Last Updated: September 2nd, 2021
As used herein, the term “Services” includes the Website and any products and services offered on the Website.
The Services are intended to be a place for your education, political participation, and entertainment. We strive to foster a free, open environment. Of course, we also need some basic rules. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Please note that any future release, update, or other addition to functionality of the Services will also be subject to these Terms.
These Terms may also be updated from time to time. If we update these Terms, your continued use of the Website or other Services constitutes your acceptance of the updated Terms.
1. Contact Us
If you have any questions or concerns about the Services or these Terms, please contact us as provided below:
Except for notices under Section 8 (Copyright Infringement Claims), any notice you are otherwise required to give us under these Terms should also be provided via the contact information above.
2. Your Access to the Services
The Services are intended for individuals eighteen (18) years of age and older. By using the Services, you represent and warrant that you are at least eighteen (18) years of age, and that you are not otherwise prohibited by the laws or regulations in your home jurisdiction from using the Services.
We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services in accordance with these Terms.
We reserve all rights not expressly granted to you by these Terms. Without limiting the foregoing, you acknowledge and agree that we and our licensors maintain all right, title, and interest in and to the Services, including without limitation the Website and all text, images, videos, audio files, trademarks, logos, and other content thereon (collectively, the “Content”). As used herein, the term “Content” also includes content uploaded by American Scholars faculty members (the “Faculty Content”).
Except for the limited license right above, nothing in these Terms shall be construed as granting you any proprietary or license rights in or to the Services or anything contained therein.
For the avoidance of doubt, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise exploit the Services for any commercial purpose;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your Account
To use certain features of our Services, you may be required to create an account (an “Account”) and provide us with a username and password (“Access Credentials”), email address, and other information about yourself.
By providing us with your email address or other contact information, you consent to us contacting you via that information in order to communicate with you about the Services, these Terms, or any other matters related to your relationship with us.
You are solely responsible for the information associated with your Account, including without limitation the security of your Access Credentials, and anything that happens related to your Account. Only you are allowed to use your Account, and your use of another person’s Account is likewise expressly prohibited.
You agree to notify us immediately of any unauthorized use of your Account or any other breach of confidentiality or security.
You further agree you will not license, sell, or transfer your Account without our prior written approval.
You acknowledge and agree that American Scholars is not liable for any harm related to the misuse, theft, or disclosure of Access Credentials, or your authorization to allow another person or entity to access and use the Services using your Access Credentials. You acknowledge and agree that you will be fully responsible and will be held liable for any harm ensuing from the use of your Account in connection with the Services.
You acknowledge and agree that we reserve the right to delete or suspend your Account, at any time, with or without notice to you. We will not be liable to you or to any third party for any such deletion or suspension of your Account.
4. Paid Services
We may require you to make a minimum donation (each, a “Donation”) in order to use the Services. Otherwise, many aspects of the Services may be used for free.
Some additional Services, including without limitation access to Faculty Content, may be available on a subscription or other paid basis (the “Paid Services”).
Any payments in connection with the Paid Services or a Donation will be processed by our third-party payment processors. By purchasing or using the Paid Services, or by submitting a Donation, you agree not only to these Terms but also to the terms of such third-party payment processors.
You agree to pay all costs that you incur in connection with the Paid Services and a Donation, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
You acknowledge and agree that we may change the required minimum Donation or the fees or benefits associated with the Paid Services from time to time in our sole discretion.
5. Other Obligations
You may use the Services only in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Website, and are responsible for the consequences of such communications.
Without limiting the foregoing, you agree you will not:
- collect any personal information of any other user of the Services;
- use spiders, robots, or other automated techniques to catalog, download, store, or otherwise reproduce or distribute data or content available through the Services;
- take any action to interfere with the Services;
- send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including without limitation any spyware;
- send unsolicited emails, including without limitation promotions or advertising of products or services;
- post or transmit any threatening, libelous, defamatory, obscene, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate applicable laws;
- impersonate any person or entity, misrepresent your affiliation with a person or entity, or in any way forge or mask your true identity;
- reverse engineer any aspect of the Services or take any act that might reveal or disclose any source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code;
- engage in any criminal or illegal acts or in any activities that may violate a third party’s privacy or publicity rights; or
- encourage and/or advise any individual to commit any act prohibited by these Terms.
6. User Content, Feedback
The Services may contain Content created or submitted to the Services by individual users of the Services, including without limitation posts and comments in the American Scholars forum, and posts and comments related to Faculty Content (collectively, the “User Content”).
We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of User Content.
By submitting User Content, you acknowledge and agree that you are making such User Content publicly available, and you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display such User Content and any name, username, voice, image, or likeness provided in connection with User Content in all media formats and channels now known or later developed anywhere in the world.
The foregoing license includes the right for us to make User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with American Scholars. You irrevocably waive any claims and assertions of publicity, moral rights or attribution with respect to User Content.
By submitting User Content, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to User Content contained within these Terms. Because you alone are responsible for User Content, you may expose yourself to liability if you post or share User Content without all necessary rights.
