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Syllabus2Go Store - Terms of Service
This is an agreement between you and Syllabus Resources, Inc. (with its affiliates, "Syllabus2Go", "we" or "us"). Please read these Syllabus2Go Terms of Service before purchasing or using any aspect of the Service. By using the Syllabus2Go Store, purchasing or using any Syllabus2Go Content, using any Syllabus2Go Application (including third party applications such as Lektio), or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Syllabus2Go Store, any Syllabus2Go Content, any Syllabus2Go Application or the Service.
For the purposes of this Agreement:
"Content Provider" means the party offering Syllabus2Go Content in the Syllabus2Go Store, which may be us or a third party.
"Syllabus2Go Applications" means software we make available, including third-party applications such as Lektio, that permits users to shop for, download, browse, or use the Syllabus2Go Store or Syllabus2Go Content on a Authorized Device.
"Syllabus2Go Content" means digitized content obtained through the Syllabus2Go Store, such as books, newspapers, magazines, and other content.
"Syllabus2Go Store" means our online store in our website, the homepage of which is located at https://www.syllabus2go.com
"Service" means the provision of the Syllabus2Go Store, Syllabus2Go Content, Syllabus2Go Application, and support and other services that we provide Syllabus2Go Store, Syllabus2Go Content, and Syllabus2Go Application users.
"Authorized Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Syllabus2Go Application.
Use of Syllabus2Go Content. Upon your download or access of Syllabus2Go Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Syllabus2Go Content an unlimited number of times, solely through a Syllabus2Go Application or as otherwise permitted as part of the Service, solely on the number of Authorized Devices specified in the Syllabus2Go Store, and solely for your personal, non-commercial use. Syllabus2Go Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Syllabus2Go Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Syllabus2Go Content, such as interactive or highly formatted content, may not be available to you on all Syllabus2Go Applications.
Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Syllabus2Go Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Syllabus2Go Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
Book Returns. All sales at the Syllabus2Go store are final, once you have downloaded and accessed the purchased Syllabus2Go Content, through your Syllabus2Go Application.
Risk of Loss. Risk of loss for Syllabus2Go Content transfers when you download or access the Syllabus2Go Content.
Information Provided To Others. You are responsible for any information you provide to others using the Service. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and Syllabus2Go may immediately revoke your access to the Service without refund of any fees. Syllabus2Go's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Syllabus2Go.com website. Your continued use of the Syllabus2Go Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
Disputes/Binding Arbitration. Any dispute or claim relating in any way to your use of any Syllabus2Go Service, or to any products or services sold or distributed by Syllabus2Go or through Syllabus2Go.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law. By using any Syllabus2Go Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Syllabus2Go.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SYLLABUS2GO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SYLLABUS2GO SERVICES ARE PROVIDED BY SYLLABUS2GO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SYLLABUS2GO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SYLLABUS2GO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SYLLABUS2GO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SYLLABUS2GO SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SYLLABUS2GO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYLLABUS2GO DOES NOT WARRANT THAT THE SYLLABUS2GO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SYLLABUS2GO SERVICES, SYLLABUS2GO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SYLLABUS2GO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYLLABUS2GO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SYLLABUS2GO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SYLLABUS2GO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability (1) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Syllabus2Go Application exceed the amount of fifty dollars ($50.00); and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the Syllabus2Go Application) exceed the amount you actually paid for the Syllabus2Go Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
Contact Information. For help with your Syllabus2Go Application, the Service, the Syllabus2Go Store, Syllabus2Go Content, or resolving other issues, please contact Customer Service by email at firstname.lastname@example.org