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STRIVE ACADEMICS LLC AGREEMENT

Welcome to the Strive Academics LLC (hereafter the “Company”) website striveacademics.com (all pages and content shall be collectively referred to as the “Site”). The Company provides tutoring, individualized learning, and test preparation services (the “Services”) that are owned and operated by the Company. Company has adopted this Agreement (“Agreement”) to explain the terms that govern your use of the Site and the Services. By using the Site and the Services, you agree to be bound by this Agreement. If you do not agree to the Agreement, please do not use the Site and the Services. The Company reserves the right, at its discretion, to change, modify, add or remove of this Agreement at any time by posting such changes on the Site. Please check the Agreement periodically so you are aware of the current Agreement that govern your use of the Site. The continued use of the Site and the Service following the posting of changes to these terms indicates that you accept those changes.

The terms “you,” “your” or “User(s)” refers to any individual accessing the Site or the Services for his/her own personal purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to this Agreement, and that your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.

The terms set out herein may be modified by supplemental agreements and terms for the specific Services that you may seek to obtain from the Company.  In the event of a conflict between the Agreement and any additional terms provided by Company, the additional terms shall control.

Use of Materials

Through your acceptance of this Agreement, Company hereby grants you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of the terms set out in this Agreement. All rights not otherwise expressly granted by herein are reserved by Company. If you do not comply with the Agreement at any time, Company shall have the right to revoke this license(s), limit your access to the Site, or restrict your ability to access the content contained on this Site.  All materials contained in this Site or made available through the Services, are protected by United States and international laws, including trademark and copyright protections.  All content contained on the Site is owned or licensed by Company. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.

The reproduction, duplication, distribution (by any means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of Company or unless expressly permitted by this Site or the Services.

In the event that you subscribe or purchase certain Services or materials that are provided by Company via the Site and upon payment of any applicable fees or other charges associated with such purchase, Company grants you a limited, non-exclusive, non-assignable, nontransferable license to access and use such Services or materials for the term of the license granted and said use shall be solely for the noncommercial, personal use of User and as allowed in this Agreement. You are also strictly prohibited from creating works or materials that derive from or are based on the content or other materials contained in this Site or the Services. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute any aspect of the Site, materials, Services, trademarks, service marks, logos or icons displayed on the Site or Services, which are the property of Company, or licensors, unless otherwise specifically noted in these Agreement.

Accounts

For certain aspects of the Site or the Services, you may be asked to register and set up a User account. In the event you agree to register an account, you will select or receive a username and password upon successfully completing the registration process. This account is personal to you, and you shall not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. The username requested is subject to approval of Company.

User Submissions

In some situations, Users may submit and upload documents, test scores, reports, tests, teacher reports and various other documents and information (hereafter “User Submissions”) that may assist Company and its affiliates and tutors to provide the Services to Users.  The User Submissions may be managed by one or more third party providers who provide their own terms and conditions to which any User Submission is subject to compliance. The User Submissions will not be public and will be protected as set out in the Privacy Policy discussed below.  Some aspects of the User Submissions may be used for statistical purposes by Company.  

Privacy

In an effort to explain how we handle User data and information, Company has instituted the following Privacy Policy located at www.striveacademics.com/privacy(“Privacy Policy”) that is incorporated herein by this reference. Company reserves the right to change the Privacy Policy as set forth therein. You acknowledge that you have read and understand the Privacy Policy and that you have the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflict with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.

 

Representations

You hereby represent and warrant to Company that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19, or 21 years of age, depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) possess legal parental or guardian consent, or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Company is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Company or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products or services via the Site; (d) you will comply with the Agreement and any other agreement to which you are subject that is related to your use of the Site, Services or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Company, including, without ,limitation, your legal name, email address and any other information Company may reasonably require; (f) your access to and use of the Site, Services or any part thereof or purchase and use of any products or Services will not constitute a breach or violation of any other agreement, contract, Agreement or any law or regulation to which you are subject; (g) you will immediately notify Company in the event that you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person; and (h) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

Links on Site

As a service to you, we may provide information about other resources that may be of interest to you. However, we are not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit the Site, you are subject to the policies of the new web site you visit. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource even if linked from the Site.

