Terms of Use
Effective Date: October 25, 2023
Welcome to Misstudy.com (“Site”). This Site is owned and operated by Misstudy. Please read these Terms of Use (“Terms”) carefully. This site is offered to you, the User, conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your acceptance and agreement to all such terms, conditions, and notices. If you do not agree to the terms and conditions of use, you may not access or otherwise use this Site.
1. General Terms of Use
Misstudy hereby grants user access to use the Site solely for your own personal, non-commercial purposes, and for purposes related to receiving academic guidance. This access is subject to your agreement to, compliance with, and satisfaction with this Agreement. If you do not comply with the Agreement at any time, Misstudy reserves the right to limit your access to the Site.
2. Restrictions on the Use of Materials
The Site contains photos, logos, videos, graphics, audio, and courses. (Collectively, “Content”). Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Users may download free course material for your personal use only. The reproduction, duplication, distribution (including by way of email, or other electronic means), publication, modification, copying, or transmission of material available on or through this Site or the Service is strictly prohibited without the prior written consent of Misstudy or unless expressly permitted by this Site. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Misstudy by email at admissions@misstudy.com.
3. Changes to Terms
Misstudy reserves the right to add to, delete, or modify these Terms at any time. Such changes, modifications, and deletions shall become effective immediately upon the posting thereof. Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes. As a result, we encourage you to review the Terms periodically.
4. Changes to the Site
You acknowledge and agree that Misstudy may stop providing the service and Content of our Site to you or to Users generally, in whole or in part, at any time without prior notice to you, at our sole discretion. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. You understand and agree that Misstudy is not liable to you in any manner for your inability to access or use any of the Site’s Content.
5. Privacy
Misstudy respects your privacy. Misstudy’s Privacy Policy also governs your use of our Site and forms part of our agreement with you. Please read it carefully as it describes, among other things, how we collect and use information obtained when you use our Site. If Misstudy for any reason, believes, has reason to believe, suspect, or is notified of any act, omission, or circumstances which may or could compromise or endanger the health, well-being, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, Misstudy has the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
6. Third Party Hyperlinks
Our Site may contain links to other websites (collectively, the “Third-Party Sites”). The linked Third-Party Sites may not be under our control, and unless expressly stated in the Third-Party Site terms and conditions, we do not warrant, represent, or assume any responsibility or liability for the accuracy, completeness of the information or software or other materials downloaded from or contained in any Third Party Site nor will we have any obligation, responsibility or liability to you or anyone else once you leave the Site. A link to a Third-Party Site does not constitute a referral, endorsement or verification by us of the Third-Party Site. When you leave the Site, you should confirm the terms and conditions and privacy policy that apply to you, as they may differ from those on the Site.
7. Agreement to Receive Communications from Misstudy
By using the Site and providing your phone number and/or email on the Site, you agree and acknowledge that Misstudy may communicate with you via email, text messaging, Short Messaging Service (“SMS”), and phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes, Service provided to Tutors, and the Service provided to Students. You agree that these calls may be regarding products and/or services that Misstudy may market to you. The Site will not charge you a fee for sending SMS text messages, but your communication Service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to Misstudy without reimbursement from Misstudy. If you wish to opt out of promotional emails, you can unsubscribe from Misstudy’s promotional email list by following the unsubscribe options in the promotional email itself.
8. Liability Disclaimers
The material on Misstudy’s Site is provided for general information only and should not be relied upon or used for making significant decisions without consulting primary or more accurate, complete, or timelier sources of information. Any reliance on the software, materials, courses, or information on Misstudy’s Sites is at your own risk.
9. User Representations
You hereby represent and warrant to Misstudy that: (a) you have reached the age of majority in the jurisdiction where you reside (generally 18, 19, or 21 years of age, depending on the jurisdiction) or possess legal parental or guardian consent to use this site; (b) all information provided by you to Misstudy is truthful, accurate and complete; (c) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Site.
10. Indemnification
You hereby agree to indemnify, defend, and hold Misstudy, and all its officers, directors, owners, agents, and employees, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Misstudy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Misstudy.
11. Governing Law
This Agreement is governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Miami-Dade County, Florida, for the resolution of all disputes arising out of use of this site. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Misstudy as a result of this Agreement or use of the Site. You agree not to combine any claim you have arising out of the Privacy Policy with the claims of others.
12. Entire Written Agreement
These Terms, together with any other regulations, procedures, and policies which are referred to are hereby incorporated by reference and contain the entire agreement you have with the Site Owner regarding the Site, content, and other subject set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject.
13. Severability
The illegality, invalidity, or unenforceability of any term or condition is severable and shall not affect the rest of Misstudy’s Terms, and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow Misstudy to enforce its meaning shall survive termination.
14. Force Majeure
Misstudy shall be excused from performance under these Terms if Misstudy fails or is prevented, forbidden, or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
15. Contact
If you have any questions about this Site or have technical problems accessing information on our Site, please contact us at: admissions@misstudy.com.