Last Updated: December 1, 2020
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Our terms, conditions, and policies are always professionally prepared, up to date with the latests regulations, and available for your review.
GENERAL
Self Study, LLC. (“Company” or “we” or “us” or “our”) respects the privacy of its users (“User” or “you”) that use our website located at selfstudylab.com, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that the Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the Website.
The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.
From time to time, we may want to contact you with information about announcements, Website updates, and special offers. We also may want to contact you with information about products and services from our business partners. You may opt out of such communications at any time by clicking the “unsubscribe” link found within the Company’s emails and changing your contact preferences. If you have an account on our Website you may continue to receive transactional messages related to our services, even if you unsubscribe from promotional emails.
For EEA users: We only send marketing communications to users located in the EEA with your prior consent. Please see the section “For EEA users” below.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
USERS OF THE WEBSITE GENERALLY
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, the Company gathers from users of the Website Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after leaving the Website, as more fully described herein. Although such information is not Personally-Identifying Information, it may be possible for Company to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company may analyze Non-Personally-Identifying Information gathered from users of the Website to help the Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
USER CONTENT
We also collect User Content. “User Content” is defined as all text, documents, or other content or information uploaded, entered, or otherwise transmitted by you to us in connection with your use of the Website.
AUTOMATICALLY COLLECTED INFORMATION
Certain data about the devices you use to connect with our Website and your use of the Website are automatically logged in our systems, including:
Mobile Device Information. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Website and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.
Usage information. This is information about the Website and how you use it. We may also obtain data from our third-party partners and service providers to analyze how users use our Website. For example, we will know how many users access a specific page on the Website and which links they clicked on. We use this aggregated information to better understand and optimize the Site.
Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using our software.
Web Cookies. Data obtained from cookies are described below and in our Cookie Policy.
WEB COOKIES
Web Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. The Company uses Web Cookies and similar technologies, including tracking pixels and web beacons, to collect usage and analytic data that helps us provide our Website to you, as well as to help deliver ads for relevant products and services to you when you visit certain pages on the Website and then visit certain third-party sites. For more information on cookies and how the Company uses them, please see our Cookie Policy.
WEBSITE USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
WEB BEACONS
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique that the Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
Analytics
We may use third-party vendors, including Google, who use first-party Web Cookies (such as the Google Analytics cookie) and third-party Web Cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads). More information on Web Cookies can be found in our Web Cookie Policy.
AGGREGATED AND NON-PERSONALLY-IDENTIFYING INFORMATION
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
ADDITIONAL TERMS FOR MOBILE DEVICE USERS
GEO-LOCATION INFORMATION.
Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
PUSH NOTIFICATIONS.
We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Mobile Analytics.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.
SOCIAL MEDIA
We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites or applications of these social networks and are not within our control.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
WEBSITE REGISTRATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile or (6) signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by the Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features. BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
COMPANY COMMUNICATIONS
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of such emails at the time of registration or through your account settings, if available, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.
COMPANY DISCLOSURES
Company will disclose Personally-Identifying Information under the following circumstances:
BY LAW OR TO PROTECT RIGHTS.
When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
MARKETING COMMUNICATIONS.
Unless users opt-out from receiving Company marketing materials upon registration, Company may email users about products and services that Company believes may be of interest to them. If you wish to opt-out of receiving marketing materials from Company, you may do so by following the unsubscribe link in the email communications, by going to your account settings (if applicable) or contacting us using the contact information below.
THIRD-PARTY SERVICE PROVIDERS.
We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
BUSINESS TRANSFERS; BANKRUPTCY.
Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
CHANGING PERSONALLY-IDENTIFYING INFORMATION; ACCOUNT TERMINATION
You may at any time review or change your Personally-Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.
GENERAL USE
The Company uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the products and services that you have requested; (2) to manage your account and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content and advertising tailored to your interests on the Website and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Terms of Use; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. However, third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that users provide directly to those third parties, or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Website. Company neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Website, directly through the Website or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.
