Homework Help Services, LLC’s Terms of Service

THIS IS VERY IMPORTANT! PLEASE BE SURE TO READ THIS DOCUMENT WITH CARE, PAY SPECIAL ATTENTION TO THESE TERMS OF SERVICE, BECAUSE THEY GOVERN THE RELATIONSHIP BETWEEN Homework Help Services, LLC AND OUR USERS. YOUR LEGAL RIGHTS AND OBLIGATIONS ARE OUTLINED HEREIN.

Last Updated: April 2022

These Homework Help Services, LLC Terms of Service (“Terms of Service”) apply to the web sites, mobile apps, applications and other interactive features or services that post a link to these Terms of Service (each, a “Service” and collectively, the “Services” or ” Homework Help Services, LLC Websites”). Homework Help Services, LLC, subsidiaries and its affiliates or their licensors, service providers, employees, agents, vendors, officers, or directors are referred to collectively in these Terms of Service as “Homework Help Services, LLC”, “Homework Help Services, LLC Websites”, “paysomeonetodo.com”, “we”, or “our.” “You”, “your”, and “user” refer to any person or entity using the Services.

The rights and obligations outlined within these Terms of Service govern your use of the Services, regardless of how you access them, whether by computer, mobile device, electronic message (e-mail), instant messaging, text-messaging, VOIP, or otherwise; and whether directly through our Services, or through any third-party website that links to them (“Linked Services”) or third-party platform (“API”, “RSS/ATOM Reader”, “Newsletter Subscription”, etc.) you use to connect to and utilize our services, and regardless of whether you are a registered user, client or a guest. By using the Services, you agree to the Terms of Service. If you do not agree to the Terms of Service, you are not authorized to use the Services and you must cease all such use immediately.

BINDING ARBITRATION NOTICE: ALL USERS AGREE TO SETTLE DISPUTES BETWEEN YOU AND HOMEWORK HELP SERVICES, LLC THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS OF SERVICE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW.

Account Registration & Termination

Homework Help Services, LLC provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money. You may only have one Homework Help Services, LLC account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Homework Help Services, LLC immediately if you suspect any unauthorized use of your account or access to your password. Homework Help Services, LLC has the right to terminate your account and block you from future access for any reason at our sole discretion without notice to you. Homework Help Services, LLC has the right to delete accounts from time to time as part of its document retention policy. If your account is deleted in this manner, you will need to re-activate or create a new account.

Age and Residence Requirements; U.S. Jurisdiction

The Services are only available to individuals age 18 and over. You may register for an account regardless of where you live. Our courseware, specialists, and test-bank rentals and sales are only available to residents of the United States. All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Homework Help Services, LLC to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Homework Help Services, LLC operates the majority of its Services in the United States. Homework Help Services, LLC makes no representations or warranties that the Services are appropriate for use or access in any jurisdictions, any services you engage in via our platform and risks associated will be solely borne by you-the user. Anyone using or accessing the Services from whichever jurisdiction does so on their own initiative and is responsible for compliance with United States and local laws and their school’s policies regarding online conduct and acceptable content, if and to the extent such laws or policies are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service, or other feature that we provide.

Proceeds of Crime

By registering, accessing our website, or engaging in transactions over our platform you certify that any funds you transfer for use were gained by you lawfully and not the proceeds of any type of criminal activity. Owing to the large number of clients who utilize our services it would be highly impractical for us to engage in scrutiny of each transaction. Any client found to engage services with the proceeds of crime or suspected proceeds of crime, will be held liable for any and all expenses that arise out of litigation, investigation, or associated legal procedures we will be party to.

Proprietary Rights

The Services are owned and operated by Homework Help Services, LLC. Unless otherwise explicitly specified by Homework Help Services, LLC, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “Homework Help Services, LLC Content”), are owned, controlled, or licensed by Homework Help Services, LLC or Homework Help Services, LLC’s third party partners. Homework Help Services, LLC Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third parties. Any unauthorized use of Homework Help Services, LLC Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties. Aggressive access of our Homework Help Services, LLC Content with the use of bots, scrapers, web-proxies, or other malicious software and protocols are strictly against these Terms of Service and will result in investigation and prosecution to the furthest extent possible. If you are a third-party and believe that material posted by a user to Homework Help Services, LLC’s Website infringes your intellectual property rights, please send us a DMCA Notice through our website and takedown procedure.

