Terms of Use

THE SERVICES PROVIDED BY STUDYMOOLA, LLC.  ("STUDYMOOLA", “SM”, "WE" OR "OUR") THROUGH THE STUDYMOOLA WEBSITE (THE "WEBSITE") ARE GOVERNED BY THESE TERMS OF USE ("TERMS " OR "AGREEMENT").  BY REGISTERING AS EITHER A BUYER OR SELLER ON THE WEBSITE ("BUYER", "SELLER" OR "YOU"), YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. THESE TERMS ARE IMMEDIATELY EFFECTIVE UPON THE CREATION OF ANY NEW USER ACCOUNT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THE WEBSITE TO BUY OR SELL GOODS ON THE WEBSITE OR USE ANY OTHER SERVICES OFFERED BY STUDYMOOLA ON THE WEBSITE.

WE MAY AMEND THESE TERMS AT ANY TIME BY POSTING THE AMENDED TERMS OF USE ON OUR WEBSITE. ALL AMENDED TERMS OF USE WILL BE EFFECTIVE TEN BUSINESS DAYS AFTER THEY ARE INITIALLY POSTED ON OUR WEBSITE.  THIS AGREEMENT MAY NOT BE AMENDED EXCEPT IN A WRITING EXECUTED BY YOU AND STUDYMOOLA. YOUR CONTINUED USE OF THIS WEBSITE AFTER OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

These Terms do not create or bestow any rights upon any third parties.  By accepting these Terms, you recognize that using some functional aspects of the Website may be governed by separate Terms or by the terms of agreements with third parties, over whom studymoola has no control.

Use of the StudyMoola Website

You agree to comply with all applicable laws and regulations (including those relating to taxes) regarding your use of this Website and your sale or purchase of materials on this Website. You agree that StudyMoola is not responsible for your compliance with all applicable laws and regulations. You agree not to use these services or any content contained in it for any illegal or inappropriate activities. Such illegal activities include, but are not limited to, harassing or bribing others; misappropriating or copying the contents of this Website; or  listing or selling stolen, or fraudulent items.

You shall not submit, publish, distribute, or transmit through this Website or its capabilities any content that is malicious, false, inaccurate, misleading, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, that would constitute or encourage a criminal or civil offense, or that would give rise to liability. You shall not post content in an inappropriate or inaccurate category or of a personal nature. While StudyMoola does agree to take appropriate measures when made aware of a confirmed violation of these terms, we do not warrant the prompt editing or removal of questionable content after online posting or assume liability for any action or inaction with respect to conduct, communication, or content on or through StudyMoola.

You agree that you will not submit, publish, distribute, or transmit anything through this Website that will violate or infringe the intellectual property or other rights of any third party, including but not limited to copyright, trademark, trade secret, privacy or other proprietary rights, or cause similar infringement accusations to be made against StudyMoola. You may not use this Website to send unsolicited advertising promotional material, or other forms of solicitation to other users. You may not use this Website to distribute viruses or any potentially harmful technology, access documents without payment, distribute or post spam, chain letters, or pyramid schemes; redistribute content from the Website; or collect information about users without that their consent.

Manipulation of the sales price, user/company compensation structure, or document feedback system in any way by users is strictly prohibited. StudyMoola may terminate any user's use of or access to the Website for any reason, including but not limited, to StudyMoola's belief that a user is manipulating the fee, billing, or feedback process or violating any other term of this Agreement.

StudyMoola as an Ecommerce Facilitator

StudyMoola is not a traditional broker. Instead, our Website acts only as a forum for Sellers to post materials for sale and for Buyers to purchase the right to view those materials. We are not involved in forming the actual transaction between Buyer and Seller, we are not an agent of Buyer or Seller, and we do not take title to the items at any point in the sales process. Uploaded content is granted by the user to StudyMoola with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to any copyright, publicity, and database privileges users may have in the content. We provide only a forum for postings, purchases, and communication while facilitating the exchange of documents and information between Buyers and Sellers.

Agreements reached by Buyers and Sellers are solely between those Buyers and Sellers. As a result, we make no representations or warranties regarding the offered items and have no control over the quality, truth, accuracy, or legality of the items listed. Also, we do not control and have no role in the creation or authoring of the information provided or posted by other users on the Website.