SECURITY
We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data stored locally in any of our software installed on your computing device requires that you make use of the security features of your device. We recommend that you take the appropriate steps to secure all computing devices that you use in connection with our Website and services.
We are dedicated to protecting all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
PRIVACY POLICY CHANGES
Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Company will always post new versions of the Privacy Policy on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information when changes go into effect.
CHILDREN
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Company using our contact information below to have that child’s account terminated and information deleted.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
FOR EEA USERS
Individuals located in the European Economic Area (EEA) have certain rights in respect to their personal information, including the right to access, correct, or delete Personally-Identifying Information we process through your use of the Website and/or services. If you’re a user based in the EEA, you can:
Request a Personally-Identifying Information report by submitting a support ticket through your user account. This report will include the Personally-Identifying Information we have about you, provided to you in a structured, commonly used, and portable format. You must be signed into your user account to submit this request. Please note that the Company may request additional information from you to verify your identity before we disclose any information.
Have your Personally-Identifying Information corrected or deleted. Some Personally-Identifying Information can be updated by you: You can update your name and email address, as well as language preference, through your user account settings. If you registered for the Website using Google or Facebook, or if you otherwise have problems updating this information, please contact us. You can remove your Personally-Identifying Information from the Website by deleting your user account.
Object to us processing your Personally-Identifying Information. You can ask us to stop using your Personally-Identifying Information, including when we use your Personally-Identifying Information to send you marketing emails. We only send marketing communications to users located in the EEA with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within our emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our services, even if you unsubscribe from marketing emails.
Complain to a regulator. If you are based in the EEA and believe that we have not complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.
DO-NOT-TRACK POLICY
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.
CONTACT US
If you have any questions regarding our Privacy Policy, please contact us at notwithoutdirt@gmail.com
BY USING OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS COOKIE POLICY.
INTRODUCTION TO WEB COOKIES
This Web Cookie Policy (“Cookie Policy”) provides detailed information about why, how, and when we use Web Cookies on our Website, as defined in our Terms of Use and Privacy Policy. Any capitalized terms used in this Cookie Policy but not defined herein, have the meanings set forth in in our Privacy Policy.
WHAT IS A WEB COOKIE?
A Web Cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Website, and/or Services, and will always be used. Web beacons, tags, and scripts may be used in the Website or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.
WHY WE USE WEB COOKIES
The Company and our marketing partners, affiliates, and analytics or service providers use cookies and other technologies to ensure everyone who uses the Website has the best possible experience. For example, when you use our Website, we may place a number of Web Cookies in your browser. We use these cookies to enable us to hold session information as you navigate from page to page within the Website, improve your experience, and track and analyze usage and other statistical information. If you elect not to activate the Web Cookie or to later disable Web Cookies, you may still visit our Website, and use our Services, but your ability to use some features or areas of those offerings may be limited.
HOW TO DISABLE COOKIES
You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. To learn more about how to control cookie settings through your browser:
Click here to learn more about managing cookie settings in Mozilla Firefox;
Click here to learn more about managing cookie settings in Google Chrome;
Click here to learn more about managing cookie settings in Microsoft Internet Explorer;
Click here to learn more about managing cookie settings in Safari;
Click here to learn more about managing cookie settings in Microsoft Edge.
If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.
TYPES OF COOKIES THE COMPANY USES
Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.
Each cookie used by the Company falls within one of the following categories:
ESSENTIAL COOKIES:
Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help remember your preferences as you use our Website.
ANALYTICS COOKIES:
These cookies track information about your visits and usage of the Website so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ Websites or apps” page at www.google.com/policies/privacy/partners/.
To opt out of being tracked by Google Analytics when using our Website, visit http://tools.google.com/dlpage/gaoptout.
FUNCTIONALITY OR PREFERENCE COOKIES:
During your visit to the Website, or while you use our Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Website and/or Services to optimize your use of the Website (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Website, you will not have to set them again.