Your License to Use Homework Help Services, LLC Content

Subject to your compliance with these Terms of Service, Homework Help Services, LLC grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view the Homework Help Services, LLC Content. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Homework Help Services, LLC Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Homework Help Services, LLC under separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Homework Help Services, LLC’s prior written permission or as expressly provided in these Terms of Service. When you download or use the Homework Help Services, LLC Content as authorized by these Terms of Service, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Homework Help Services, LLC Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Homework Help Services, LLC Content, you may not share that subscription or license with others. Homework Help Services, LLC may impose reasonable limits on your scope of access to Homework Help Services, LLC Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third-party access to or use of that Content.

Social Distribution and Widgets

Homework Help Services, LLC may allow you but only through express written permission to engage in certain personal uses of Homework Help Services, LLC Content that include the ability to share certain Homework Help Services, LLC Content with others (“Social Distribution”). For example, the Services may allow you to send certain Homework Help Services, LLC Content to friends, display Homework Help Services, LLC Content on your personal web site or post Homework Help Services, LLC Content on a third-party web site. You agree that you will not imply that you and Homework Help Services, LLC are affiliated in any way or that Homework Help Services, LLC approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Homework Help Services, LLC Content.

Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Homework Help Services, LLC Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Homework Help Services, LLC Content made available via any Widget.

NOTICE TO THIRD PARTY SITES: Any Homework Help Services, LLC Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Homework Help Services, LLC Content upon notice.

User Content and Activities

When you submit, post, upload, embed, display, share, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, bibliographic and citation information, comment, testimonial, feedback, message, image, video, text, profile data, screen share, program, or other material (“User Content”) to Homework Help Services, LLC, any Homework Help Services, LLC employee or contractor, or a Homework Help Services, LLC Website, you grant Homework Help Services, LLC and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Homework Help Services, LLC, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.

You further agree that Homework Help Services, LLC is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Homework Help Services, LLC to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Homework Help Services, LLC is not required to host, display, or distribute, and may remove at any time, any User Content. Homework Help Services, LLC reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.

You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Homework Help Services, LLC’s request, you will furnish Homework Help Services, LLC any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Service.

Except as otherwise described in the posted Privacy Policy, or other agreement on the Services presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Homework Help Services, LLC is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Homework Help Services, LLC in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Homework Help Services, LLC.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are like those we have developed or are developing independently.

You agree that Homework Help Services, LLC has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Homework Help Services, LLC will not have any obligation to you with regard to User Content and that Homework Help Services, LLC may or may not monitor, display, or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services, or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This “User Content and Activities” section shall survive any expiration or termination of your relationship with Homework Help Services, LLC.

We want you to know the following regarding your Submissions (and or Requests) to specialists/course managers/third-parties:

1. Inherent Risk with Internet Communications. We take reasonable security precautions and use industry standard encryption protocols for the facilitation of our Services. However, sometimes information may be compromised if your computer is unsecured or you use unsecured transmissions or you use the same login credentials across multiple websites/services. We recommend keeping your computer and software updated with the latest security features and using unique passwords for each website or service. Submissions may be read, collected, and used by others to facilitate the Services. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you publicly post or upload to the Service. We will not share your personal identifying information with any third party, except as required by our Privacy Policy and these Terms of Service.
2. You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Services, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that Homework Help Services, LLC shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of ay use of your Submissions as authorized in these Terms. If you choose to violate our Terms of Service when making a submission or a help request, you agree to be held legally liable for any and all damages and liability that may arise whether civil or criminal, in the United States or internationally. Furthermore, you agree to be solely responsible for any and all charges that arise out of associated litigation.
3. As between us and you, you are the owner of your Submissions. Homework Help Services, LLC does not claim any ownership rights in your Submissions. After submitting your Submissions to the Service, you continue to retain all ownership rights in such Submissions, subject to the licenses granted below, and you continue to have the right to use your Submissions in any way you choose.
4. Waiver of Personality Rights. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or any portion thereof, as authorized by these Terms in connection with the Services, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions, or any advertising or publicity relating thereto.

