USER AGREEMENT
Before you may become a member of ScholarRescue.com (“ScholarRescue”), you must read and accept all of the terms in this User Agreement and the ScholarRescue Privacy Policy. Use of ScholarRescue also signifies agreement with the terms. You agree to the following terms:
Purpose: ScholarRescue is an online portal for the posting and completion of academic assignments in exchange for money. ScholarRescue is intended to provide students with ASSISTANCE from other students in all areas of academic study. This site is NOT intended to facilitate cheating.
Eligibility: ScholarRescue may only be used by individuals who are 18 years of age or older whose accounts have not been restricted, terminated, or suspended by ScholarRescue. When you use ScholarRescue, you represent that: (a) all information and content you submit is current, truthful, and accurate (and will be updated accordingly); (b) you are 18 years of age or older; (c) your use of ScholarRescue does not violate any applicable laws or regulations; and (d) you comply all rules set forth in this User Agreement.
Content: All content (including, but not limited to: postings, messages, texts, and files) posted on or transmitted through ScholarRescue are the sole responsibility of the user from whom such content originated. Specifically, you are entirely responsible for your own submissions (i.e. content) and any resultant harm.
ScholarRescue assumes no liability for any content made available. You understand that ScholarRescue does not review, edit, screen, or approve content but does have the right to refuse, delete or move any content for any reason. ScholarRescue makes no representation or warranty as to the accuracy, completeness, authenticity of content and you understand that you may be exposed to material that is inappropriate, offensive, or sexually explicit. ScholarRescue is under no obligation to remove or modify inappropriate content, nor does any content reflect ScholarRescue’s policies. Under no circumstances will ScholarRescue be liable in any way for loss or damage of any kind incurred that result from the use of any content or the use of ScholarRescue itself, in any way.
When submitting content, you represent and warrant that you (a) are the sole owner of created content or have sufficient rights to post that content; (b) will not violate another entity’s (person or organization) privacy rights, publicity rights, copyrights, intellectual property rights and/or contract rights; (c) have complied fully with any third-party licensing related to content submissions (including but not limited to paying all royalties, fees and other monies); (d) will not post any prohibited content that: provides other users of ScholarRescue.com with your personal information (e.g. name, email address, telephone number, mailing address etc…); is false, misleading, inaccurate, defamatory, or libelous; is obscene, lascivious, threatening, lewd, or offensive; that promotes or encourages incite, harm (physical or other), racism, bigotry, sexism, religious intolerance; that contains or provides links websites that contain nudity, violence, or any other offensive material; exploits or promotes exploitation of anyone in a sexual or violent manner; is an unauthorized copy of another person’s work; includes a photograph of another person without that person’s consent; contains viruses, spyware, malware, or other malicious computer code intended to damage, disrupt, or utilize ScholarRescue and its customers’ hardware, software, networks, and/or services or gather any form of data; or has been made accessible to you by your academic institution or instructor.
By posting content on ScholarRescue.com, you grant ScholarRescue a perpetual, non-exclusive, irrevocable, royalty-free and fully paid, worldwide, sub-licensable right and license to use, modify, reproduce, display, transmit, and distribute such content in any form, and through any medium, for any purpose, including profiting from its sale.
Use: You agree to use ScholarRescue for the sole purposes of acquiring and/or rendering help with scholarly activities. All other activities are prohibited, including: the posting of prohibited content; advertising to, or attempting to solicit any person to buy or sell anything except scholarly assignments; attempting to solicit personal information (e.g. name, email address, telephone number, mailing address etc…); violating any laws or third-party rights; installing, distributing or promoting viruses, spyware, malware, or other malicious computer code intended to damage, disrupt, or utilize ScholarRescue and its customers’ hardware, software, networks, and/or services or gather any form of data; the transmittal of bulk, chain, or junk email, or interference with the ScholarRescue.com website and/or ScholarRescue services; impersonation of other users; establishment of multiple user accounts; providing false personal information; promoting or conducting illegal, criminal, or tortuous activities; using any information obtained from ScholarRescue to abuse, threaten, or harm another person; misusing the ScholarRescue.com website; manipulating ScholarRescue services (e.g. falsifying ratings, reviews); manipulating the ScholarRescue fee structure, billing process, and fees owed to ScholarRecue; failure to deliver payment; failure to deliver agreed upon services; transferring your account to another person; distribute or post spam, unsolicited, or bulk email or other electronic communications; copy, modify, or distribute rights or content (except that which has been purchased) from ScholarRescue.com including copyrights and trademarks; using any automated means, including computer programs, spiders, robots, crawlers, and data mining tools for any purpose; attempting to gain unauthorized access to ScholarRescue computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of ScholarRescue, its website and services.
No Conflict: You agree that use of ScholarRescue and accepting the terms and conditions herein does not and will not: violate, conflict with, or result in a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance, lien, or encumbrance to which you are a party or violate any applicable law, government or academic institution regulation or policy.
You agree to indemnify, defend, and hold harmless ScholarRescue and its directors, officers, and employees from and against all losses, damages, liabilities, claims, taxes, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any negligent, reckless, or intentionally wrongful act that you perform, (b) any breach by you of any of the covenants, warranties, or representations contained in this Agreement, (c) any breach by you of applicable laws, rules, and regulations, including academic institution regulation or policy, or (d) any violation or claimed violation of a third party’s rights resulting in whole or in part from your use of ScholarRescue.
Password: You agree to maintain the confidentiality of your username and password. You are responsible for all activity conducted through your account, irrespective of your express authorization.