TARGETING OR ADVERTISING COOKIES
These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Website. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Website and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).
SOCIAL MEDIA COOKIES:
The Website may incorporate certain third-party social media features, such as the Facebook Like button, and third-party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Website. These features may collect your IP address and which page you are visiting on the Website, as well as set a Web Cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third-party company providing it. Here are some examples of third-party social media features that we use, and their privacy policies:
COOKIES SUBJECT TO CHANGE
The content of this Web Cookie Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
UPDATING THIS POLICY
If there are any material changes to this Web Cookie Policy, you will be notified by the posting of a prominent notice on our Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Web Cookie Policy. Your continued use of the Website and/or Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Web Cookie Policy, is to discontinue use of and access to the Website.
CONTACT US
If you have any questions regarding our Web Cookie Policy, please contact us at info@selfstudylab.com.
Last Updated: December 1, 2020.
THESE WEBSITE TERMS & CONDITIONS (“User Terms”, “Terms” or “Agreement”) are a contract between you (“User”, “you” or “your”) and Stranded on Land, LLC (“Stranded on Land” “us”, “we”, or “our”) and govern your access to and use of our website, content, products and/or services made available through StrandedonLand.com (collectively, the “Website”). Please read these User Terms carefully before accessing and using the Website.
BEFORE YOU PROCEED, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES.
PLEASE READ THESE USER TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING STRANDEDONLAND.COM, SUBMITTING CONTENT, CONNECTING WITH OTHER USERS OR PARTICIPATING IN EVENTS COORDINATED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY STRANDED ON LAND. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
Contents
INDEMNIFICATION; HOLD HARMLESS 10
AMENDMENTS TO THESE TERMS AND CONDITIONS 11
DISPUTE RESOLUTION; ARBITRATION AND CLASS ACTION WAIVER 12
ABOUT US
Self Study, LLC. is an online platform that connects people who share a common passion for adventure, sports and travel. Our goal is to inspire and connect our community through original content, partnerships and unique experiences. Through our Website, we provide a portal that enables our Users, as defined below, to share stories, experiences and guides to connect other Users (as further defined herein) (collectively, our “Service[s]”).
TERMS OF USE
Acceptance of User Terms. By accessing and/or using the Website, you accept and agree to be bound by these User Terms, just as if you had agreed to these User Terms in writing. If you do not agree to these User Terms, do not use the Website.
Additional Terms. In addition to these User Terms, when using particular products, Services or features on our Website, you will also be subject to any additional posted guidelines, FAQs, or rules applicable to such product, Service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the User Terms.
USER ACCOUNTS
You may browse our Website without registering for a User Account. However, in some cases, in order to access certain Services, you may be required to register for a User Account. We may ask you, as a User, for personal information when you register for Stranded on Land in order to create an account (“User Account”). The creation of a User Account is subject to certain specific terms and conditions as set forth below.
Opening your Account. We may ask our Users for personal information when you register for a User Account on the Website. Users may have personal accounts which are intended for personal use only. We are relying on your account information to provide certain Services.
Misrepresentation. In the event that you misrepresent information about yourself, your User Account is subject to suspension and cancellation without notice to you.
Account Information; Submission of Content. You, as a User, must ensure that all personal information submitted with regard to your User Account is accurate and current at all times. You may not include in your online identity or User Account anything that could potentially infringe anyone’s rights, is intended to confuse, or which is offensive, defamatory or otherwise inappropriate, as determined by us, in our sole and absolute discretion. We further reserve the right to change information in a User’s profile if we deem it is offensive, in our sole and absolute discretion. Users agree that they are each responsible for everything which is done on or through our Website through or in connection with their User Account, while browsing the Website, while logged on as a User to our Website. Users must ensure that the e-mail address we have on file is kept current and that you have full access to it. By using the Website you expressly consent to electronic communications. Please see our Privacy Policy, which you agree to be bound by when you use our Website, for more information. Please note that all important and legal notifications from us will be sent by electronic communication.