5. You are responsible for any account information during your use of Homework Help Services, LLC’s Services. Should you share or provide any login credentials, including passwords, to Homework Help Services, LLC, then it is your responsibility to change your credentials in order to keep them secure. It is solely your responsibility to comply with any third-party policies that control or operate on any third-party accounts for which you may share login credentials, including passwords, with Homework Help Services, LLC. It is solely your responsibility to comply with any laws or academic policies that may prevent or limit the sharing of your or third-party accounts. Should you share login credentials for a third-party service account with Homework Help Services, LLC, then you represent and warrant that you have the right or license to access such account. 

Acceptable Use Policy

You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload, or otherwise provide User Content via the Services, you agree to comply with the following Acceptable Use Policy. In addition to removing such prohibited materials, Homework Help Services, LLC may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.

Prohibited User Content includes, but is not limited to, material that Homework Help Services, LLC determines:

• is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website; posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated software, videos, or music or links to pirated software, videos, or music files;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from Homework Help Services, LLC such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent;
• violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.

Prohibited activities include, without limitation:

• unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
• covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Homework Help Services, LLC page via HTML/CSS or any other means;
• any automated use of the Services, such as, but not limited to, using scripts or bots to send messages or posts;
• interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
• displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Homework Help Services, LLC, or sending messages with a commercial purpose;
• activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, “Bumping” multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including “fad” or “meme” topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
• using the Services in a manner inconsistent with any applicable law.

Ethics & Integrity

Homework Help Services, LLC is in no way accredited in any form as a degree-granting institution by any accreditation agency in the US, UK (or any other country), nor do we purport to be a degree-granting institution of any kind. Homework Help Services, LLC is not sponsored or endorsed by any college or university (nor do we purport to be). We insist any client, student, guest, or user take the time to understand and to comply with their school’s academic integrity policy. Any user enrolled in a degree or certificate granting institution has a responsibility to take the time to understand what is expected of them. 

Limitations of Liability; Waiver

IN NO EVENT SHALL THE Homework Help Services, LLC PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE Homework Help Services, LLC CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Homework Help Services, LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Homework Help Services, LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE Homework Help Services, LLC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO Homework Help Services, LLC IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE Homework Help Services, LLC PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE Homework Help Services, LLC PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE Homework Help Services, LLC PARTIES, OR FOR THE Homework Help Services, LLC PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH Homework Help Services, LLC.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE Homework Help Services, LLC PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER Homework Help Services, LLC CONTENT OWNED OR CONTROLLED BY THE Homework Help Services, LLC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER Homework Help Services, LLC CONTENT OWNED OR CONTROLLED BY THE Homework Help Services, LLC PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Homework Help Services, LLC Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Service; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Homework Help Services, LLC Parties’ use of your information or User Content as permitted under these Terms of Service, the Privacy Policy, or any other written agreement between you and Homework Help Services, LLC. You will cooperate as fully required by the Homework Help Services, LLC Parties in the defense of any claim. The Homework Help Services, LLC Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Homework Help Services, LLC Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Homework Help Services, LLC.