Prohibited Activities

You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:

  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Site or the Service;
  • disrupting the activities or enjoyment of the Site or the Service for other users;
  • collecting or storing personal data about other users;
  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
  • use of the Site to gain competitive intelligence about Company, the Site, or any product or service offered via the Site or to otherwise compete with Company or its affiliates;
  • framing or otherwise simulating the appearance or functions of the Site or any portion thereof; or
  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, and are solely responsible for all acts or omissions taken by you (including actions that occur under your account or password, if any), including without limitation any of the User Content created or submitted by you.

Services and Fees

Company may charge a fee access some content, materials or other features, products, services, or licenses of the Site. You are responsible to Company for any fees applicable to content, materials, Services, features, products, or licenses that you purchase or that are purchased through your account from Company. You authorize Company and its designated payment processor, to charge your credit card, debit card or other payment method for such fees as provided from time to time by you through the Site.

Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee.

Except as specifically set out in the Site or required by law, all fees are nonrefundable. Company does offer certain guarantees and satisfaction commitments that are subject to change without notice from the Company.  Payments and purchases may not be canceled by the user, except as required by law or as set out on the Site. However, Company reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that purchase until the transaction is completed and funded.

General Release and Indemnification

You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Services. If at any time you are not happy with the Site or the Services or object to any material within the Site or the Service, your sole remedy is to cease using them.

Warranty Disclaimer

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICES, AND ANY COMPANY CONTENT AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK.  ALTHOUGH COMPANY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICES IS AS ACCURATE AS POSSIBLE, COMPANY GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE, OR COMPANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR COMPANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL MEET YOUR EXPECTATIONS.  COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR COMPANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

ANY COMPANY CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL.

SO THAT THERE IS NO POSSIBLILITY OF DOUBT, THE SERVICES PROVIDED BY COMPANY AND ITS AFFILIATES AND RELATED ENTITIES IS NOT GUARANTEED TO DELIVER ANY SPECIFIC RESULTS.  RESULTS OF INDIVIDUAL USERS OF COMPANY CONTENT AND SERVICES MAY SEE DIFFERENT RESULTS BASED ON A WIDE VARIETY OF FACTORS BEYOND THE CONTROL OF COMPANY.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Arbitration

In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to both partiers from which one will be chosen using the applicable rules.  In the event the parties are unable to agree on an arbitrator, then each party shall choose one arbitrator and the two arbitrators chosen shall choose a third arbitrator to actually hear the case.  The hearing shall be conducted in a mutually agreeable location and in the event a mutually agreeable location is not able to be chosen, then the arbitration shall be held in Atlanta, Georgia. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and all costs associated with the arbitration include the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

Term and Termination

In addition to any other method of termination or suspension provided for in this Agreement, Company reserves the right to terminate this Agreement at any time and for any reason upon notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Site, Services or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to Company of such termination. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Site, the Services and any content or materials provided to you by Company. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

Miscellaneous Terms

The validity and effect of the Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, you consent to the exclusive jurisdiction of the state court situated in Fulton County, Georgia. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction.

This Site is operated by Company. All inquiries and notices may be directed to:

Strive Academics

2400 Herodian Way, Suite 220

Smyrna, GA 30080

[email protected]

Legal notices should be sent to the above contact information with a copy to:

The Collins Firm, LLC

PO Box 191062

Atlanta, GA 31119

[email protected]

Notices to you will be sent either via email or US Mail to the information you provided in your registration.

Copyright and Copyright Notices

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site sufficient to  allow us to locate the allegedly infringing material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your
  • notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact Company’s Copyright Agent for Notice of Claims of copyright infringement at:

[email protected] Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.