Terms and conditions

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TERMS OF USE

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Welcome to StudentH Company ("StudentH," "the Company," "we," "us," or "our"). We strongly recommend that you carefully read the following terms and conditions. By accessing or using our website, https://mystudenth.com/ (the "Site"), or any related websites or social media accounts operated by StudentH (collectively, the "Sites"), you agree to comply with these terms (the "Terms of Use" or the "Agreement"). This Agreement is a legally binding contract between you and StudentH. If you do not understand or agree to this Agreement or our Privacy Policy, you may not access or use the Sites.

We reserve the right to modify these Terms of Use at any time and for any reason, at our sole discretion. If we make changes, we will update the date of these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to review these Terms of Use periodically to stay informed of any updates. Your continued use of the Site after the posting of revised Terms of Use indicates that you have been made aware of, and accepted, the changes.

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The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws if applicable.

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The Site is intended for users who are at least 13 years old. If you are a minor (generally under 18 years of age), you must have the permission of, and be directly supervised by, your parent or guardian to use the Site. Your parent or guardian must read and agree to these Terms of Use before you use the Site.

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The Site is not designed to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). Therefore, if your interactions would be subject to such laws, you may not use this Site. Additionally, you may not use the Site in any way that would violate the Gramm-Leach-Bliley Act (GLBA).

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Intellectual Property Rights

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Unless stated otherwise, the Site and all its content—including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content")—as well as the trademarks, service marks, and logos displayed on the Site (the "Marks"), are our proprietary property. They are protected by copyright, trademark, and various other intellectual property rights under U.S. and international law.

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The Content and Marks are provided on the Site "AS IS" for your personal and informational use only. Except as expressly provided in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

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If you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, and Marks.

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User Representation

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By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.

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If you provide any untrue, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).

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Products

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All products are subject to availability, and we reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

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Purchases and Payment

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You agree to provide accurate, complete, and current purchase and account information for all purchases made via the Site. You also agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as required. Prices may change at any time. All payments must be made in U.S. dollars.

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You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees. You authorize us to charge your chosen payment method for these amounts when you place your order. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

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We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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Prohibited Activities

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You may not use the Site for any purpose other than what we make available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

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As a user of the Site, you agree not to:

Trick, defraud, or mislead us and other users, especially in any attempt to gain sensitive account information such as user passwords.

Make improper use of our support services or submit false reports of abuse or misconduct.

Engage in any automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Attempt to impersonate another user or person, or use the username of another user.

Use any information obtained from the Site to harass, abuse, or harm another person.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Attempt to bypass any measures designed to prevent or restrict access to the Site or any portion of it.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Delete the copyright or other proprietary rights notice from any Content.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (repeated posting of the same text), that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

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Contribution License

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You agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

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We do not claim ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

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Third-Party Websites and Content

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The Site may include links to other websites and content belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

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Site Management

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We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

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Privacy Policy

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We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

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Terms and termination

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These terms of use will remain in effect as long as you use the site. without limiting any other part of these terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the site and the marketplace offerings (including blocking certain ip addresses) to anyone for any reason or for no reason, including but not limited to breach of any representation, warranty, or agreement outlined in these terms or any applicable law or regulation. we may terminate your use of the site and the marketplace offerings or delete your account and any content or information you have posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

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Modifications and Interruptions

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We retain the authority to alter, amend, or eliminate the contents of the Site at any moment or for any reason, at our sole discretion, and without prior notice. However, we are under no obligation to update any information presented on our Site. Additionally, we reserve the right to modify or discontinue, in whole or in part, the Marketplace Offerings without notice at any time. We shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site or the Marketplace Offerings.

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We do not guarantee that the Site and the Marketplace Offerings will be accessible at all times. There may be instances where we encounter hardware, software, or other technical issues, or need to undertake maintenance activities related to the Site, which could result in interruptions, delays, or errors. We reserve the right to alter, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notifying you. You agree that we shall bear no responsibility for any loss, damage, or inconvenience caused by your inability to access or utilize the Site or the Marketplace Offerings during any period of downtime or discontinuation. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Site or the Marketplace Offerings, or to provide any corrections, updates, or releases in connection thereto.

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Governing Law

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These Terms of Use, along with your utilization of the Site and the Marketplace Offerings, shall be governed by and interpreted in accordance with the laws of the State of California, applicable to agreements executed and entirely performed within the State of California, without regard to its conflict of law principles.

