As of July 17, 2015
Welcome to Shmoop! Welcome to Shmoop! We know...reading the fine print isn't as fun as reading Shmoop's sparkling analysis about "Lucy in the Sky with Diamonds," but please read through these carefully.
Accessing or using the Site or clicking on the checkbox to indicate your agreement to these terms and conditions constitutes acceptance of these terms for you and your child using the Site.
From time to time, Shmoop may update or revise this Agreement without notice to Users. Users should be advised of this and review this Agreement on a regular basis. If Shmoop makes material changes to this Agreement, Shmoop will notify User by posting a notice on the Site or sending an email to the address Shmoop has on file for User. Please ensure this address remains current so User will receive updates. Any changes Shmoop makes will be effective immediately upon making such changes available on the Site or otherwise providing notice thereof. User agrees that continued use of the Site after such changes constitutes User’s acceptance of such changes.
II. Shmoop's Services
Shmoop is an online provider of information, resources, guides, tools, and other related content about academic, social, and cultural topics. Shmoop provides features using and relating to its content, including, but not limited to, Learning Guides, Teaching Guides, Essay Lab, Test Prep, Courses, and Flashcards (collectively, all Shmoop content, resources, guides, products, tools, and features are called "Services").
Shmoop Premium Services are services which Users pay a fee to use, including but not limited to Shmoop's Test Prep content (e.g., SAT Prep, PSAT Prep, AP Exam Prep), mobile device applications, electronic books (or "eBooks"), Teaching Guides, and Courses.
The Shmoop website and all related Shmoop Services are provided by Shmoop University, Inc., a U.S. corporation.
III. User Requirements
To use Shmoop services, User must have an electronic device, an internet connection, and sufficient bandwidth to access and/or download Shmoop content. User is responsible for all costs associated with electronic equipment and internet connectivity. Shmoop is not responsible for any problems, costs, or fees associated with equipment or connectivity.
User understands that the technical processing and transmission of Shmoop Services, including User-generated content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
IV. Responsibilities of Use
User is wholly responsible for the use of Shmoop Services, including but not limited to communications with other Shmoop users. User acknowledges that all use of Shmoop is subject to applicable federal, state, and local laws.
V. Registration and Access to Shmoop Services
Upon registration or creation of a user account and profile as a Shmoop user, User must provide personal information to Shmoop. User affirms that the personal information provided about User is correct, accurate, and true as of the time of registration or creation of the user profile. User will update personal information on the Shmoop website on a regular basis.
User may log-in to a user account via a third-party network, such as Google+. If User does so, User hereby authorizes Shmoop to pre-populate the relevant information fields of User’s account and/or to use such third-party network credentials to log User into the Site.
Certain tools, functions, and privileges of using the Shmoop website, as well as changes to User‘s personal Shmoop profile and account, will require an email address and password. User is responsible for safeguarding both the email address and password. User agrees that Shmoop will not be held responsible, in any event, for misuse or unauthorized use of User‘s email address and password.
- Children’s Online Privacy Protection Act (COPPA)
If you are a child under 13, you may not register an account for the Site without consent and approval from your legal parent or guardian. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, on any child-targeted site or application, or in any instance where Shmoop asks for age and determines you are under the age of 13, Shmoop will ask for a parent or guardian email address in order to obtain parental consent before Shmoop collects any personal information from the child.
If you as the User are a parent or legal guardian of a child under the age of 13, who may access or use the Site, you hereby give your express consent for that child to use the Site, which includes all the features and functionality pertaining to your registration, including social media/community features. You represent and warrant that you will not allow a child under the age of 13 to use the Site if you do not agree to the provisions of this section. You acknowledge that Shmoop may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Shmoop deems necessary to validate your registration information. Shmoop reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT SHMOOP CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY YOU AND SHMOOP IS NOT OBLIGATED TO VERIFY YOUR IDENTIFY OR TO VERIFY THAT A PARENT IDENTIFIED BY YOU DURING REGISTRATION IS YOUR ACTUAL PARENT OR GUARDIAN.
VI. Subscriptions, District Licenses, Trials, Payments, and Cancellations
User may subscribe to access Shmoop’s Premium Services through a subscription (“Subscription”):
The Premium Service permits Users to access all of Shmoop’s premium content and services including Teaching Guides, Courses and Test Prep products. The Premium Service is hereinafter referred to as “Paid Subscriptions”.
