Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cram Fighter, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your CramFighter.com Account. If you create a study schedule on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Cram Fighter of any unauthorized uses of your account or any other breaches of security. Cram Fighter will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users. If you create or upload Content, such as, but not limited to, your study schedule or custom study materials to the Site, You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Cram Fighter for inclusion on your Website, you grant Cram Fighter a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, even if you no longer use the Site.
Without limiting any of those representations or warranties, Cram Fighter has the right (though not the obligation) to, in Cram Fighter’s sole discretion (i) refuse or remove any content that, in Cram Fighter’s reasonable opinion, violates any Cram Fighter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cram Fighter’s sole discretion. Cram Fighter will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Paid subscription plans are available on the Website. By selecting a Subscription you agree to pay Cram Fighter the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Subscription and will cover the use of that service until the user cancels the Subscription. Subscription fees are not refundable.
- Automatic Renewal.
Unless you notify Cram Fighter before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Account section of the Site.
- General Terms.
- Responsibility of Website Visitors. Cram Fighter has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cram Fighter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cram Fighter disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CramFighter.com links, and that link to CramFighter.com. Cram Fighter does not have any control over those non-CramFighter websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cram Fighter website or webpage, Cram Fighter does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cram Fighter disclaims any responsibility for any harm resulting from your use of non-Cram Fighter websites and webpages.
- Automated or Manual Scraping of Data Prohibited Cram Fighter has put significant effort to gather the study material on the Site. You are prohibited from collecting the study material, including, but not limited to, book titles, chapter titles, page numbers, chapter subjects, and all other material provided by this site using an automated process or manually. Collecting the study material to provide data for a similar and/or competing site is absolutely prohibited.
- Copyright Infringement and DMCA Policy. As Cram Fighter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CramFighter.com violates your copyright, you are encouraged to notify Cram Fighter. Cram Fighter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cram Fighter will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cram Fighter or others. In the case of such termination, Cram Fighter will have no obligation to provide a refund of any amounts previously paid to Cram Fighter.
- Intellectual Property. This Agreement does not transfer from Cram Fighter to you any Cram Fighter or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cram Fighter. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cram Fighter or third-party trademarks.
- Advertisements. Cram Fighter reserves the right to display advertisements on the Site.
- Affiliate Links. Cram Fighter reserves the right to display affiliate links to products on the Site.
- Changes. Cram Fighter reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cram Fighter may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Cram Fighter may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CramFighter.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Cram Fighter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cram Fighter nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Cram Fighter, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cram Fighter under this agreement during the twelve (12) month period prior to the cause of action. Cram Fighter shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Cram Fighter, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Cram Fighter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cram Fighter, or by the posting by Cram Fighter of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cram Fighter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.