Changes to Terms and Conditions
Information about Us
Our Site is a website operated by Scholar Within, Inc. If you would like information on how to contact us, click Contact Us.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.
Use of Our Site
By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, the following restrictions apply to your use of our Site:
(a) You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
(b) You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site;
(c) You shall not impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.
You may not copy or reproduce the videos, audios, and/or pdfs, nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the videos, audios, or pdfs, or any portion thereof. Any unauthorized use of the videos, audios, and/or pdfs is strictly prohibited and the company reserves the right to not provide videos, audios, and/or pdfs (including updates) to you at any time and to discontinue the ability to access them at any time, without prior or any notice.
User Created Content
We permit you to post or send to us comments, information, ideas, concepts, reviews, homework, or techniques and other material relating to Products and Services (each a “Response”).
(a) Restrictions on Response Content
You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We do not regularly review the Responses posted on our Site; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.
(b) Use of Responses: License Grant
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.
By submitting a response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your responses to be shared in a public forum, do not use the response feature on our site.
Consent to Cross-border Transfers
Linking to and Links from Our Site
Grant of Limited License to Use the Products and Services
Restrictions On Use
You agree to use www.scholarwithin.com, www.summerreading.net, and all websites associated with the Scholar Within, Inc. domain (our “Site”), whether as a guest or as a registered user solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use www.scholarwithin.com, www.summerreading.net, and all websites associated with the Scholar Within, Inc. domain (our “Site”), whether as a guest or as a registered user or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
All websites associated with the Scholar Within, Inc. domain (including www.scholarwithin.com, www.summerreading.net reserve the right to refuse or discontinue service to any user for noncompliance with these Terms and Conditions.
Ordering Products or Services
(a) Restrictions on Purchases of Products and Services
Restrictions on Age of Purchaser
(b) Product Orders for Shipment
When you place an order to purchase Service(s) or Product(s) from our Site, we will send you a confirmation email that will contain details of the Service(s) or Product(s) you have ordered along with any delivery charges.
You must check that the details in the confirmation email are correct as soon as possible and should print out and keep a copy of it for your records.
Your order will represent an offer to us to purchase the relevant Service(s) or Product(s) which will be accepted by us when we dispatch the Service(s) or Product(s) ordered from our headquarters in California, USA, to you.
We will confirm that the Service(s) or Product(s) have been dispatched to you by sending you an e-mail confirmation (a “Shipping Confirmation”). This Shipping Confirmation will be evidence that we dispatched the Service(s) or Product(s)) to you, and that the contract between us (the “Contract”) has been formed. The Contract shall be deemed to include these Terms and Conditions.
The price of any Service(s) or Product(s) will be as quoted on our Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Purchase Confirmation.
Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch and distribution procedures so that, where a Product’s or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching or distributing such Product or Service to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a Purchase Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.
Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa, MasterCard and Discover.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.
Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Products and Services available through our Site and their arrangement on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Teachers, tutors, and educators may contact Scholar Within, Inc. regarding licensing use with their students.
Access is granted to this Site solely for your use of Company services for personal entertainment, information, education and communication with Company. You may download, copy, or print the content of this Site for your personal non-commercial use only. Teachers may contact us regarding licensing use with their students. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property not expressly granted by the Company are reserved. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
Scholar Within, Inc. Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute Scholar Within, Inc. materials, nor may you use it for any commercial purpose.
Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Service/Product you purchased.
(a) Disclaimers of Warranties and Limitations on Liability
The company does not guarantee, represent, or warrant that your use of videos, audios, and pdfs will be uninterrupted or error-free.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, company’s, its affiliates’, agents’, licensors’ and suppliers’ damages in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless the Company, any parent corporation, its affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
Transfer of Rights and Obligations
These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a Contract, or any of our rights or obligations arising under them, at any time.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Notice and Consent to Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
Law and Jurisdiction
Contracts for the purchase of Products and Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the state of California, without regard to conflict of the law’s provisions and shall be subject to the non-exclusive jurisdiction of the courts of California.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.