User is prohibited from modifying, transmitting, publishing, participating in transfer of sale, creating derivative works, or in any way exploiting any content, resources, or tools included in Shmoop Services, in whole or in part.
If User subscribes to Shmoop Premium Services, User acknowledges and agrees that User may not share his or her username and password with, or transfer his or her subscription to the Premium Service, to another individual or entity.
A User who subscribes must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the User resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription website), and possess the legal right and ability to enter into binding contracts. Furthermore, a User may be an ‘Individual’ or ‘Multi-User’ Subscriber as follows:
- Individual User, refers to an individual that subscribes to Shmoop Premium Services for his or her own individual use only;
- “Authorized End Users”, refers to the constituents of the Multi-User Subscriber. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is email@example.com; examples of generic identifiers include the following: firstname.lastname@example.org or email@example.com.
- District Licenses
School districts may subscribe to access Shmoop’s Premium Services through a district license (“District License”):
The Premium Service permits District License Users to access all of Shmoop’s premium content and services including Teaching Guides, Courses and Test Prep products. Access to Shmoop Services for Users on a District License are subject to the District License administrators’ (“Administrators”) discretion. Users on a District License permit their Administrators to access aggregate data and analytics for Users under their District License.
In addition to this Agreement, District License accounts are governed by the terms of their individual license agreement (“License Agreement”).
From time to time, Shmoop may offer trials of the Premium Service for a specified period without payment (a “Trial”). Shmoop reserves the right, in its absolute discretion, to determine User’s eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, Shmoop will require User to provide payment details to start the Trial. At the end of such Trials, Shmoop may automatically start to charge User for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing User’s payment details in conjunction with the Trial, User agrees to this charge. If User do not want this charge, User must cancel User’s Subscription through User’s Shmoop account’s settings before the end of the Trial.
- Payments, Cancellations
Except as expressly set forth in any other agreement between you and Shmoop, the following terms will govern. If User has a Paid Subscription, User’s payment to Shmoop will automatically renew at the end of the subscription period, unless the Paid Subscription is cancelled by User through User’s subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if User cancels User’s payment and/or terminates before the end of the subscription period, Shmoop will not refund any subscription fees already paid to Shmoop.
Shmoop may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to User. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Shmoop Service after the price change takes effect, User accepts the new price.
Payment Details. Recurring charges are billed monthly in advance on the anniversary of the date User first subscribed. User agrees to provide Shmoop with valid, up-to-date and complete debit/credit card, contact and billing details. User further authorizes Shmoop to bill such debit/credit card on the Bill Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term), as such terms are defined in the Checkout process and Account & Billing Info page. If, for any reason, User’s credit/debit card company refuses to pay the amount billed for the Services, User agrees that Shmoop may, at its option, suspend or terminate User’s subscription to the Services and require User to pay the overdue amount by other means acceptable to Shmoop. Shmoop may charge a fee for reinstatement of suspended or terminated accounts. User agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, User agrees to reimburse Shmoop for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
VII. User Conduct and License to Use Shmoop Services
- User‘s License to Use Shmoop Services
User is prohibited from modifying, transmitting, publishing, participating in transfer of sale, creating derivative works, or in any way exploiting any content, resources, or tools included in Shmoop Services, in whole or in part.
User may access the content provided on the Site for personal use only, unless User obtains express permission in writing from an authorized Shmoop University, Inc. representative, and the copyright owner, to download content provided on the Site for other uses. Thus, except as otherwise expressly permitted under copyright law, User may not copy, redistribute, retransmit, publish or commercially exploit accessed material without express permission in writing of Shmoop and the copyright owner.
In the case of any and all permitted copying, redistribution, or publication of copyrighted material, User may not make any changes to, or delete, any trademark legend, copyright notice, author attribution, or other ownership-related symbol. User acknowledges and agrees that no ownership rights are conferred or acquired by User upon download of content provided on the Site.
The Shmoop website and Shmoop-published materials and products constitute the sole interface through which User may access Shmoop Services. User may not copy, frame or mirror any part of the Site nor access the Services for purposes of monitoring its availability, performance or functionality. User also may not bypass the measures Shmoop may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein. User may not retrieve and store or archive in electronic form, or any other form, any material part of the databases underlying the Shmoop Services.