Eligibility Criteria. The availability of all or part of our Website may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Stranded on Land or may terminate your subscription at any time based on these criteria. In order to create a User Account, you must certify that you are at least eighteen (18) years of age.
Subscribing Organizations. If you are using or opening an User Account on behalf of a company, entity, or organization (each a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to this Agreement; and agree to be bound by this Agreement on behalf of such Subscribing Organization.
Account Information. You agree that the information you provide to Stranded on Land at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your User Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may close your account at any time by following the instructions that will be updated from time to time on the Website.
USER CONTENT
Users are encouraged to submit photographs, videos, audio clips, copy and other similar content (“Content” or “User Content”) which may be used by Stranded on Land on its Website, social media platforms, or in any and all marketing material, which Stranded on Land may create in connection with its business operations (collectively, “Media”). Users must submit any Content as specified in the Website. At current, Content may only be submitted through email, via the site submission forms and/or uploading or sharing through Google Drive. By submitting Content through Google, Users expressly agree to be bound by Google’s terms of use. Please see the “Intellectual Property” section of these User Terms for further information regarding the submission of your Content. Content may be used at Stranded on Land’s sole and absolute discretion. Once submitted, Users expressly waive any and all rights of approval as to Stranded on Land’s use of the Content.
By posting, contributing, distributing, communicating or transmitting any Content to Stranded on Land on the Website, or via your User Account, each User expressly grants to us a non-exclusive, royalty-free, irrevocable license, including the right to grant sub-licenses, to use, reproduce, adapt and distribute the Content worldwide through our, Website, Media and any other interactive services through which we make our Website available. For the avoidance of doubt, the license granted under this paragraph will survive any termination of this Agreement or any cancellation, suspension or lapse of the relevant User Account.
We may modify any Content, as we see fit, or to conform it to our Website or the Terms of this Agreement. We may also remove your Content from our Website, at any time, without notice. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Website or Stranded on Land are owned by, or licensed to, us. You may use and access our Website only to the extent required for the use of the Services in accordance with this Agreement, and for the purpose that we make them available. You are expressly prohibited from copying, distributing, showing in public or creating any derivative work from our Website, Media, or any of the Content found thereon, unless properly licensed to do so by us. You also agree not to use any robot, spider, scraper or other automated means to access our Website for any purpose without our prior, express written permission.
Any and all materials (whether digital or printed), including but not limited to text, graphics, music, images, etc. posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with our Website or our Services is treated as User Content, as defined herein. We may treat anything done through an Account, or by means of an e-mail address, phone number or other communications method associated with that Account, as having been done by the User.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. you agree that any user content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such user content and have the power to grant the license granted below. Stranded on Land, LLC reserves the right, but is not obligated, to reject and/or remove any User Content that Stranded on Land believes, in its sole discretion, violates these provisions.
You understand that publishing your User Content on the Website not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
your user content and Stranded on Land’s use thereof as contemplated by this Agreement will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Stranded on Land may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Stranded on Land takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit and informational platform for your online distribution and publication of your User Content. By using the Website, 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, and you agree that Stranded on Land shall not be liable for any damages you allege to incur as a result of your viewing or use of any User Content.
FEEDBACK
If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Service for any purpose.
TERMINATION
You understand and agree that, at any time and without prior notice, Stranded on Land may (1) terminate, and/or suspend your access to the Website, (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Website or your Account and (3) remove and discard any and all of your registration data within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to provide Services or if Stranded on Land believes that you have violated or acted inconsistently with the Terms. Upon any termination, we may immediately deactivate your Account and all related information and/or bar any further access to your Account information and your use of the Website. You agree that we will not be liable to you or any third party for any termination or modification to the Service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Service made by us is to cancel or terminate your Account. You agree that any termination of your right to use the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related data and files related to your Account and/or bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Website. All provisions of these Terms should survive termination of your right to use the Website (including, without limitation, all limitations on liability, releases, indemnification of obligations, disclaimers of warranties, and intellectual property protections and licenses).