Qualifications for Becoming a StudyMoola User

Only Members can use the StudyMoola Website. Membership is achieved by registering a user profile. StudyMoola’s services are available only to individuals and entities who are able to enter into legally binding contracts under the laws of the State of Texas.  Without limiting the foregoing, our services are not available to minors, as defined by the laws of the State of Texas. You represent and warrant that all user information provided during registration is accurate and complete, and you will update such user information from time to time to keep it current, accurate, and complete at all times.  You are solely responsible for all conduct and transmissions that take place under your user name and password. The security of any password is the sole responsibility of each user. You agree to allow StudyMoola to store your user identification and password StudyMoola may ask for additional information at any time to verify your registration information.  We may also, in our sole and absolute discretion, refuse to accept a party's registration. We also reserve the right, in our sole and absolute discretion, to terminate a registered party's rights to continue using the Website for any reason at any time.

Seller must have the legal authority to sell any items which they list for sale on the Website. Seller agrees to use commercially reasonable efforts to supply accurate information for each listing, and will be solely responsible for the listing information which Seller provides. 

Using Purchased Documents

Let the Buyer beware Seller warrants that the information, documents, and postings are accurate to the best of his or her knowledge. StudyMoola makes no respresentations or warranties concerning results that may be achieved by use of Materials purchased on the Website.

The use of a document purchased on StudyMoola is a licensed agreement between the Buyer and the Seller for personal use only during the course of study.

Potential Copyright Infringement

StudyMoola maintains a commitment to investigate any alleged copyright infringement and take the appropriate action when the protective rights of others are violated. Users are encouraged to report potential copyright infringement to StudyMoola. To report potential infringement you must provide your complete contact information and both the user document and legally protected material in question.

By reporting potential infringement, the reporting party is making a good faith statement that the document in question is in violation of protected and recorded rights of others. The reporting party also swears under penalty of perjury of the laws of the United States of America that they are the owner or authorized agent to make such claims and that the information and allegations made are truthful and accurate. If the reporting party is not the holder of the protected and recorded rights allegedly violated they must prove the existence of those rights by another

While StudyMoola investigates the potential copyright infringement, a document may be removed from the database. Copyright infringement claims are between the potential infringer and the infringed and do not involve StudyMoola in any fashion. 

Payment, Pricing, Fees, & Taxes

Definitions:

• StudyMoola fee:  This is the fee retained by StudyMoola on each purchase. It is a fixed fee that occurs each time a purchase is made. The amount of this fee is currently $1.45 and is subject to change.
• Transaction costs:  Transaction costs are electronic processing fee used to transfer funds between parties. The fees charged by PayPal are an example of this fee.
• Seller’s Profit:  equal to  the purchase price less our agreed fee and transaction cost associated with each purchase is transferred

Payment: Buyer is required to pay the purchase price to StudyMoola within 24 hours of purchasing material on the website. StudyMoola will hold the funds from purchase in escrow until the Seller’s Profit is transferred. In the time between the purchase of a document and the transfer the Seller’s Profit, StudyMoola will be entitled to hold the escrow funds in an interest-bearing bank account and will be entitled to the interest accrued on all amounts held in that account.

StudyMoola will distribute the cumulative Seller’s Profit from all recent sales to Seller once each fall, spring, and summer (on or before:  12/28, 4/28, 8/28). If the amount due to a Seller is above $20 USD, the transfer of funds is without cost. If below $20 USD, a service fee of $1 USD will be charged to Seller to offset costs associated with such transfer.  . At the time of transfer, Sellers will be required to register a viable Paypal account with StudyMoola to receive the proceeds of their sales. 

Any claims of material discrepancies in a document from their posted description and previewed form must be communicated to StudyMoola within 24 hours of payment. After such time, Buyer will be deemed to have irrevocably waived the right to make any claims regarding material discrepancies of the purchased materials from their posted description and previewed form.

Regarding the purchase of documents the users agree that:

• StudyMoola is not a principal or participant of the underlying transaction between Buyer and Seller. To determine a transaction StudyMoola may rely on any instrument or correspondence reasonably believed by it to be genuine. 
• Should any dispute arise between the Buyer and Seller regarding the purchase price, StudyMoola shall have the right to refrain from taking any action other than to retain custody of the funds until it receives joint written instructions signed and notarized by Buyer and Seller or a final order, judgment, or decree from a court of competent jurisdiction instructing otherwise.