User may not use Shmoop Services in any manner that could overburden, disable, damage, or otherwise impair the Shmoop Services (e.g., User may not access Services in an automated manner by use of "spiders", "robots" or otherwise), nor may User use Shmoop Services in any manner that could interfere with any other party's use and enjoyment of the Services. User may not attempt to disrupt, degrade, impair, or violate the integrity or security of the Site or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Shmoop internet protocol space. User may not execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Site’s servers or any data not intended for User.
Shmoop strictly prohibits all commercial and/or unauthorized use of Shmoop Services. User acknowledges and agrees that User may not use or resell Shmoop Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
- Sole Discretion of Shmoop to Determine Appropriateness of Use
Shmoop has the sole right and discretion to determine whether User is operating within the terms of this Agreement and other policies, rules, terms, and conditions. Shmoop has a right to limit or terminate any User‘s access to Shmoop or other Shmoop services at Shmoop‘s discretion, for any reason, at any time, and without warning. In addition, Shmoop has a right to refuse service to any individual or entity at Shmoop‘s discretion, for any reason, at any time, and without warning.
- General Practices Regarding Use and Storage
User agrees that Shmoop may store user data in order to provide Services and may establish general practices and limits concerning use of Shmoop Services, including, but not limited to: length of time that discussions, notes (of all types), scores, essays, flashcards, messages, posts, and other uploaded or user-generated content for all Shmoop Services will be retained by Shmoop; maximum number of messages, notes, essays, postings and other Shmoop Services that will be available to User; and the maximum number of times, and duration or length of time, in which Shmoop Services will be available to User.
User agrees that Shmoop has no responsibility or liability for the deletion or failure to store any messages, communications, performance data and user-generated content maintained or transmitted by the Shmoop Services. User acknowledges and accepts that Shmoop retains the right to deactivate or terminate User profiles or accounts at its discretion for reasons including, but not limited to, inactivity or inappropriate activity. User agrees that deactivation or termination of User‘s account includes any or all of the following: (a) removal of access to all or part of the offerings within Shmoop or Shmoop Services; (b) deletion of User‘s password and all related information, files, and content associated with or inside of User‘s account (or any part thereof); and (c) barring of further use of all or part of the Shmoop Services. User further acknowledges and accepts that Shmoop retains the right to modify or alter these practices from time to time.
- User-Generated Content (UGC)
Shmoop allows Users to post messages, comments, flashcards, questions, and discussions, and otherwise make available information generated by the User (collectively, user-generated content or "UGC"). Users may only submit UGC that has been created by User himself or herself, or that User has permission to submit and does not violate copyright, trademark, or any other rights of third parties.
Shmoop is not responsible for, nor does it claim ownership of, any UGC that any User posts to the website through Shmoop Opinions, forums, message boards, blogs, or other features, or for any events resulting from UGC to the Site. However, by submitting UGC to Shmoop Services, User grants, and represents and warrants that User has all rights necessary to grant, to Shmoop, its subsidiaries, affiliates, successors, and assigns an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, sub-licensable (through multiple tiers of sublicensees), and transferable license to use, copy, display, distribute, modify, reproduce, adapt, publish, translate, publicly perform, publicly display and create derivative works of the UGC (in whole or in part) and to incorporate the UGC into other works in any format or medium now or later known. If User believes in good faith that a notice of copyright infringement has been wrongly filed against User, please see Shmoop’s Digital Millennium Copyright Act Notice for Shmoop’s appeal process.
User may NOT upload, post, submit, email, transmit, or otherwise make available UGC that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another‘s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) contains falsehoods or misrepresentations that could damage Shmoop, its affiliates, or any third party;
(iii) harms minors in any way;
(iv) impersonates any person or identity, including, but not limited to, a Shmoop official, discussion leader, moderator, guide, or host; or falsely state or otherwise misrepresent User‘s affiliation with a person or entity, including but not limited to the use of identities or headers which misrepresent the original source;
(v) contains advertisements, solicitations of business, or spam, junk mail, chain letters, pyramid schemes, or other form of solicitation;
(vi) contains any content which infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(vii) contains any information that may be protected under HIPPA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented) or any content that User has no right to make available under any other law or contractual or fiduciary relationship (such as proprietary and confidential information made available or known to User under a nondisclosure agreement or employment relationship);
(viii) spreads or transmits, or could spread or transmit, any worms, viruses or other harmful, disruptive, or destructive files, code, or programs designed to interrupt, destroy, or limit the functionality or usability of any computer software or hardware or telecommunications equipment;
(ix) collects or stores personal information about others or otherwise invade their privacy;
(x) harasses, "stalks", or becomes a nuisance to others;
(xi) intentionally or unintentionally violates any applicable local, state, national, or international law; and/or
Furthermore, User agrees not to use any Shmoop Services (through UGC or any other use or method whatsoever), to engage in any of the behaviors in sections D.(i)—D.(xii) above.