Credit/Debit Card Processing & Payments

Homework Help Services, LLC may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to Homework Help Services, LLC) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your Homework Help Services, LLC account at all times (either the original card or a replacement). To confirm your card is valid, Homework Help Services, LLC may initiate a “pending” charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days – check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card’s security code (e.g., CVC, CVV, CID). Homework Help Services, LLC will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. Homework Help Services, LLC will store your credit or debit card information and you hereby acknowledge and agree that Homework Help Services, LLC may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension or unreturned, lost, stolen, or damaged books associated with your account under the terms of your book rental and in accordance with the General Policies. For any books or other materials kept beyond the applicable rental term, you agree to be charged the applicable late fees as set out in our General Policies. For any books or other rental materials that are never returned (an item is deemed “never returned” if it has not been returned in the period posted in our General Policies) or that are returned damaged, you agree to be charged for the value of the item(s) as set out in our General Policies. Homework Help Services, LLC reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by Homework Help Services, LLC or a third party on Homework Help Services, LLC’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to Homework Help Services, LLC. For security reasons or to otherwise confirm a financial instrument or payment, Homework Help Services, LLC may delay mailings of books or otherwise delay providing payments or services even if such delay impacts a guaranteed delivery date. All payments unless otherwise stipulated are final. Unless specifically outlined refund policies are stipulated, no payments to Homework Help Services, LLC are refundable.

Third Party Links, Content, and Applications

There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain, or endorse.

Functionality on the Services may also permit interactions between the Services and a third party web site or online feature, including applications that connect the Services or your profile on the Services with a third party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third party website. We do not control any of these third party sites or any of their content. Neither Homework Help Services, LLC nor its service providers are responsible for the practices of any third party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Homework Help, Study Guide and Note Usage

Homework Help Services, LLC’s homework help, study and note services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the help materials. Homework Help Services, LLC does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other users or Specialists. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

Learning Courses

Homework Help Services, LLC may offer third party learning videos and instructional material. We are not responsible for the content of such third party materials, nor the advice provided in such materials. We do not control such materials and, as such, to the fullest extent permitted under applicable law, do not guarantee their reliability, validity, accuracy or truthfulness. Completing such courses may provide you with skills and experience that may help your career prospects, but as noted above, there are a large number of factors tied to your career and completing such courses is no guarantee of improved employability or enhanced career prospects.

Test Prep Services

Homework Help Services, LLC may offer services to help students prepare for a variety of standardized tests. Any test prep courses branded as Homework Help Services, LLC’s and offered through the Homework Help Services, LLC Websites are copyrighted and the property of Homework Help Services, LLC and are for the sole personal non-commercial use of individuals who register with Homework Help Services, LLC and pay for such services, subject to these Terms of Service. Homework Help Services, LLC test prep services are not endorsed nor affiliated with the companies who offer the test itself.

Connectivity Costs and Equipment

You are responsible for all service, internet and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all equipment required for such access and use.

Access to Specialists and Expert Answers

Access to Specialists: The Services may include, at our discretion, use of Specialists (who may be individuals or entities) who teach online courses or provide instructional materials. Emergency questions and crisis situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Service is not the appropriate venue to deal with such questions or situations. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. For example, Instructors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

Expert Answers: Your access to Specialists may include access to individuals or entities who prepare specific answers (“Expert Answers”) to your submitted questions (such individuals and entities may be referred to as “Experts,” which term includes Specialists answering questions regarding academic subjects, as well as other individuals or entities answering questions outside the academic subjects). Specialists choose whether to answer your question at their own discretion.

Legal Disputes

If a dispute arises between you and Homework Help Services, LLC, 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 of Service or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.

General. You and Homework Help Services, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide Homework Help Services, LLC with written notice of your desire to do so by email at [email protected] or regular mail at our offices within thirty (30) days following the date you first agree to these Terms of Service (such notice, an “Arbitration Opt-out Notice”). If you do not provide Homework Help Services, LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and Homework Help Services, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Homework Help Services, LLC otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these Terms of Service. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section of these Terms of Service. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Michigan and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Homework Help Services, LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Homework Help Services, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the Limitation of Liability section of these Terms of Service as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Homework Help Services, LLC will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Homework Help Services, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

This “Legal Disputes” section shall survive any expiration or termination of your relationship with Homework Help Services, LLC.

Changes

If Homework Help Services, LLC changes this Terms of Service, you may reject any such change by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the “Last Updated” date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Homework Help Services, LLC in accordance with the provisions of this document as of the date you first accepted the terms of these Terms of Service (or accepted any subsequent changes to these Terms of Service).