Pricing

All documents uploaded to the Website are subject to the same strategic pricing structure described herein. StudyMoola controls the pricing of each document uploaded to StudyMoola. The pricing structure is set uniformly and increases based on the demand of a particular item. All prices are quoted in U.S.  dollars. We reserve the right to change the pricing structure at our discretion.

Fees

Using StudyMoola is free with valid user registration. A small fee (StudyMoola Fee) is collected by StudyMoola when an item is sold to a Buyer. All fees are quoted in U.S.  dollars and remain the same on each purchase regardless of the current price. Thus Sellers continue to make more money off of increased sales while the company collects the same fee regardless of the current price of an item. StudyMoola reserves the right to change its fee structure at any time.

Taxes:

In all transactions that occur on the Website, Buyer and Seller are solely responsible for determining whether taxes in any form apply to the transaction and to report such taxes arising from any transaction to proper taxing authorities. StudyMoola is not responsible for a party’s failure to comply with applicable tax laws and regulations.

User Disputes

By using the Website you agree that your use of the StudyMoola service is at your own risk. If you have a dispute with one or more users, you release StudyMoola, its subsidiaries and affiliates, and their respective officers, directors, agents, employees, heirs, assigns, and third party suppliers, from any and all claims, demands, damages, losses, liabilities, and judgments, (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Additionally, for any transaction between Buyer and Seller on the Website, Buyer and Seller agree:

• all items are listed and sold “as-is” with no warranties of any kind, expressed or implied;
• no liability shall be found for consequential or punitive damages or any lost or anticipated profits arising out of the transactions;
• liability will not exceed the purchase price of the item in question.

Disclaimer of Warranties

THE DOCUMENTS AND INFORMATION POSTED ON THIS WEBSITE ARE FACILITATED BY STUDYMOOLA ON AN "AS-IS", BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STUDYMOOLA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS WEBSITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. STUDYMOOLA DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT ON THE WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, SECURE OR OPERATE WITHOUT ERROR. STUDYMOOLA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE WEBSITE.

Limitations on Liability

You acknowledge that StudyMoola is acting as a facilitator for the buying and selling of study materials by independent Sellers and Buyers and may contain partial or inaccurate information. StudyMoola has no control and does not guarantee the quality or legality of the items purchased. Thus the limitations on StudyMoola are as follows:

STUDYMOOLA ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL STUDYMOOLA BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, OR CONTENT FROM THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
IF, NOTWITHSTANDING THE FOREGOING, STUDYMOOLA OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (WHETHER IN CONTRACT OR TORT) WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR THE USE OF THE WEBSITE, THE LIABILITY OF STUDYMOOLA AND ANY THIRD PARTY SUPPLIER SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEE PAID STUDYMOOLA WITH RESPECT TO THE PARTICULAR TRANSACTION(S) GIVING RISE TO SUCH LIABILITY, OR (B) $50 USD.

Indemnification

You shall indemnify, defend and hold harmless StudyMoola, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, heirs, assigns and third party suppliers, from and against any and all claims, demands, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), brought by or on behalf of any third party against any of the StudyMoola Group that arises out of any breach or violation by you of these Terms of Use, including, without limitation, any breach of your representations, warranties or covenants contained herein, any dispute with another Website user relating to your purchase or sale of items on this Website, or any personal injury, death or property damage caused by or arising out of the subsequent use of the goods sold or purchased by you on the Website.

Removal of Documents

StudyMoola reserves the discretionary right to remove any materials posted by a user. The reasons for such removal include, but are not limited to:  materials that are considered illegal, unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or violating any party’s intellectual property, additional proprietary rights, or these Terms.

