BookRags Q&A and Homework Help Terms and Conditions

Last Modified: [October 11, 2011]

PLEASE READ THESE Q&A AND HOMEWORK HELP TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) AND OUR WEBSITE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR PARTICIPATING. Your access, participation or use is accepted only in accordance with, and expressly conditioned upon, your (and your parent or legal guardian if you are a minor) acceptance of these Terms and Conditions, our website Terms of Use, and our Privacy Policy as evidenced by your electronic acceptance via click and accept and/or some other similar mode/manner or your access, participation or use of these features.  If you do not agree to these Terms and Conditions, our website Terms of Use and Privacy Policy, you may not access, participate or use the Q&A and/or Homework Help (the “Site”). We reserve the right, at our discretion, without notice to you, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for any changes. These Terms and Conditions supercede any other warranties, representations, terms or conditions, unless they are expressly stated in these Terms and Conditions.

1. GENERAL

The Site is a service provided by BookRags, Inc. (“BookRags”), where users can find on-demand information by communicating with fellow users. The Site is a platform for users to ask, answer and discuss questions and ideas about educational topics.

These Terms and Conditions constitute a legal agreement between you and BookRags, Inc., its parent companies, subsidiaries and affiliates, ("BookRags", "we", "us", or "our").   By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, any modifications to the Terms and Conditions, the Site’s Terms of Use and our Privacy Policy, which are incorporated by reference into these Terms and Conditions.  In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Site.  If you do not agree to these Terms and Conditions, you are not permitted to access, browse or use the Site.

2. SITE CONTENT

Unless otherwise noted, all materials, images, illustrations, designs, icons, photographs, video clips, data, information and written and other materials that appear as part of the Site (collectively, the “Content”) constitute copyrighted content, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BookRags, its subsidiaries and/or affiliates and its licensors.  In addition, the Site, as a whole, is protected by copyrights, trademarks and other intellectual property rights owned and controlled by BookRags and its licensors.

The Content and Site, as a whole, are intended solely for personal, noncommercial use by the users of the Site. You may view, use, download and copy the Content for your personal use, only.  However, no right, title or interest is transferred to you as a result of any such activity.  All rights not expressly granted in these Terms and Conditions are reserved by BookRags and its licensors.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.

3.  SUBMISSIONS

All data, information, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BookRags on or through the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “Submissions”) are not confidential or proprietary.  Submissions include, without limitation, any information you may submit in connection with responding to questions and answers submitted by other users of the Site.  By providing Submissions to us, you grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use your Submissions and/or your name, likeness and image in any manner or media now or later known, including, without limitation, the right to sublicense and assign and commercialize your Submissions without any approval, compensation, or notice to you.  In addition, when you submit a Submission, you grant to us and our designees a non-exclusive, non-revocable, perpetual, irrevocable, worldwide, sublicensable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Submission with other Content, create derivative works of and publicly perform your Submission for any purpose in any manner or media now or later known.

You agree that no Submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Submissions submitted by you to the Site will be or contain libelous, defamatory, unlawful, abusive, obscene, indecent, profane, threatening, offensive, objectionable, or harmful material nor will any Submission contain any software viruses, political campaigning, commercial solicitation, any form of spam, or be in violation of any law.  You are and shall remain solely responsible for the content of any Submissions you make.

BookRags shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized government request.  Without limiting the foregoing, BookRags shall have the right to remove any material that BookRags, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.  If we receive notification that a Submission allegedly does not conform to these Terms and Conditions, we may investigate the allegation and determine in our sole discretion whether to remove the Submission, which we reserve the right to do at any time.  For clarity, we do not permit copyright infringing activities on the Site, and reserve the right to terminate access to the Site, and remove all Submissions submitted, by any persons who we deem to be infringers.

BookRags reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of some or all Submissions and/or your ability to access Submissions with or without notice in its sole discretion.  You agree that BookRags shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of any Submissions.  You agree that we do not have any obligation to use or respond to any Submissions.

4. REGISTRATION

Registration may be required to use or access certain portions of the Site and/or submitting Submissions.  Your registration shall not impose any duty on us to provide any particular service or Site access to you.  If you choose to register, your username and password will be your login information.  You must keep your username and password confidential and agree to use your login solely in accordance with these Terms and Conditions.  You must immediately notify us if you learn of or suspect (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password.  In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.

If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us.  You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

5.  NO GUARANTEE OF VALIDITY, ACCURACY OR COMPLETENESS

We do not guarantee the accuracy, validity, completeness or timeliness of any Content or Submissions including, but not limited to, questions, answers, comments or other posted information on the Site. While the Site, Content and Submissions are intended to provide useful information to users, the Site, any Content or Submissions has not necessarily been reviewed or verified by us or qualified professionals or experts.  We make commercially reasonable efforts to provide accurate and reliable information and we reserve the right, in our sole and absolute discretion, to remove any Content, Submissions or terminate any account deemed to be in violation of these Terms and Conditions or applicable law. BookRags has no duty to update or maintain Content or Submissions and your access, participation and use of the Site, any Content or Submissions, products or services, or third-party links is voluntary and your sole responsibility.