Additionally, any ideas, suggestions, and feedback about American Scholars or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
You acknowledge and agree that we are not responsible for User Content submitted by others. We may choose to monitor User Content, including without limitation using human monitors, as well as algorithmic or other software solutions. However, we have no obligation to conduct this monitoring, or otherwise to screen or edit any User Content.
We may, in our sole discretion, edit, delete, remove, or archive User Content at any time and for any reason, including without limitation for violating these Terms, if the User Content otherwise creates or is likely to create liability for us, or if the User Content has sufficiently aged.
7. Third-Party Content
In connection with your use of the Services, you may be able to voluntarily connect to websites or content maintained or operated by third parties (“Third Party Content”). American Scholars does not make any representations or warranties regarding or endorse any Third Party Content or any products, services, or opportunities advertised, offered, or sold in connection with any Third Party Content. Please carefully review all policies and terms applicable to the Third Party Content.
8. Copyright Infringement Claims
If you believe material located on the Website or elsewhere on the Services violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act (“DMCA”) policy outlined herein. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent (“Copyright Agent”). Our designated Copyright Agent to receive notifications of claimed infringement is:
10900 Research Blvd
Ste 160C #1190
Austin, TX 78759
Attn: Copyright Agent
You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material, including all URLs where the allegedly offending material is posted;
- Information reasonably sufficient to permit American Scholars to contact you, such as an address, telephone number, or an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, (a) the information in the notification is accurate, and (b) you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Copyright Agent. DMCA notices and counter-notices are only accepted to address copyright infringement claims and are not the proper method to report other legal claims. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid, and that there are legal sanctions that can apply for certain knowing and material misrepresentations in DMCA notices.
In the case of a user who may infringe the copyrights or other intellectual property rights of American Scholars or others, we may, in our discretion, terminate or deny access to the Services. Please note that it is American Scholars’ policy, in appropriate circumstances, to terminate the Accounts of users who are repeat infringers or are repeatedly charged with copyright infringement.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “American Scholar Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any third-party rights, including without limitation intellectual property rights; or (e) User Content posted by you. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER AMERICAN SCHOLARS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES MAKES ANY REPRESENTATIONS: (A) ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PURPOSE; (B) THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THAT THE SERVICES, OR ANY THIRD-PARTY WEBSITES, WILL MEET YOUR REQUIREMENTS; OR (D) THAT THE SERVICES WILL BE TIMELY OR SECURE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM AMERICAN SCHOLARS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL AMERICAN SCHOLARS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, OR OTHERWISE FOR ANY DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH THE SERVICES; OR (D) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, STATUTE, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AMERICAN SCHOLARS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, AMERICAN SCHOLARS BEARS LIABILITY FOR DAMAGES OR LOSSES IN CONNECTION WITH THESE TERMS, THE LIABILITY WILL BE LIMITED TO THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, TO AMERICAN SCHOLARS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE ALLEGED LIABILITY OR ONE HUNDRED AND FIFTY DOLLARS ($150), WHICHEVER IS GREATER.
ALL DISPUTES BETWEEN YOU AND AMERICAN SCHOLARS, INCLUDING DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, OR YOUR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL, CONFIDENTIAL ARBITRATION BEFORE ONE ARBITRATOR IN AUSTIN, TEXAS. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. YOU AND AMERICAN SCHOLARS HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY DISPUTES HEREUNDER SHALL BE GOVERNED BY TEXAS LAW, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IN ANY ARBITRATION, THE NON-PREVAILING PARTY WILL PAY THE FILING, ADMINISTRATION, SERVICE OR CASE MANAGEMENT FEE, PLUS THE COSTS ASSOCIATED WITH ARBITRATION. UNLESS INCONSISTENT WITH APPLICABLE LAW, EACH PARTY SHALL BEAR THE EXPENSE OF THEIR RESPECTIVE ATTORNEYS’, EXPERTS’ AND WITNESS FEES, REGARDLESS OF WHICH PARTY PREVAILS IN THE ARBITRATION.
13. CLASS ACTION WAIVER
UNLESS RESTRICTED OR PROHIBITED BY LAW AS AGAINST PUBLIC POLICY, ANY ACTION UNDER OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR OTHER SERVICES, WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS. REGARDLESS OF ANYTHING ELSE HEREIN, THE VALIDITY AND EFFECT OF THE CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A COURT.
14. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by American Scholars (“Additional Terms”). Such Additional Terms are incorporated into these Terms by this reference. To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.
Any provisions which by their nature should survive shall in fact survive such termination (whether terminated by you or by us), such provisions to include without limitation Sections 9 (Indemnification), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Arbitration), 13 (Class Action Waiver), and 16 (Miscellaneous).
These Terms contain the complete, full, and exclusive understanding of the parties as to its subject matter. The headings contained in these Terms are for reference only and shall have no effect on the interpretation or application of these Terms.
American Scholars’ failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent American Scholars from enforcing any subsequent breach by you of these Terms.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.