Purchasing Procedures Policy (link)

This Bidding Procedures Policy is subject to the Terms of Use (the "Terms") on the StudyMoola Website, and in case of any conflict, the Terms of Use shall control.  In case of any conflict between the terms of any specific listing and this Purchasing Procedures Policy, the terms of the specific listing shall control. 
PURCHASING ON THE STUDYMOOLA WEBSITE

• The Standard Purchasing Format.  In the Standard Purchase Format, Buyers are invited to buy items at the current list price.  All items start at the same low price, $6.99, when uploaded. Each purchase of an item increases that item’s price by $0.29, until the final price of an item reaches the fixed, maximum price of $16.01.  At the time of purchase, the Buyer is obligated to complete the transaction.  The fees and penalties for a purchase are set forth in the Fee Structure. StudyMoola reserves the right to change the Standard Purchasing Format at its sole discretion.
• No Changes to Listing After Purchase Commences.  Once a Purchase has taken place, the Buyer or Seller may not change the listing without StudyMoola approval. 
• Purchases are Not Retractable.  Purchases are not retractable.  Buyers should carefully preview the documents and review their purchases before a transaction. 
• All purchases are Binding.  Purchases made by Buyers on listed items are binding with payment due at the time of purchase.  Buyers agree that making a purchase on the StudyMoola Website is the legal equivalent of a firm purchase order. 
• Void Purchases.  StudyMoola reserves the right to reject or void any purchases which StudyMoola believes have not been made in good faith, are intended to manipulate the price of an item, or are prohibited either by applicable law or the terms of sale for such Purchase. 
• Payment.  At the end of a Purchase and StudyMoola will promptly email the Buyer a Request for Funding to the registered email address.  Within 24 hours after indicating a purchase, the Buyer is required to pay the agreed purchase price to StudyMoola. 
• Late Payment or Failure to Complete Sale.  If the Buyer fails to pay the purchase price to StudyMoola within 24 hours after selection of the winning bid, then the winning bidder must pay a late fee equal to 10% of the purchase price to StudyMoola. If the Buyer fails to make full payment of the purchase price within five (5) business days after selection the Buyer is in default and forfeits their rights to purchase the goods. A defaulting bidder will be assessed a Default Penalty, as set forth in the Fee Structure, and will may be barred from bidding on other Purchases on the Website until the Default Penalty is paid. The Default Penalty must be paid by credit card, unless otherwise agreed to by StudyMoola.  The defaulting Buyer may be subject to other claims, damages or liabilities to the Seller and/or StudyMoola.
• Fair Listing Practices. Sales price manipulation of any kind by users is strictly prohibited, including.  Buyers or Sellers who do not act in good faith or otherwise subvert the integrity of the StudyMoola Marketplace are subject to suspension or termination from the Website. 
• Collection of Statistics on Buyers & Sellers.  As part of StudyMoola's monitoring of the Website, we may collect statistics on Buyers’ and Sellers’ purchasing/selling activities to determine performance history on the StudyMoola Website.  Such Buyer statistics may include the number of completed transactions by a Buyer, failures or late funding of the purchase price, and taking late delivery of purchased goods.  Such Seller statistics may include completed sales by a Seller, listed items, the quality of feedback on items sold, and any complaints filed about a Seller’s documents. 

Listing Policy

As required in the StudyMoola Terms, each Seller on StudyMoola is solely responsible for complying with all applicable laws and regulations for each item listed and sold on the StudyMoola Marketplace.

Fee Structure:

• Buyer Late Fee.  If the Buyer does not pay the agreed purchase price and other fees to StudyMoola within 24 business hours after selection of the winning bid, then the winning bidder must pay a late fee equal to 10% of the purchase price to StudyMoola. 
• Buyer Default Penalty.  If the Buyer of any StudyMoola document does not make full payment of the purchase price and the within five business days after selection of the winning bid, such bidder is in default and must pay StudyMoola a default penalty of $5 (the "Default Penalty").  Pending payment of the Default Penalty, the defaulting bidder may be barred from bidding on any other auctions on the Website.  The Default Penalty must be paid.  The defaulting bidder may be subject to other claims, damages or liabilities to the Seller and/or StudyMoola. 

Fees - SELLERS

Definitions:

• StudyMoola fee:  This is the fee retained by StudyMoola on each purchase. It is a fixed fee that occurs each time a purchase is made. The amount of this fee is currently $1.45 and is subject to change.

