Terms of Service
Please read the following terms of service and policies carefully. When you use our website you acknowledge that you have read, understood, and agree to be bound by these terms and policies.
We may change these terms from time to time. If you keep using the Site after a change, that means you accept the new terms.
- (a) “Account” refers to the Service plans and features selected by Users through Provider’s customer portal at the time of enrollment and accepted by Provider, as such plans and features may change by mutual consent of the parties, as recorded by Provider through such portal.
- (b) “Materials” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by Provider, another customer of the Service, or any other third party.
- (c) “User Data” refers to data in electronic form input or collected through the Service by or from Users.
- (e) “Service” refers to Provider’s Bursari™ service. The Service includes such features as are set forth on Provider’s website (http://www.Bursari.com, as Provider may change such features from time to time, in its sole discretion).
- (f) “User” means a user of the Services over the Site or other means of communication but does not include schools and other institutions that are parties to a separate agreement Service Agreement with Provider. Schools and institutions that do have a separate Service Agreement with Provider are governed by the terms of the Service Agreement between the parties.
Provider will provide the Service to Users pursuant to its standard policies and procedures then in effect.
3. Materials, Software, & IP.
- (a) Materials. Each User recognizes and agrees that: (i) the Materials are the property of Provider or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) User does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Users’ use of the Service.
- (b) IP in General. Provider retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Users any intellectual property rights in or to the Service or any of its components.
4. Unacceptable Use.
Provider requires that all Users conduct themselves with respect for others. In particular, please observe the following rules in Users’ use of the Service:
- (a) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
- (b) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
- (c) Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
- (d) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
- (e) Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN- Spam Act of 2003.
- (f) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
- (g) Violations of Law: Do not violate any law.
5. Consequences of Violation.
Violations of Section 4 may lead to suspension or termination of the applicable User’s account or legal action. In addition, such User may be required to pay for the costs of investigation and remedial action related to violations. Provider reserves the right to take any other remedial action it sees fit.
6. Reporting Unacceptable Use.
Provider requests that anyone with information about a violation of Section 4 report it via an e-mail to the following address: firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
7. Each Party’s Warranties.
- (a) Users’ Identity. Each User warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law or an individual 18 years or older.
- (b) Right to Do Business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
- (c) Disclaimers. Except for the express warranties specified in this section 7, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Service will perform without error or immaterial interruption.
8. Limitation of Liability.
IN NO EVENT: (a)WILL PROVIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF $5,000; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 8 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 8, Provider’s liability will be limited to the maximum extent permissible.
9. Data Management.
- (a) Access, Use, & Legal Compulsion. Provider may use User Data provided that it is only used in an aggregated and anonymized format to generate reports and improve the Service. Notwithstanding the foregoing, Provider may disclose User Data as required by applicable law or by proper legal or governmental authority. Provider will give Users prompt notice of any such legal or governmental demand and reasonably cooperate with Users in any effort to seek a protective order or otherwise to contest such required disclosure, at Users’ expense.
- (b) Users’ Rights. Users possess and retains all right, title, and interest in and to User Data, and Provider’s use and possession thereof is solely as Users’ agent.
- (c) Injunction. Provider agrees that violation of the provisions of this Section 9 might cause Users irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Users will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
- (a) Notices. You agree that AAC can provide Notices regarding the Service to you through our website or through the Dashboard, or by mailing Notices to the email or physical addresses identified in your AAC Account. Notices may include notifications about your AAC Account, changes to the fees, changes to the Service, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
- (b) Change of terms. We may change this Agreement at any time. These changes will become binding and effective within 24 hours of Notice. Your continued use of the Service upon any change of Agreement is your acceptance of such change. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
- (c) Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
- (d) Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
- (e) Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Florida, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Orange County, Florida.
- (f) Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- (g) Certain Notices. Pursuant to 47 U.S.C. Section 230(d), Provider hereby notifies Users that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
- (i) Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
© American Academic Capital, LLC 2016