Terms of use agreement

Welcome to the Study Acer website located at URL: https://studyacer.com/ (the “Site”). The Site is owned and operated by Study Acer, Inc. (“Study Acer”) and this Terms of Use Agreement (the "Terms" or “Agreement”) governs your relationship with the Study Acer website and Study Acer, Inc. By using or visiting the Site, you signify your agreement to these Terms and to Study Acer's Academic Honesty Policy (“SAAHP”), incorporated in this Agreement. If you do not agree to any of these terms, please do not use the Service. Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Study Acer may, in its sole discretion, modify or revise these Terms and its corporate policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Study Acer is an online academic learning assistance and tutoring marketplace where you can get answers to questions you are struggling with and get paid to answer questions on topics you know a lot about. There are three categories of persons (“users”) using the Site: Visitors, who merely view the Site without posting any content; Purchasers (the people asking questions and purchasing answers to questions posted on the Site, called “Query Transactions”); and Contributors, the people answering the questions posed by Purchasers and selling answers to Purchasers (which is the other side of a Query Transaction). Potential Purchasers may simply post a question they want answered on the site. Study Acer will make these questions available to the Contributors. Contributors may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or other online payment or credit card accounts to buy them. Any user or Visitor can also be either a Purchaser or a Contributor or both. Users, visitors, Purchasers, and Contributors will be collectively referred to as “you” or “your” in these Terms.

A. Eligibility

Our Site and services are available to individuals age 13 and over whose account has not been terminated, suspended, or restricted by Study Acer for whatever reason. If you are between the ages of 13 and 18, you must review this Terms of Use Agreement with your parent or guardian over the age of 21 to confirm that you and your parent or guardian understand and agree to abide by it. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Site and your use of the services available on the Site do not violate any applicable law or regulation; (c) you are 13 years of age or older; and (d) you will comply with the rules for online conduct.

Rules Governing Public Contributions and Interactive Features. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to the Site (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:

B. Grant of License to Use Contributions

By making a Contribution to the Site, you grant Study Acer a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Study Acer), fully-paid, royalty-free (meaning that Study Acer is not required to pay you to use your Contribution), sublicensable (meaning that Study Acer can sublicense its rights to, for example, third-party hosted service providers who host the Site), and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.

C. Study Acer Academic Honesty Policy (“SAAHP”)

We are committed to creating and maintaining a culture of learning and integrity. Sometimes this is pretty easy: If a student asks someone to write a paper or take a final exam for them, it's obviously cheating. We explicitly warn against posting such questions, scan for them, and remove any we become aware of. Sometimes it's more difficult: If a student asks for an explanation of a chemistry equation, how do we determine they have both permission and an honest intention to learn? Ultimately, we have put strong measures and language in place to discourage abuse, but it is up to you to act with honor and integrity.

Don't ask people to complete entire assignments or write essays for you. Don't ask people to take quizzes, exams, tests, or final exams for you. Don't post a question unless you have your instructor’s implicit or explicit permission. For instance, don't ask someone to proofread a paper for you if your instructor says this is against his or her rules. Don't post a question without an honest intention to learn from your tutor's help. If you simply turn in a tutor’s help as your own work, you're cheating. If you are found cheating, you will be banned from ever using Study Acer again.

Our Academic Honesty Policy for Tutors and Contributors is simple. We want you to earn lots of money on Study Acer. Remember, though, that you have a duty to teach, not help students cheat. Provide complete tutorials and explanations, not just answers. Your tutorial must include more help and explanations than what students would ordinarily turn in on their own. Never write essays or papers for people. Never complete finals, quizzes, or tests for a student.

If you are found helping other students cheat, you will be banned forever and will forfeit any remaining balance or claim to your tutorials! Good solutions with complete explanations are purchased more often than short solutions with only answers. The solutions that earn the most are the ones that help people learn. Students award the best ratings to tutors who provide good explanations and legitimate tutoring. Short answers receive poor feedback and don't earn much money.