Term and Termination: You agree that ScholarRescue, in its sole discretion, has the right to delete or deactivate your account immediately, without notice, and remove and discard any related content, for any reason. You also agree that ScholarRescue shall not be liable to you or any third-party for such termination of your account.
You may terminate your account at any time; however, you will remain responsible for all obligations relating to your account even after your account is closed. All terms outlined in this document will remain in effect even after termination of your account. Content that you have posted may or may not be removed at the sole discretion of ScholarRescue.
You understand and agree that your posted content may no longer be accessible (i.e. permanently discarded) once your account has been suspended, deactivated or canceled by either ScholarRescue or yourself.
Intellectual Property: All content on ScholarRescue.com are owned by or licensed to ScholarRescue and are subject to all applicable intellectual property laws. Content may only be used for personal, educational, non-commercial purposes. You agree not to reproduce, modify, or distribute content except for your own personal, educational, non-commercial use.
Disclaimers: ScholarRescue is not responsible for, and does not guarantee, the accuracy, correctness, or completeness of posted content, nor consequences of its use. Posted content should be used only as a study aid or tutorial rather than as an accurate and complete answer to your question. Content is provided "AS-IS" and "AS AVAILABLE" without warranty. ScholarRescue does not promise any specific results from use of ScholarRescue.com and its content.
ScholarRescue does not review or endorse any third-party websites and materials made available (through links) in posted content. Accessing third-party sites and materials is done at your own risk. You agree that you may not make any claim against ScholarRescue for damages or losses that result from access to third-party sites and materials through ScholarRescue.com.
ScholarRescue does not monitor the conduct of users of the ScholarRescue.com. You agree that ScholarRescue is not responsible or liable for the conduct of other users.
You agree that ScholarRescue assumes no liability or responsibility for (a) errors in content; (b) personal injury and property damage related to use of ScholarRescue resources; (c) unauthorized access and use of ScholarRescue resources; (d) interruptions to ScholarRescue services; (e) viruses, spyware, malware, or other malicious computer code which may be transmitted through ScholarRescue.com; and/or (f) any damages or losses that result from using ScholarRescue in any way.
Limitation on Liability: Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages. Therefore, the previously listed disclaimers may not apply to you.
In no event shall ScholarRescue or any of its advertisers, agents, contractors, creditors, directors, employees, investors, licensors, officers, service providers, or suppliers be liable to you or any other third-party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from use of ScholarRescue. Notwithstanding anything to the contrary contained herein, ScholarRescue's liability to any user in respect of any loss or damage, regardless of the form of action, shall not exceed the fees paid by said party to ScholarRescue.
Fees and Payments: Users of ScholarRescue will be charged fees only when transactions occur. ScholarRescue charges the user that posts an assignment a 15% fee and takes a 10% commission from the user that completes the assignment.
Payment from and to users may only be made via Paypal. You do not need an actual Paypal account to make a payment. Your Paypal account must be linked to the email address you used to establish your ScholarRescue account in order to receive payment from ScholarRescue. A minimum balance of $5.00 is required for a payment request. Payment will be made within 5 working days.
Taxes: ScholarRescue is required to collect your completed W-9 tax form in order for you to withdraw funds in excess of $600 from ScholarRescue.
Not a Fiduciary: Although ScholarRescue does take money into escrow, all money (except for applicable fees and commissions) transfers between users, hence the purpose of escrow is simply to ensure that agreed upon transactions are completed); ScholarRescue is not a party to transactions between users. You acknowledge that ScholarRescue is not a bank, credit card, financial services agency, trustee, or fiduciary.
Reversals, Chargebacks, and Claims: You agree not to chargeback any payments that you have agreed to pay.
Applicable Laws: Use of ScholarRescue.com and all ScholarRescue services shall be governed by the laws of the State of Texas. You agree that the Tarrant County, Texas courts shall have exclusive jurisdiction over all matters arising under this agreementDisputes: You agree that all disputes shall be governed by the laws of Tarrant County, Texas.
Disputes: You agree that all disputes shall be governed by the laws of Tarrant County, Texas.
For disputes between yourself and other users, you agree to allow ScholarRescue to act as arbitrator and you agree to be bound by ScholarRescue’s decisions. ScholarRescue will endeavor to objectively assess disputes based on the facts of the situation. You agree that even in the capacity of arbitrator between yourself and other users, ScholarRescue is not party to the transaction itself, nor is ScholarRescue a bank, credit card, financial services agency, trustee, or fiduciary
For disputes between yourself and ScholarRescue, you agree to settle through arbitration utilizing the procedures of the American Arbitration Association in Tarrant County, TX.
Indemnity: You agree to indemnify and hold ScholarRescue, its subsidiaries and affiliates, and their respective agents, employees, officers and partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of ScholarRescue.com, content on the site and all ScholarRescue services in violation of the terms of this agreement and/or breach of your representations and warranties set forth above.
Copyright Violations: Please see our "Privacy Policy" for information relating to copyright violations.
Entire Agreement: You agree that all of these terms including policies and agreements (e.g. Privacy Policy) referred to constitute the complete and only agreement between you and ScholarRescue.
Severability: You agree that these terms are severable. If any term is unlawful, invalid, or unenforceable, then that term shall be interpreted in accordance with the applicable laws as closely as possible to its original intention. You agree that any unlawful, invalid, or unenforceable term shall not affect the validity or enforceability of the remainder of this agreement.
Waiver: ScholarRescue's failure to enforce or exercise any right or provisions of these terms shall not be taken as a waiver of such provisions.
No Third-Party Beneficiaries: This agreement is between you and ScholarRescue. Nothing in this agreement, either express or implied, confers any rights to any third-parties. There are no third-party beneficiaries to these terms.
