SCHOLAR'S APP HAS FACILITATED THE SUBMISSION OF APPLICATIONS TO ON BEHALF OF THE USER. YOU ALSO UNDERSTAND THAT APPLICATION TO ANY SCHOLARSHIP THROUGH SCHOLAR'S APP IN NO WAY GUARANTEES THAT ANY SCHOLARSHIP FUNDS OF ANY AMOUNT OR KIND WILL BE AWARDED.
22. Scholar’s App Intellectual Property
You acknowledge that, as between you and Scholar’s App, Scholar’s App owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, trademarks, images, and related designs.
Scholar’s App’s names and logos and all related product and service names, design marks and slogans, including SCHOLAR’S APP, are the trademarks or service marks of Scholar’s App. All rights are reserved. You are not authorized to use any Scholar’s App name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Scholar’s App, except that you may advertise Scholar’s App as a resource for students. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on or in the Services are either owned by Scholar’s App, are licensed to it, or are used with permission. Scholar’s App and its licensors, vendors or other service providers retain and reserve all intellectual and proprietary rights to the contents of the Services.
The Services are only for your personal, noncommercial use. All users of the Services are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Scholar’s App or the copyright holder is prohibited. Please use the contact information below if you desire such permission or need more information.
Scholar’s App does not warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Services. Any reliance upon such advice, opinion, statement, or information shall be at the sole risk of the User.
23. Governing Law
These Terms shall be construed and governed in accordance with the laws of the State of Hawaii, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms 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 and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
24. Termination of Use
If you are a Student, Counselor, Parent/Legal Guardian or School/District, you agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Services without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and such activity (including your personal information) may be referred to appropriate law enforcement authorities. Upon suspension or termination of these Terms, your right to access or use the Services 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, in accordance with these Terms.
If you are a Provider, you agree that we may terminate your subscription or use of the Services and these Terms: (i) by providing you sixty (60) days’ notice of non-renewal of your subscription, or (ii) in the event you materially breach these Terms or the terms of your MSA with Scholar’s App, and do not cure such breach within thirty (30) days of Scholar’s App providing you written notice of the same. Notice shall be deemed delivered the date and time it is sent by Scholar’s App to the email address associated with your account.
You may delete your account with Scholar’s App at any time. However, any obligations of a User incurred prior to such deletion shall survive the deletion of such User’s account.
25. Geographic Location
Scholar’s App is based in the United States and our offering of the Services is intended for a U.S. audience and not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Services may result in the transfer of your information to servers located in the United States. If you access the Services from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States or complies with any laws outside of the United States.
26. Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials in accordance with our Copyright Policy, the terms of which is hereby incorporated by reference.
In addition to these Terms, you may enter into other agreements with us that will govern your use of the Services. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Services, the other agreement shall take precedence in relation to the specific aspects of the Services governed by such agreement
If any part, term, or provision of these Terms 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 these Terms did not contain the particular part, term, or provision held to be illegal or invalid.
Headings of the articles and sections in these Terms are for reference purposes only and shall not be deemed to have any substantive effect.
The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
28. Contact Us
If you have questions regarding these Terms or the Services, please contact us by e-mail at firstname.lastname@example.org.