Version 1.0.0 - Effective: October 1, 2015
Thank you for using the AccelaStudy Cloud! This service is provided by Renkara Media Group, Inc. (“Renkara”). These Terms of Service (“Terms”), together with the Privacy Policy, govern your access to and use of Renkara’s AccelaStudy Cloud service (“Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy.
The Service is for users of all ages. By using the Service, you represent and warrant that (a) all information you provide creating your AccelaStudy Cloud account is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Service does not violate any applicable law or regulation.
We expect that the use of the Service by children will only be done with the guidance, supervision, and consent of their parents, guardians, and/or school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.
If you are a school, district, or teacher in the United States and want your students who are under the age of 13 to create AccelaStudy Cloud accounts, you agree that you are responsible for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means you must notify those students’ parents/guardians of the personally identifiable information Renkara will collect and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you agree that you will be responsible for complying with such laws.
Subject to these Terms and our Privacy Policy, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
Renkara allows you to create content, including study sets. Anything that you create or otherwise make available on our Service is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you create with AccelaStudy.
You grant Renkara and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Renkara solely for the purposes of operating, developing, providing, and using the Service. Nothing in these Terms shall restrict other legal rights Renkara may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Renkara, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Renkara and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Renkara.
We are always interested in hearing about ways Renkara can improve the Service. If you choose to submit comments, ideas, or feedback, you agree that Renkara is free to use them without any restriction or compensation to you. By accepting your submission, Renkara does not waive any rights to use similar or related Feedback previously known to Renkara, or developed by its employees, or obtained from sources other than you. Please send your feedback to us at feedback@renkara.com.
We care about the security of our users. While we work to protect the security of your content and account, Renkara cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
Please notify us immediately of any compromise or unauthorized use of your account.
Renkara may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms and the Privacy Policy.
The Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
RENKARA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Renkara takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
You agree to indemnify and hold Renkara, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
To the maximum extent permitted by law, the Service is available “As Is”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENKARA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RENKARA DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENKARA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENKARA, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF RENKARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) RENKARA’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
A. Base of Operation
Our Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
B. Governing Law
The validity of these Terms and the Privacy Policy, the terms or provisions, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas.
C. Jurisdiction
Any proceeding not subject to the Arbitration clause below (Section X, paragraph D) and arising out of or relating to these Terms and the Privacy Policy must be brought in the courts of the State of Texas, Tarrant County, or if it has or can acquire jurisdiction, in the United States District Court for the Northern District of Texas, Fort Worth Division, and each of the parties irrevocably submits to the jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding may be heard and determined in any such court and agrees not to bring any proceeding arising out of or relating to these Terms and the Privacy Policy in any other court.
D. Arbitration
Any controversy or claim between the parties arising out of or relating to these Terms and the Privacy Policy, any provision of it, or any breach or alleged breach of it that cannot be resolved by the parties through negotiation, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and the Privacy Policy by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Any arbitration shall be conducted at facilities maintained by the AAA in Tarrant County, Texas.
Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Renkara will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RENKARA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
E. Attorney Fees
If any legal action is necessary to enforce the terms of these Terms and the Privacy Policy, the prevailing party shall be entitled to reasonable attorney’s fees and costs, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire agreement between the parties.
F. Notifications
Renkara reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. Notifications may be sent to Renkara at support@renkara.com.
G. Changes to Terms
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree to stop using the Service.
H. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Renkara without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
I. Entire Agreement
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Renkara in connection with the Service, shall constitute the entire agreement between you and Renkara concerning the Service.
J. Waivers
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Renkara’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
K. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the other provisions of these Terms shall not be affected by such judgment, and these Terms shall be carried out as near to its original terms and intent as possible.