D. Use and Protection of Username and Password

You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Study Acer immediately of any breach of security or unauthorized use of your account. Although Study Acer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Study Acer or others due to such unauthorized use. You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

E. Study Acer’s Intellectual Property Rights

All of the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”) are owned by or licensed to Study Acer and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Study Acer reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that Study Acer provides, unless otherwise specifically authorized by us in a separate written agreement. You agree not to distribute in any medium any part of the Service or the Content without Study Acer's prior written authorization, unless Study Acer makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). In your use of the Service, you will comply with all applicable laws. Study Acer reserves the right to discontinue any aspect of the Service at any time.

F. Your PayPal or Online Payment/Checkout Account

You must have either a PayPal account or another online payment account to buy or sell Contributions on the Site. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, either PayPal or Google Checkout will transfer the money from the Purchaser’s account into either our PayPal or Google Checkout account. We will then transfer the money to your PayPal account upon request; payments may take up to 6 weeks to process. Study Acer is not a financial institution. Study Acer does not insure you for any loss that might occur from your PayPal or Google Checkout accounts and does not pay you interest on your accounts. Study Acer is not responsible for your use of the PayPal or Google Checkout services. You must resolve any disputes directly with PayPal or Google Checkout.

G. Study Acer’s Management of the Site/User Misconduct

Study Acer may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with Study Acer’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law, or any of Study Acer’s policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect Study Acer’s and third parties’ rights and property or to facilitate the proper functioning of the Site. If, in Study Acer’s sole discretion, you engage in fraudulent activities, you understand and agree that Study Acer has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.

H. Study Acer’s Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, STUDY ACER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, OR FOR ANY REASONS. Study Acer will terminate a user's access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer. Study Acer reserves the right to decide whether content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity, or inaccurate representations or answers. Study Acer may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user's account for submitting such material in violation of these Terms.

I. No Guaranteed Access to Contributions Upon Termination

IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. STUDY ACER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.

J. Risk of Harm

There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address, and street address. Despite this prohibition, other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. Study Acer expects that you will use caution and common sense when using the Site.

K. No Responsibility for Contributions Posted on the Site

You understand that when using Study Acer, you will be exposed to content from a variety of sources, and that Study Acer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Study Acer with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Study Acer, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. Study Acer reserves the right to remove Content for any reason and at any time, without notification or warnings of any kind. You should not rely on answers posted on the Site. The answers are only intended to be a tutorial, and they may not accurately or fully answer your question.

L. Links and Search Results

The Site may automatically produce or contain links to third-party sites throughout the Internet (“Third-Party Sites”). Study Acer does not own or operate Third-Party Sites, and Study Acer has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Site does not represent, warrant, or imply that Study Acer endorses any Third-Party Sites or any materials, opinions, goods, or services available on them. Third-party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Study Acer for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. THESE TERMS DO NOT APPLY TO THIRD-PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE BY MEANS OF THE SITE OR A LINK LOCATED ON THE SITE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY, AND ALL OTHER SITE DOCUMENTS, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES, AND PRACTICES OF THESE THIRD-PARTY SITES.

M. Copyright Policy

Study Acer will terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification to copyright@studyacer.com pursuant to the Study Acer Digital Millennium Copyright Act Notice.

You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Study Acer all of the license rights granted herein.

Study Acer does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Study Acer expressly disclaims any and all liability in connection with Content. Study Acer does not permit copyright-infringing activities and infringement of intellectual property rights on the Service, and Study Acer will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Study Acer reserves the right to remove Content without prior notice.

N. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Study Acer's designated Copyright Agent to receive notifications of claimed infringement is copyright@studyacer.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Study Acer at support@StudyAcer.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Study Acer may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Study Acer's sole discretion.

O. Modifications

The Internet and technology are rapidly changing. Accordingly, Study Acer may modify these Terms from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. Study Acer will also put any revised versions of these Terms on the Site. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure that you are informed of any changes.

P. Terms, Termination, and Survival

These Terms shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason. Upon termination of your account for any reason, any pending transactions will be cancelled, and you will no longer be able to retrieve materials contained in the account. If we remove your content from the Site because of an allegation of infringement, you may not engage in any further transactions with respect to that content, and we will not pay you any additional fees for that Content. You further agree to return to us any fees you earned from such Content on the Site. You will remain liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of three years, it will be terminated. Study Acer will not have the obligation to take, transfer, or otherwise port any of your Contributions and/or account information or to store or provide access to your Contributions or account information. If you delete your account, Study Acer RESERVES THE RIGHTS to maintain your Contributions in perpetuity, and Study Acer may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect.

