Terms of Use

Study Spark- Terms of Use.

Last Updated Jan 1, 2020

Welcome to Study Spark!  Before you use our service, you should familiarize yourself with our terms of service.  Your access to our services and use of any of the services or products we provide is governed by the terms outlined in this agreement.  You cannot use our service without agreeing to the terms.  By agreeing to the terms, you acknowledge not only that you have read the terms, but that you understand them, and agree to abide by all of them.  These terms not only impact how you use our service, but also your remedies in the event that we have a dispute.  For example, the terms contain dispute resolution and arbitration provisions that may impact your legal rights, where permitted by law.  Do not agree to these terms until you have read them, understand them, and can agree to have them govern any access or use of services from Study Spark! 

It is very important to understand that these terms impact your legal rights and obligations in your relationship with Study Spark.  You may not be able to access normal legal remedies, including class action proceedings.  Instead, if you have a dispute, these terms will govern how the dispute will be settled, including the state law that will govern the dispute.

1. Introduction

As a condition of accessing or using any services or products offered by Study Spark, users must agree to the terms of service (Terms).  These terms of service are more than just our suggestions about how to use our services; they are a binding contract between Study Spark (we/us) and you (you), the user.  You get to choose whether or not to agree to those terms, but your use of any of Study Spark’s (our) service or products is conditioned on agreement.  By agreeing to the terms, and/or using any of our services or products, you enter into a binding contract with Study Spark.  This binding contract imposes both rights and obligations on you.  In addition to the terms explicitly detailed in our terms of service, these rights and obligations are defined in our Privacy Policy and our DMCA Notice.

1. Contact Information

You can contact StudySpark.com or Study Spark LLC in a variety of different ways.  You can access us online at wwwl.StudySpark.com.  You can contact our customer support at our customer support email address [email protected].  You can reach us by phone at 1-800-680-4275.  You can contact us by mail at mailing address. 

Study Spark LLC.
37 N. Orange Ave.
Suite 500
Orlando FL 32801

III.  Definitions

Except where otherwise stated, words used in these terms have their common definitions and should be interpreted consistent with industry guidelines. 

User refers to anyone who registers as a customer or user on Study Spark, as well as anyone who accesses Study Spark’s services by using someone else’s account.  Users are referred to as “you” throughout much of this contract.

Tutor refers to the academic experts who provide services to users through Study Spark.  These tutors may also be known as teachers, instructors, coaches, editors, or other academic experts.  Tutors are independent contractors, not employees of Study Spark, and Study Spark is not responsible for the individual behavior of any tutor on the site. 

Terms refers to the entirety of this agreement, as well as any agreements included, by reference, in the official Terms of Use document.

Content refers to any content you can access from our service, and may include, but is not limited to papers, articles, tutorials, class notes, answers, questions, FAQs, images, photographs, illustrations, flash cards, course materials, how-to’s, short answers, and text. 

Submissions refers to a specific type of content, which is content posted by users or tutors, including content posted by you.  This includes any and all content that you share, in any format, on the Study Spark platform, and includes, but is not limited to content that is posted, uploaded, shared, stored, or otherwise provided or transmitted through the Study Spark website. 

1. Updates to the Terms

Sometimes, our Terms will change, especially if we make any additions or changes to the products and services that we offer.  When our Terms change, we will post updates to the Terms, as well as the date of update, clearly at the top of our Terms of Use page.  You can look at the top of the page and see that these current terms were updated on September 26, 2019. 

As a customer, you do not have to agree to unilateral changes in the terms of service.  You may reject these changes, and, if you are doing so in the middle of a contract period, request a refund for the unused portion of any contracts that have not expired.  Such requests for refund cannot be back-dated, and must be based on a change to the Terms.  However, it is important to realize that if you reject changes to the terms, you are terminating our business relationship.  You are then not permitted to continue to access or use products or services.  If you do choose to access products and services, it is considered an acceptance of the new Terms, even if you have objected to them. 

Other than changes to Terms that are posted on the website and dated, there will be no verbal or written modifications to the contract between you and us, unless those modifications are in writing and are signed by both parties. 

1. Privacy

You can find out more information about our privacy policies in our Privacy Policy, which is considered part of the Terms of Use. 