User acknowledges that Shmoop is not responsible for pre-screening UGC, and from time to time, inappropriate content may appear on the Site before Shmoop is able to remove it. User acknowledges that Shmoop has a right (but not an obligation) to pre-screen, refuse, or remove any posts on any subject any time, for any reason, at Shmoop‘s sole discretion and without warning.
User agrees that User must evaluate, and bear all risks associated with, the use of any UGC, including reliance on the accuracy, completeness, or usefulness of such UGC. In this regard, User acknowledges that User may not rely on any UGC created by Shmoop or submitted to Shmoop, including but not limited to, information in Shmoop Opinions, Shmoop Profiles, Shmoop Writing Lab, and all other tools, features, or elements of Shmoop and Shmoop Services. User agrees that following any links or references posted as UGC on the Shmoop website is done at User‘s own risk and that Shmoop is not responsible for other sites which are linked from the Shmoop website.
- User Feedback and Contributions
Shmoop appreciates User feedback on and ideas regarding Shmoop and Shmoop Services. User agrees that any feedback or suggestions, ideas, documents, and/or proposals (collectively, "Contributions") that User submits to Shmoop do not contain confidential information. Furthermore, User acknowledges and agrees that: (i) Shmoop is under no obligation of confidentiality, express or implied, with respect to Contributions; (ii) Shmoop shall be entitled to use or disclose, at Shmoop‘s sole discretion, such Contributions for any purpose, using any method or media worldwide; (iii) Shmoop may have something similar to the Contributions already in development or under consideration; (iv) Contributions immediately become the property of Shmoop without any obligation of Shmoop to User; and (v) User is not entitled to any compensation or reimbursement of any kind from Shmoop under any circumstances.
Shmoop will provide its content to websites and services that will track whether User has plagiarized any Shmoop content. Shmoop takes plagiarism extremely seriously and has a right to terminate use and to take legal action against any User who plagiarizes from the Site. Plagiarism is a serious offense and directly opposes the purpose of Shmoop, which is to assist in educating Users, and to promote a deep, rigorous, and enjoyable learning experience on topics covered by Shmoop. Shmoop content was not created to be a short-cut or opportunity to avoid class assignments, but rather as a supportive companion in the learning process.
- Citing Shmoop
User must cite Shmoop if he or she uses the Site as a source for a paper, class project, publication, or any other use. The proper citation format for citing Shmoop is, by default, the citation convention appropriate for all websites. More detailed information on citing Shmoop can be found here.
- Accessing, Changing and Managing User Information
User can access or change User's personal profile and contact information or delete User's account through User's personal settings page. If User chooses to delete or deactivate User's account, User can no longer retrieve his or her content or reactivate his or her account. Also, User's username may become available for another person to use. However, unless prohibited by applicable law, information or data provided by User prior to deactivating User's account will remain accessible.
VIII. Term, Termination and Modifications to Services
These terms are effective from the date on which User first accesses the Site or submits any user data to Shmoop, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Shmoop may immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Shmoop may also terminate this Agreement immediately if User fails to comply with any provision of this Agreement. Upon termination of this Agreement by either party, User's right to use the Site shall immediately cease. Upon termination or expiration of this Agreement for any reason, Sections I and III-XXIV shall survive.
Shmoop reserves the right, at any time, and for any reason, from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Shmoop Services (or any part thereof) with or without notice. User acknowledges and agrees that Shmoop is not liable to User or any third party for such suspension, modification, or discontinuance. Nothing in this Agreement shall be construed to obligate Shmoop to maintain and support the Site, or any part or portion thereof, during the term.