Q. Fees and Taxes

Fees. The fees for use of the site are listed in U.S. dollars. Your account and all transactions are made and displayed in U.S. dollars.
Taxes. If you earn more than $600, you must complete a W9 tax form and submit it to Study Acer. Study Acer will not permit you to withdraw funds in excess of $600 from your account if you do not submit a W9 tax form.
Transaction Fee and Account Review. Purchasers and Contributors may check the status of their accounts on the website. Users of the website acknowledge and agree that Study Acer may collect a transaction fee from each Query Transaction on the Site. Transaction fees are posted on our website as well. You expressly agree that any inquiries or disputes regarding any Transaction Fee must be made within 30 days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of Study Acer regarding such Transaction Fee inquiry is final.

R. Risk of Reversals, Chargebacks, Money Back Guarantee and Claims

Purchasers. Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, Study Acer will: (i) immediately suspend your account and (ii) charge you for the cost of such chargeback plus the applicable fees posted on the website. You agree that we may recoup such fees from you, and you agree to directly pay Study Acer such fees. If you request a chargeback, the credit card issuer, not Study Acer, will determine whether the chargeback is granted. Sellers. If Study Acer is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay Study Acer these fees or (ii) permit Study Acer to debit these fees from future fees you earn on the Site. You must also offer your tutorials with a money back guarantee of which if a purchaser is not satisfied for any reason will be able to seek a guaranteed refund within 21 days of purchase.

S. No Off-Site Transactions

Contributors receive payment from Purchaser's payments via the Site only. Study Acer does not condone or in any way participate or become a party to any off-site transactions between users of the Site.

T. Account Termination/Fees

If you elect to terminate your Account, Study Acer will remove your Contributions from the Site. However, you will not be able to collect fees from any Query Transactions completed after such termination. Study Acer reserves the right to withhold funds from: (a) fraudulent accounts, (b) accounts terminated after they have been dormant for three years, and/or (c) accounts in dispute where no dispute resolution has been sought within six months after termination.

U. No Refunds

You expressly agree and understand that Study Acer will not offer any refunds for Query Transactions whatsoever. You participate in an Inquiry Transaction at your own risk. You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.

V. Legal Disputes Between Users and Resolution of Disputes

Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that Study Acer cannot be liable for any dispute that arises between you and any other user. If a dispute arises between you and Study Acer, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms or your use of the Site’s services (a “Claim”) in accordance with the subsections below.

W. Disclaimer

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, STUDY ACER DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD-PARTY SITES, OR THAT STUDY ACER BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL, OR NONHARMFUL. STUDY ACER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STUDY ACER OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDY ACER AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

STUDY ACER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. STUDY ACER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF STUDY ACER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

X. Limitation of Liability

IN NO EVENT SHALL STUDY ACER OR ANY OF ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, AND OTHER CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, STUDY ACER’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO STUDY ACER IN THE SIX MONTHS, OR $250, WHICHEVER IS GREATER. 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 AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, STUDY ACER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH STUDY ACER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Y. Indemnity

You agree to indemnify and hold Study Acer, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Content, or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH STUDY ACER.

Z. Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between Study Acer and you regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and Study Acer related to the subject matter hereof.
Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, or employer-employee or franchisor-franchisee relationship of any kind between Study Acer and any user.
No Third-Party Beneficiaries. These Terms are between you and Study Acer. There are no third-party beneficiaries to these Terms.
Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Non-Waiver. Study Acer’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Severability. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. You may not assign your rights under these Terms to any third party; Study Acer may assign Study Acer’s rights under these Terms without condition.
U.S. Export Controls. You acknowledge and agree that software you download from the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, or Iran or any other country to which the United States has embargoed goods or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals of the United States Commerce Department’s Table of Deny Orders. By downloading or using any of the software available from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Not a Fiduciary. Users may upload credit card information and make financial transactions using the Site. Study Acer is not a party to those transactions between users and does not take, hold, or disperse money. Rather, Study Acer takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that Study Acer is not a bank, credit card, or financial services agency. Study Acer is not acting as a trustee, fiduciary, or escrow with respect to the transactions made in connection with the Site or its services.

Updated: August 14, 2013