Infringing or Fraudulent Activity. Stranded on Land does not permit copyright or trademark infringing activities and reserves the right to terminate access to the Website and remove all Content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Stranded on Land, may have at law or in equity.
PRIVACY
All information provided by you or collected by Stranded on Land in connection with the Website is governed by Stranded on Land’s Privacy Policy, which is hereby incorporated by reference into these Terms. In particular, we may use information received or collected regarding Users in accordance with the terms of the Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to Users. You should take care to protect private information or information that is important to you. Stranded on Land shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Website, this information may become public. Stranded on Land does not control and shall not be responsible for the acts of you or any other Users.
PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website or Service in our discretion. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
Using any information obtained from the Website or Service in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent;
Interfering with, disrupting or creating an undue burden on the Website or Service or the networks or services connected to the Website or Service;
Attempting to impersonate another User or person or using the User I.D. or Account of another User;
Misrepresenting eligibility to use the Website or Service or to receive any of its benefits;
Using any information obtained from the Website or Service in order to harass, abuse or harm another person;
Using the Website or Service in a manner inconsistent with any and all applicable laws and regulations;
Using or otherwise accessing the Website or Service for any reason other than a good faith interest in using the Website or Service;
Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website;
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website;
Removing any copyright trademark or other proprietary rights notices contained in the Website;
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website;
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in anyway reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures;
Harvesting or collect information about any Users without their express consent;
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website or Service;
Modifying, translating, or creating derivative works based on the Website or Service; or
Removing any proprietary notices or labels on the Website.
INTELLECTUAL PROPERTY
By submitting Content to us, you are agreeing: (i) that Stranded on Land may use the Content you’ve submitted, and that you grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content; (ii) that you grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content; (iii) that your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to use such material (and to grant Stranded on Land all the license rights outlined here); (iv) that any royalties or licensing on your Content are your responsibility, and that you will pay all royalties and other amounts owed to any person or entity based on your Content, or on Stranded on Land’s hosting of that Content; (v) that if Stranded on Land or its Users exploit or make use of your submission in the ways contemplated in this agreement, you promise that such use will not constitute an infringement or violation of the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; (vi) that you are responsible for your Content, as all information submitted to the Website, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated; and (vii) that we are not responsible for mistakes, inaccuracies, errors or omissions in your Content or the content therein.
Stranded on Land’s services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. You also agree not to change, translate, or otherwise create derivative works.
Stranded on Land grants you a license to reproduce content from the Website for personal use only. This license covers both Stranded on Land’s own protected content and User-generated Content on the Website. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Stranded on Land or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit such content for commercial use, in any way.
Stranded on Land complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice. Users understand that when using the Website, you may be exposed to User Content from a variety of sources and that Stranded on Land does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST STRANDED ON LAND WITH RESPECT THERETO.
DISCLAIMER
IF YOU CHOOSE TO USE THE WEBSITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STRANDED ON LAND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY PERSON, INCLUDING, BUT NOT LIMITED TO, USERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION, AS SET FORTH IN THESE TERMS. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS“, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. STRANDED ON LAND MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ADVENTURES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
STRANDED ON LAND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT POSTED OR THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STRANDED ON LAND OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OTHER USER. STRANDED ON LAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, OR ANY OTHER PERSONS ASSOCIATED THEREWITH, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, PARTICULARLY, IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY STRANDED ON LAND OR ANY OTHER USER.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, YOUR INTERACTIONS VIA THE WEBSITE, YOUR PARTICIPATION IN ANY EVENTS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF STRANDED ON LAND, WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER STRANDED ON LAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, WEBSITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRANDED ON LAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL STRANDED ON LAND AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR YOUR PARTICIPATION IN THE SERVICES.