The Fee Structure is developed to be advantageous to both the marginal Seller and the premium Seller. For goods sold by a Seller on the Website, StudyMoola will be paid a StudyMoola fee (deducted from the escrowed purchase price) equal to $1.44 each time sold.

The StudyMoola fee will stay the same while the portion paid to Sellers on each purchase increases with each purchase of a documentas demonstrated below:

* The commission amount for each successful transaction remains $1.45.

Each of these Policies and the Fee Structure may be changed from time to time.  Any such changes will be effective, pursuant to the terms of this Agreement. In addition, you agree that you are subject to any posted rules applicable to specific services you use on the Website.

Links and Advertisements

Our Website may contain links or banners advertising other Websites on the Internet that are owned and operated by third party vendors and other third parties.  StudyMoola is providing these links and banners solely as a convenience.  The appearance of a link or advertisement does not imply our endorsement, nor are we responsible for the content of any link or linked Website.  You access linked Websites at your own risk.

Termination of Usage

These Terms of Use are in force until terminated by either you or StudyMoola.  If you disagree with these Terms of Use, your sole remedy is to terminate your use of the Website.  Upon any termination of these Terms of Use, all obligations of either party set forth herein which relate to transactions by such party prior to such termination shall survive such termination and continue in effect.

Governing Law

The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Texas, without regard to any conflict of law provisions and without regard to the geographic location of the User.  Those who choose to gain access to this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. 

Disputes; Venue

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of Harris County, Houston, Texas, U.S.A., and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts.  No action arising under or relating to these Terms of Use may be brought by either party more than two years after the cause of action has occurred.

StudyMoola Copyright and Trademarks

StudyMoola and the StudyMoola logo are current or pending trademarks or service marks of StudyMoola, LLC.  The trademarks, tradenames, and all other material contained on this Website, including all portions of the Website, Website design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of StudyMoola or its licensors.  Except as expressly permitted hereby, the use of any such property for any other purpose, or the modification, distribution or republication of such material without the prior written permission from StudyMoola, is strictly prohibited.

Copyright© 2008-2013, StudyMoola, LLC.  Any rights not expressly granted herein are reserved.

California Legal Notice

Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538.  StudyMoola, LLC.,  is the provider of the electronic commercial service on this Website.  Currently there are no charges to the consumer imposed by StudyMoola for use of this Website, other than the commission payable to StudyMoola should the consumer choose to purchase or sell Material on this Website.  StudyMoola reserves the right to change its pricing and to begin charging for use of all or any portion of this Website.
Please feel free to contact StudyMoola to resolve a complaint regarding any aspect of service relating to this Website by writing to the above address, sending e-mail to customerservice@StudyMoola.com. 

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R.  Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. 

Notices
Notices shall be given to StudyMoola by e-mail (Notice@StudyMoola.com) and by certified mail, return receipt requested, to StudyMoola, LLC., Attention: Notices, PO Box 7644, Houston, Texas 77270-7644, or to such other address as may be designated.  Notices to StudyMoola shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.

Notices to you will be sent by e-mail to the e-mail address given to StudyMoola when you registered with StudyMoola, or such other e-mail address as you may provide by e-mail to StudyMoola.  Notices to you shall be deemed to have been received 24 hours after the e-mail is sent.

Other Terms

Entire Agreement. These Terms of Use (including any Policies and the Fee Structure incorporated into these Terms of Use by reference) constitute the entire agreement and understanding of the parties and supersede all prior understandings, agreements, or representations by or among the parties, written or oral, to the extent they relate in any way to the subject matter of this Agreement or the transactions contemplated hereby.
Independent Contractor. No Agency. These Terms of Use do not create, and shall not be construed by the parties or any third person as creating, any agency, partnership, joint venture, or employment relationship between you and StudyMoola.  The relationship of the parties under these Terms of Use shall be solely that of independent contractors.  Neither party shall have, nor hold itself out as having, any right, power or authority to assume, create, or incur any expenses, liability, or obligation on behalf of the other party, except as expressly provided herein.
Force Majeure.   Neither party hereto shall be liable to the other for any delay in or failure to perform any of its obligations hereunder to the extent performance is prevented or delayed due to causes beyond its reasonable control, including, but not limited to, acts of God, war, riot, fire, storm, telecommunications or utility failure, or interference or hindrance by any governmental authority.
Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute our waiver of such right or provision.
No Assignment. These Terms of Use may not be assigned by you without the prior written consent of StudyMoola.
Enforceability.   All of the terms, agreements, covenants, representations, warranties, and conditions of these Terms of Use are binding upon,  inure to the benefit of, and are enforceable by the parties and their respective successors and assigns.
Severability.   The provisions of these Terms of Use shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof, provided that any provision of these Terms of Use that is invalid or unenforceable in any situation or in any jurisdiction will not affect the enforceability of the remaining terms and provisions hereof or the enforceability of the offending term or provision in any other situation or in any other jurisdiction.