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Dispute Resolution

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To expedite the resolution and manage the cost of any dispute, controversy, or claim arising under these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to initially attempt to resolve any Dispute (except for those expressly provided below) through informal negotiations for a minimum of thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other.

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Should the Parties fail to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) shall be conclusively and exclusively resolved through binding arbitration. you acknowledge that without this provision, you would have the right to litigate in court and have a jury trial. The arbitration shall be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are accessible on the AAA website at www.adr.org. Your arbitration fees and your portion of the arbitrator’s compensation shall be determined by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. The arbitrator will render a written decision, but is not required to provide a rationale unless requested by either Party. The arbitrator must adhere to the applicable law, and any award may be contested if the arbitrator fails to do so. Except as otherwise mandated by the relevant AAA rules or applicable law, the arbitration will occur in San Diego, California. Except as expressly provided herein, the Parties may pursue litigation in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.

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If, for any reason, a Dispute proceeds in court rather than through arbitration, the Dispute shall be initiated or prosecuted in the state and federal courts located in San Diego, California, and the Parties hereby consent to, and waive any defenses regarding, lack of personal jurisdiction, and forum non conveniens concerning venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is expressly excluded from these Terms of Use.

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No Dispute brought by either Party in connection with the Site may be initiated more than one (1) year after the cause of action arose. If this provision is found to be unlawful or unenforceable, then neither Party will elect to arbitrate any Dispute encompassed within the portion of this provision found to be unlawful or unenforceable, and such Dispute shall be adjudicated by a court of competent jurisdiction in the courts specified for jurisdiction above, with the Parties consenting to the personal jurisdiction of that court.

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Restrictions

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The Parties agree that any arbitration shall be strictly confined to the Dispute between the Parties individually. To the maximum extent permitted by law: (a) no arbitration shall be consolidated with any other legal proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to employ class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals.

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Exceptions to Informal Negotiations and Arbitration

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The Parties acknowledge that the following Disputes are exempt from the provisions outlined above regarding informal negotiations and binding arbitration: (a) any Disputes that seek to enforce or protect, or that concern the validity of, any Party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Should this provision be deemed illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision that is found to be illegal or unenforceable, and such Dispute shall be adjudicated by a court of competent jurisdiction within the courts specified for jurisdiction above, with the Parties consenting to the personal jurisdiction of that court.

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Corrections

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There may be information on the Site that contains typographical errors, inaccuracies, or omissions that pertain to the Marketplace Offerings, including descriptions, pricing, availability, and other related information. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.

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Disclaimer

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The site is provided on an “as-is” and “as-available” basis. You agree that your use of the site and services will be at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, in connection with the site and your use of it, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding the accuracy or completeness of the site’s content or the content of any websites linked to this site, and we assume no liability or responsibility for any of the following: (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage, of any kind whatsoever, resulting from your access to and use of the site; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the site; (5) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the site by any third party; and/or (6) any errors or omissions in any content and materials or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of any product or service through any medium or environment, you should exercise your best judgment and caution where appropriate.

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Limitations of Liability

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Under no circumstances shall we, nor our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding any contrary provisions herein, our liability to you for any reason and regardless of the form of action shall be limited to the amount paid, if any, by you to us during the six (6) month period immediately preceding the cause of action. Certain laws in the united states and internationally may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers or limitations may not be applicable, and you may have additional rights.

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Indemnification

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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of or related to: (1) your use of the Site; (2) any breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) any violation of a third party’s rights, including but not limited to intellectual property rights; or (5) any overtly harmful actions toward any other Site user with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

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User Data

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We will retain certain data you transmit to the Site for managing its performance, as well as data related to your use of the Site. While we perform regular backups, you remain solely responsible for all data you transmit or that pertains to any activities undertaken using the Site. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of data.

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Electronic Communications, Transactions, and Signatures

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Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Site, fulfill any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the site. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws that require an original signature or the delivery or retention of non-electronic records, or payments or credits by means other than electronic means.

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California Users and Residents

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If a complaint with us remains unresolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. 

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Miscellaneous

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These Terms of Use, along with any policies or operational guidelines posted by us on the Site or related to the Site, represent the complete and exclusive agreement and understanding between you and us. Our failure to exercise or enforce any right or provision within these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use are intended to be enforced to the fullest extent allowed by law. We retain the right to assign any or all of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or part thereof is found to be unlawful, void, or unenforceable, such provision or part shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions. The use of the Site or these Terms of Use does not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use shall not be construed against us by virtue of having drafted them. Additionally, you waive any and all defenses based on the electronic format of these Terms of Use and the absence of physical signatures from the parties.

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