1. Age of Users

Because we provide school-related study services, it is foreseeable that minors may want to access our services.  However, we abide completely with the terms of the Children’s Online Privacy Protection Act (COPPA).  COPPA requires that any online service provider that collects information that could be used to personally identify a user obtain parental consent before collecting information from children under the age of 13.  Therefore, we have chosen to prohibit use or access to our services by anyone under the age of 13.  If you are a child under the age of 13, do not attempt to sign up for our service.  You may still get access to our services and products by having a parent or guardian sign up for the service and monitor your access and usage of the site.  If we have reason to believe that a person under 13 has signed up for our site, we will delete their personal identifying information as soon as possible and terminate their account.  If you are a parent or guardian who has discovered that your child under the age of 13 has provided us personal information, or pretended to be 13 or older in order to access our site, please contact us at [email protected] so that we can take corrective actions. 

In most states, the age where people can legally enter into binding contracts is 18.  Therefore, by entering into this contract with us, you are representing that you are of legal age in your state to enter into a contract, or that you have received parental permission to enter into this agreement.  In some circumstances, we may request proof of parental permission or proof of age. 

VII.  Setting up a Study Spark Account

In order to use the products and services provided by Study Spark, you need to sign up for an account.  This will require choosing a username and password, or linking to the third-party service provider that you used to access Study Spark and using your login information for that provider.  In your sign-up information, you can choose a username that is different from your own name, but we need your actual name and real contact information in the information that is not displayed on the site.  When you set up your account, you are promising to use accurate and complete contact information for yourself.  You agree not to set up a Study Spark account in anyone else’s name.

When you use a third party site (such as Google or Facebook) to access our services, you will agree to provide the credentials that service uses to verify your identity to us, and are agreeing that the third party provider can share information with us and we can share information with them that is necessary for account verification purposes and for any provision of services through the account.

Each individual may only have one Study Spark account.  Do not set up multiple accounts.  If you have multiple accounts, all of them may be canceled, and any fees paid for those accounts forfeited to Study Spark. 

In some instances, you may be authorized to set up an account for a third-party, such as your child or an organization or other entity.  You may only set up an account for a third-party when you have a legal right to do so, such as being that person’s parent or guardian, having power-of-attorney, or having a legal right to act on behalf of an organization.  If you set up an account for a third-party, then you are agreeing to ensure that the third party abides by all conditions in the Terms, and that you will stand-in for that third party if there any disputes about the Terms.  You agree to be bound by arbitration, when applicable, and personally responsible for any damages incurred by the third-party.  In addition, if you allow a third-party access to our services or products in violation of the rest of the Terms, you agree to be bound by arbitration, when applicable, and personally responsible for any damages incurred by the third-party.

VIII.  Transferring a Study Spark Account

Study Spark accounts are generally non-transferable, and confer rights and responsibilities only on the user and Study Spark.  Do not use someone else’s Study Spark account.  Do not let anyone else use your login information, because you will be responsible for any violations of the Terms engaged in by any user using your login information.  You are responsible for keeping your login information secure.  If you believe you have been hacked or that a third party is somehow accessing your Study Spark account, notify us immediately at [email protected].

If you find that you no longer need the services of Study Spark and wish to transfer your service to another user, you may contact  [email protected] and ask to substitute users.  It is your responsibility to find a user to purchase the remaining portion of any contract you have, and it is wholly at our discretion whether or not we will approve the transfer.  No transfer is to be considered approved until you have received a message approving the transfer AND we have been able to change all contact information for the account from your information to the new user’s information. 

1. Laws and Rules Governing Use

In addition to the Terms, you may be constrained by various laws and rules that govern your use of the types of products and services offered by Study Spark.  These laws and rules may come from the federal government, state government, local governments, school districts, and individual schools, as well as other entities.  You agree to be bound by any of those laws and rules, including school honor codes and disciplinary codes, which may be applicable to you, regardless of whether their provisions are contained in the Terms. 

Study Spark will not be responsible for your use of Study Spark’s material in any way that violates any of the rules, laws, or regulations that govern your use of any of our products or services.

1. Permitted Use

You are only permitted to use our services for personal use.  You agree that you are purchasing a license to our products and services, not the content itself, when you access our services. You are not only prohibited from using these services on the behalf of an organization, but also on behalf of any third parties, unless you are a parent or guardian who has accessed our services or products specifically for the purposes of providing access to a minor.  You are only permitted to use our services or products in compliance with all applicable rules, laws, and regulations.  You are prohibited from reselling or otherwise redistributing our products and services, whether for profit or for any other reason. 

Content includes submissions from other users.  However, the one exception to permitted uses is that you are permitted to use your own submitted content in any way that does not conflict with the license you give to us when you submit the content. 

You agree not to use these services to contact other users for the purposes of soliciting other users or tutors.  This means contacting them for the same services provided through Study Spark, as well as contacting them for the purposes of buying or selling any other type of goods and services, including, but not limited to direct marketing and MLM marketing. 