All Submissions are provided by individual BookRags community members. You should not rely on any Content, Submissions, products or services until a qualified professional selected by you at your sole expense has completed an independent review of its accuracy. Any opinions expressed on the Site, any Content or Submissions, or any other product or service are the opinions of the individual author or vendor and do not represent or reflect the opinions of BookRags.

By submitting questions, answers or comments to BookRags each user acknowledges that BookRags is not responsible for any responses that he/she receives or does not receive. Each user agrees that BookRags is not liable in any way for any loss, harm, injury or damage resulting from or arising out of his/her submission of the question, answer or comment, or his/her use of or reliance on any response thereto.

6.  COMPANIES AND INDIVIDUALS ASSOCIATED WITH BOOKRAGS

None of the licensors, contributors, sponsors, administrators, employees, affiliates or anyone else connected with BookRags in any way whatsoever is responsible for the reliability or accuracy of the Site, Content, Submissions or content linked to from its pages.

7.  THIRD PARTIES AND OTHER WEBSITES AND SERVICES

You acknowledge that we may provide, or third parties may provide, links to other third party websites, information, resources and services.  Moreover, you acknowledge that third party websites, information, resources and services may contain information and content related to the Site.  Because we have no control over such websites, information, resources and services, you acknowledge and agree that we are not responsible for the availability or accuracy of such third party websites, information, resources and services, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available through such websites, information, resources and services.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, products, services or other materials on or available through any such website, resource or service. 

8.  PROFESSIONAL ADVICE

Information provided by the Site is for your personal informational purposes only and should not be construed as advice. The Site content is not a substitute for consulting a professional. Consult a qualified, licensed provider in your state or country before relying upon any information available through the Site; especially information pertaining to medical, tax, legal and financial matters.

BookRags does not offer Medical Advice

The Site, Content, Submissions, products and services, and all other information is provided for informational purposes only. It is not evaluated or verified by a medical, psychological or psychiatric professional and thus is not intended as a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of a qualified health professional that is licensed in your state or country before starting a new treatment, making any change to an existing treatment or for other questions you may have regarding a medical condition.

BookRags does not offer Financial Advice

The Site, Content, Submissions, products and services, and all other information is provided for informational purposes only. It is not evaluated or verified by a financial professional and thus is not intended as a substitute for financial trading or investing advice. BookRags is not responsible or liable for the accuracy, usefulness or availability of any Site content. The Site content is not appropriate for the purposes of making a decision to carry out a financial transaction (including, but not limited to, information related to investments, trades, taxes, companies, stock quotes, accounting).

BookRags does not offer Legal Advice

The Site, Content, Submissions, products and services, and all other information is provided for informational purposes only. It is not evaluated or verified by legal professionals and this is not intended as a substitute for professional legal advice. Always seek the advice of a qualified attorney licensed in the appropriate jurisdiction before taking any course of action that may affect your legal rights. Legal advice must be tailored to the specific circumstances of each case, so it is not appropriate to use Site content as a substitute for professional legal advice.

9.  DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY

THE SITE (INCLUDING THE Q & A, HOMEWORK HELP) AND ALL CONTENT AVAILABLE AT THE SITE) IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND/OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  BOOKRAGS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. BOOKRAGS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.  ALTHOUGH BOOKRAGS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. NEITHER BOOKRAGS NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE Q & A, HOMEWORK HELP, ANY CONTENT OR SUBMISSIONS PROVIDED ON THE SITE. BOOKRAGS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY SITE USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  IF, DESPITE THE LIMITATIONS ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS OF LIABILITY ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BOOKRAGS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE AND/OR YOUR USE OF THE SITE.

10.  TERMINATION

You may terminate your use of the Site at any time.  BookRags may also terminate your access to the Site at any time with or without notice to you.  Upon any termination of your use of the Site, you must promptly destroy all Content obtained from the Site, as well as copies of such Content.  Sections 1, 2, 3, 5, 6, 7, 8, 9, 10 and 11 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Site.

11.  MISCELLANEOUS

You are solely responsible for abiding by the laws of the country or jurisdiction from where you are viewing and where you intend to use the Site, including the Q & A, Homework Help, Content and Submissions. These Terms and Conditions and your use of the Site shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions.  You agree that any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Spokane, Washington. Each party hereby irrevocably and unconditionally expressly submits to the personal jurisdiction and venue of such courts for the purposes thereof and hereby irrevocably and unconditionally waives (by way of motion, as a defense or otherwise) any and all jurisdictional, venue and convenience objections or defenses that such party may have in such action, suit or proceeding. Each party hereby irrevocably and unconditionally consents to the service of process of any of the aforementioned courts.