INDEMNIFICATION; HOLD HARMLESS
To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold Stranded on Land and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or Service; (b) your violation of these Terms, any representation, warranty, or covenant referenced in these Terms, or any applicable law or regulation; (c) your Content; (d) your interaction with any User; (e) the use or offer of a Service, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Service; (f) your participation in the Service; (g) any allegation that you have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (h) your negligent or willful misconduct, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising therefrom.
AMENDMENTS TO THESE TERMS AND CONDITIONS
We reserve the right to change these Terms from time to time, and post the new version on our Website. The new version of these Terms will take effect on (a) the date falling five (5) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of these Terms which is capable of adversely affecting you, or (b) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (i) changing the name of or the web address (www.StrandedonLand.com) that you use to access our Website, or (ii) the refinement of provisions that are already included or referred to in these Terms. In either case, if you do not wish to be governed by the new version of these Terms, you must send us a termination notice and immediately cease to use our Website. We shall not have any liability to you in such an event. In the event of a termination of these Terms, your obligations to us hereunder shall survive.
THIRD PARTIES
On our Website, we offer various Services. Our Services are provided “AS IS” and without guarantee as to results or experiences. Our Website may contain links to or advertisements for other sites, services or products (“Third-Party Products”). Third Party Products are provided solely as a convenience to you and may contain materials which you find offensive, objectionable, unlawful or inaccurate. Such Third Party Products are governed by their own terms of use and privacy policies which may differ from these Terms or those of our Website. The inclusion of links to Third Party Products does not indicate that we endorse those products or services. We are not responsible for examining or evaluating the content of Third Party Products.
We, our affiliates or contracted third parties may also offer new, updated or additional services (“Additional Services”) through our Website from time to time. Your use of those Additional Services will be governed by these Terms but may also be subject to additional terms and conditions, which will be posted from time to time and with which Users must comply. By continuing to use our Website, you expressly consent to any additional terms and conditions associated with the Additional Services.
DISPUTE RESOLUTION; ARBITRATION AND CLASS ACTION WAIVER
THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE CLAIMS AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ THE FOLLOWING TERMS CAREFULLY. You may opt out of the arbitration agreement by following the opt-out procedure described below. You agree that in the event of any dispute between you and Stranded on Land, you will first contact us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation: arbitration or any court action. After the informal dispute resolution process any remaining dispute, controversy, or claim (each a “Claim”) relating in any way to your use of the Stranded on Land Website or Services, or relating in any way to Stranded on Land’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Stranded on Land. However, this arbitration agreement does not (a) govern any Claim by Stranded on Land for infringement of its intellectual property or access to the Website or Services that are unauthorized or exceed authorization granted in these Terms or (b) bars you from making use of applicable small claims court procedures in appropriate cases. If you do not want to arbitrate disputes with Stranded on Land and you are an individual, you may opt out of this arbitration agreement by notifying us within thirty (30) days of the first date that you access the Website or the date that you receive any Services.
CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a Claim proceeds in court rather than in arbitration, You and Stranded on Land each waive any right to a jury trial.
GOVERNING LAW AND VENUE
The Services provided through the Website will be deemed as provided within the State of Florida. This Agreement is governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Miami-Dade County, Florida or Los Angeles County, California, as determined in the sole and absolute discretion of Stranded on Land. You specifically consent to the personal jurisdiction of such courts and waive any claim of forum.
SEVERABILITY AND WAIVER
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Stranded on Land may assign these Terms at any time without notice to you.
FORCE MAJEURE
In no event shall Stranded on Land or third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of Stranded on Land or which Stranded on Land could not by reasonable diligence have avoided (each such act specified in this paragraph shall be referred to herein as a “Force Majeure Event”). Stranded on Land shall not be responsible for reimbursing any fees paid.
CONTACT
If you have any questions or comments, or to report violations of these Terms, please contact us at info@selfstudylab.com.
Last Updated: December 1, 2020