Privacy Policy

StudyMoola, LLC is committed to respecting your privacy. When users submit information via our Website, your information is protected both online and off-line.  In order to fully understand your rights we encourage you to read this Privacy Policy as well as our Terms of Use.
This Privacy Policy notifies you of the following:

1. What personally identifiable information of yours is collected;
2. How your information is used;
3. With whom your information may be shared;
4. Your use of other’s information;
5. Security procedures protecting information under the company’s control;
6. How you can correct any inaccuracies in your information; and

Our Website is for adults, and usage by children is not intended.
Questions regarding this statement should be directed to StudyMoola, LLC.  by sending email to customerservice@StudyMoola.com. Please reference this Privacy Policy in your subject line. 

• Information Collected by StudyMoola

This Website does not collect personally identifying information about users except when you specifically and knowingly provide it. To use our services fully, you will need to register using our online registration process, where you are required to provide your contact information and a minimal amount personal information. For Buyers, we will ask for other information such as your billing address in order to process on-line transactions. Third party vendors will process all transactions. For Sellers, the information we collect will include information relating to the item you desire to post for sale and related identifying information. 
StudyMoola also collects generic information using IP addresses that do not identify users directly.  An IP address is a number that is automatically assigned to your computer when you use the Internet.  We use IP addresses to help diagnose problems with our server, administer our Web Website, analyze trends, track users’ movements, and gather broad demographic information for aggregate use in order for us to improve the Website.  IP addresses are not linked to personally identifiable information. 

• StudyMoola’s use of personal information

We may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze Website usage statistically, to improve our content and product offerings and to customize our Website’s content, layout, and services. We believe these uses allow us to improve our Website and tailor it to meet our users’ needs better. 
We may also use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions .  By accepting the Terms of Use you expressly agree to receive this information.  We may also use your information to contact you regarding administrative notices, new product offerings, and communications relevant to your use of our Website. 
If you choose to sell materials on our Website, we will collect your address and billing information for a third party vendor to bill you and provide associated support. 
We may use information about you, and current and past activities on the Website, to resolve disputes, troubleshoot problems and enforce our Terms of Use.  At times, we may look across multiple users to identify problems or resolve disputes, and in particular on rare occasions we may evaluate your information to look for users using multiple accounts or aliases. 

• Sharing account information

We may share aggregated demographic information with our partners and advertisers.  This is not linked to any information that can identify any particular individual person or entity.  We will not disclose account information that can identify you without your express permission. 
We may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.  We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.  Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private. 

• Your use of other’s information

StudyMoola and our users do not tolerate spam.  Therefore, you are not licensed to add a StudyMoola user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure. 

• Protection of account information

We also protect account information by placing it on a secure portion of our Website.  Unfortunately no data transmission over the Internet is 100% secure.  While we strive to protect your account information, we cannot ensure or warrant the security of such information. 

• Reviewing and revising your account information. 

At any time, you can view, update, and/or remove your account information. Residual information may remain in our archives and records, but this information will not be used for any commercial purpose. We reserve the right to maintain information on registered members who have violated our Terms of Use or who have had their access to StudyMoola blocked. 

• Miscellaneous

Our Website may contain links to other websites.  Please note that when you click on one of these links, you are entering another website for which StudyMoola has no responsibility, participation, or control.  We encourage you to read the privacy statements on all such websites as their policies may be different than ours. 
StudyMoola reserves the right at any time and without notice to add to, change, modify or update this Privacy Policy simply by posting such change, update or modification on our Website.  Any such change, update, or modification will be effective immediately upon posting to the Website.