IX. Advertisers or Third Party Vendors
Shmoop Services or web pages may include advertisements. User‘s correspondence or business dealings with, or participation in the promotions of, advertisers or third party vendors found on or through Shmoop Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between User and such advertiser or third party vendor. User‘s questions, complaints, or claims must be directed to the advertiser or third party vendor. User agrees that Shmoop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of advertisers, third party vendors, or product reviews in Shmoop Services.
X. Links and Co-Branding
Shmoop Services may provide, or third parties may provide, links to other internet websites. In addition, in some cases, co-branded services that are jointly provided by Shmoop and selected companies will contain Shmoop branding, but might not be hosted by Shmoop. Because Shmoop cannot control those sites, User acknowledges and agrees that Shmoop bears no responsibility for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites.
Any individual, party, or entity that links to Shmoop Services must comply with all applicable laws and the following provisions. A site that links to Shmoop Services:
(i) may link to, but not replicate, any of Shmoop‘s content without express written permission from an authorized member of Shmoop;
(ii) should not create a browser or border environment around any of Shmoop‘s content;
(iii) should not imply that Shmoop is endorsing such site or its products or services;
(iv) should not misrepresent its relationship with Shmoop or any Shmoop Service;
(v) should not use any Shmoop trademarks, logos, or trade names without express written permission from an authorized member of Shmoop; and
(vi) should not contain content that is reasonably considered profane, vulgar, lewd, derogatory, libelous, harassing, torturous, threatening, or otherwise unlawful.
XI. Warranty Disclaimer
Users of all Shmoop services, including Shmoop Premium Services, understand that User engages with Shmoop "as-is", without warranties or refunds of any kind, at User‘s own risk. User acknowledges that Shmoop cannot guarantee that the content on the Shmoop Site is free of viruses, trap doors, and other electronic menaces. User understands that Shmoop does not guarantee the validity of any promotional or advertising material on Shmoop. User acknowledges that Shmoop does not guarantee that any material on the Shmoop Site is free of errors, misrepresentations, inaccuracies, or gaps in content, and Shmoop is not responsible for any omissions or inaccuracies. User understands that Shmoop does not guarantee the usefulness or timeliness of its content, services, tools, resources, or user-generated postings. User further understands that content on the Shmoop Site does not necessarily reflect the views of Shmoop University, Inc., and that Shmoop does not necessarily endorse messages from advertisers. User acknowledges and agrees that views and opinions expressed by advertisers are solely those of advertisers, and not necessarily those of Shmoop.
Shmoop expressly disclaims all warranties, express and implied, including but not limited to:
o Warranties that Shmoop products, software, or services, or level of quality of Shmoop‘s products, software, or services, will satisfy User‘s requirements or meet User‘s expectations;
o Warranties on the accuracy, reliability, legality, or completeness of the information within Shmoop or Shmoop Services;
o Warranties of title or warranties of merchantability, fitness for a particular purpose, or non-infringement;
o Warranties that any errors in the service will be corrected;
o Warranties on the timeliness of download;
o Warranties on continuous, uninterrupted, secure, timely, useful, adequate, suitable, or error-free service on Shmoop or any other service of Shmoop University, Inc.; and
o No information, oral or written, given to User by Shmoop University, Inc., shall be construed as a warranty not included here
As a result of the above, User agrees to exercise discretion, caution, and common sense when using Shmoop and Shmoop Services.
User agrees and acknowledges that User should not use Shmoop or Shmoop Services for emergency purposes or to seek or provide diagnosis or treatment of medical, psychological, or other problems or difficulties, or as a substitute for professional psychological, medical, legal, tax, investment, accounting, or other professional advice. User further acknowledges that the entire risk for use of Shmoop Services is borne by User.
XII. Limitation of Liability
In using Shmoop services, User agrees that Shmoop does not, in any event, endorse, and is not liable for, any misconduct, malfeasance, illegal activity, threatening activity, harassing activity, or any other harm against User by other users or third parties, including copyright infringements, arising from the use of Shmoop's Site. None of the licensors, contributors, sponsors, administrators, or anyone else associated with Shmoop or Shmoop Services in any way whatsoever can be responsible for the appearance of any inaccurate information contained in or linked from the Shmoop Services.
Furthermore, User acknowledges and agrees that any damage caused to User‘s computer system as a result of using Shmoop or downloading material from Shmoop is wholly at User‘s own risk and User‘s responsibility.
To the maximum extent permitted by applicable law, in no event will Shmoop, or Shmoop‘s suppliers and licensors, be liable for any indirect, special, incidental, consequential, or punitive damages arising out of the use of, or inability to use or access, Shmoop Services, including, without limitation, work disruptions, incomplete work, damages for loss of goodwill, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Neither Shmoop nor Shmoop‘s suppliers or licensors are responsible for any liability arising out of the Shmoop Services and/or any material linked through the Services. Under no circumstances will Shmoop‘s, or Shmoop‘s suppliers‘ or licensors‘, direct liability arising out of use of the Services exceed the greater of (i) the amount User paid Shmoop for such use or (ii) $10.00. Some jurisdictions do not permit some of the above limitations of liability, and therefore this may not apply to you.
XIII. Copyright and Ownership
Shmoop University, Inc. is the sole owner of Shmoop content presented on the Shmoop website and other Shmoop products, with the exception of: (a) links, documents, or UGC cited as belonging to another source; (b) links, documents, or images that are in the public domain; and (c) any and all other content that is within the public domain. Use of Shmoop content without citation is by default considered to be plagiarism, an offense taken extremely seriously.
XIV. Permission for Use or Distribution of Shmoop Material
Shmoop, Shmoop.com, Shmooptube.com, Shmoop Profiles, Shmoop Essay Lab, Shmoop Opinions, and all other Shmoop names, labels, trademarks, and logos are trademarks of Shmoop University, Inc. (collectively "Shmoop's Marks"). Without Shmoop‘s written prior permission, User agrees not to display, or use in any manner, Shmoop's Marks. Reproduction, copying, distribution, promotion, or marketing with Shmoop materials, content, resources, or tools is strictly forbidden without express written prior permission from Shmoop University, Inc.
The trademarks not owned on behalf of Shmoop and that are displayed within Shmoop Services are the registered or unregistered marks of their respective owners. No rights are granted by Shmoop to use such marks, whether by implication, estoppel, or otherwise.
If User has a dispute with one or more other users of the Site, User agrees to release Shmoop from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, User expressly waive any protections (whether statutory or otherwise), including California Civil Code Section 1542, that would otherwise limit the coverage of this release to include only those claims that User may know or suspect to exist in User's favor at the time of agreeing to this release.
XVII. Notice for California Users
Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
XVIII. Dispute Resolution
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to Shmoop's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if User opts out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and User's use of the Site shall be finally settled by binding arbitration administered by JAMS in accordance with either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Shmoop will pay the additional cost. User agrees not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Shmoop is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
- Class-Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception- Litigation of Small-Claims-Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
- Thirty-Day Right to Opt Out
User has the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of User's decision to opt out to the following address: Shmoop University, Inc., P.O. Box 0935, Los Altos CA 94023- 0935. The notice must be sent within 30 days of registering to use the Site; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Shmoop also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Shmoop may terminate User's use of the Site.
- Time Limitation on Claims
User agrees that any claim User may have arising out of or related to User's relationship with Shmoop and this Agreement must be filed within one year after such claim arose; otherwise, User's claim is permanently barred.
XIX. Governing Law
The governing law in all Shmoop-related adjudications is California state law, without regard to its conflict of law provisions, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to Section XVIII, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in the Northern District of California. User consents to the exclusive jurisdiction of the federal or state courts located in the Northern District of California.
If any provision in this Agreement is held unenforceable or illegal by an adjudicatory body of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without altering its intent, or severed from this Agreement should no modification be possible, and the other provisions of this Agreement shall remain in full force and effect.
XXII. Entire Agreement
User is responsible for compliance with all applicable laws and regulations, including, but not limited to, United States export and import regulations. User may not use the Site if he or she is a resident of a country embargoed by the United States, or is a foreign person or entity blocked or denied by the United States government. No agency, partnership, joint venture, employee- employer, or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by User except with Shmoop's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Shmoop may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Shmoop at firstname.lastname@example.org (in the case of Shmoop) or to the e-mail address User designated on User's account (in User's case). Notice to User shall be deemed given 24 hours after the e-mail is sent.
XXIV. Contact Information
Shmoop University, Inc.
P.O. Box 0935
Los Altos, CA 94023-0935
(855) 5-SHMOOP main
(650) 644-3384 fax