1. Prohibited Uses

In addition to any uses prohibited by any applicable rules, laws, and regulations, you are specifically prohibited from using any of Study Spark’s products, goods, or services, including those submitted by other users or tutors, in a way that infringes copyright laws.   There are two components to this prohibition. First, you are prohibited from using our materials in a way that suggests you have the rights to publish or otherwise claim the materials as your own, including turning in those materials as your own work for course credit or a grade.  Second, you are specifically prohibited from submitting or uploading copyright protected material to Study Spark.  Some examples of copyright protected materials include textbooks, class materials, tests, lecture notes, slide presentations, articles, and worksheets. 

You agree that you will not upload materials that are violent, fraudulent, harassing, abusive, threatening, obscene, or defamatory.  You agree that you are responsible for any consequences you have for posting any material that violates these rules, including any responsibilities that are the result of violations of criminal or civil laws.

You agree that you will not engage in any activities that threaten the security of Study Spark or its users or tutors, including allowing third parties access to your account or using another user’s login information to access Study Spark’s services.  In addition, you are prohibited from engaging in any behaviors that threatens security, such as attempting to violate security encryption codes, using any type of Spam services, attempting to obtain passwords or login information, attempting to obtain credit card information of other users, attempts to obtain any data from any page of the Study Spark, or introduces any type of virus or other malware to Study Spark.

You are prohibited from attempting to obtain the source code or otherwise reverse engineer Study Spark, including the copying of any portion of Study Spark’s content or user content that has been submitted and licensed to Study Spark. 

Violation of the prohibited uses section will subject you to termination of your account, and may subject you to civil and criminal penalties.  Study Spark reserves the right to pursue any and all legal remedies that are available against anyone violating these prohibitions. 

XII. Copyright

All content on the Study Spark cite is protected by copyright, and, where applicable other intellectual property laws, including international intellectual property and copyright laws.  It is your responsibility to ensure that your use of the material complies with all applicable copyright laws.  Generally, this means that you will not use the material in any way that implies you own the property, including reproducing, copying, publishing, transmitting, distributing, broadcasting, copying, uploading, displaying, translating, licensing, or selling the content unless you have consent from the owner of the content.  The owner of the content may be Study Spark or it may be the person who submitted the content, which could be a tutor or other user. 

Study Spark fully complies with the Digital Millennium Copyright Act (DMCA).  This means that we will investigate allegations that material posted violates someone’s copyright and remove material that is found to violate copyright.  We reserve the right to take action against any user or tutor that submits or posts material that violates the copyright or other intellectual property rights of a third party.  We reserve the right to remove, disable, or delete any content that violates the DMCA or other rules and laws.  To find out more information, please visit our DMCA information page, which is included by reference in these Terms.

XIII.  Content

Much of the content on Study Spark is submitted by users and tutors.  Study Spark provides access to this content, but is not responsible for the material in the content.  Content provided reflects the views of the submitter, not of Study Spark.  Study Spark takes no responsibility for monitoring content in any way, including endorsing, editing, screening, modifying, or anyway filtering content.  While Study Spark does not guarantee content in any way, we do reserve the right to remove content that we find offensive in any way, and to ban users that submit any type of content that is abusive or threatening to other users or groups in any way. 

Your use of the content on Study Spark should not be used as a substitute for professional advice, and your use of it does not constitute the formation of a professional relationship, regardless of the nature of the content. 

We strive for transparency in our interactions, but also respect customer privacy.  For example, the testimonials on our site have been provided by actual customers, but we protect their identity by using stock images.  Customers who provide testimonials may get free access to the website in exchange for their testimonial. 

XIV.  Tutors and Users

As part of our services, Study Spark may facilitate relationships between tutors and users.  Tutors are independent contractors and Study Spark has no ability to compel tutors or users to complete any transactions. While we will terminate relationships with tutors or users who repeatedly fail to complete transactions that they have agreed to complete through our services, we cannot offer any remedies to users or tutors in the event that the other party fails to complete a transaction.

If you experience problems with having a tutor or user complete your transaction, if you contact customer service, one of Study Spark’s customer service representatives will attempt to facilitate a resolution or find you an alternate user or tutor to complete the transaction.

While some of our tutors may be experts in their fields, including fields such as medicine, mental health, law, and law enforcement, it is critical to remember that these tutors only provide information for general informational purposes.  They cannot and will not provide any specific advice to users or any emergency advice.  Use of their services does not constitute the formation of a professional relationship.  If you need emergency assistance, you need to contact 911, or the regional emergency information number for your area.

In our question and answer forums, you may have the ability to post questions for tutors to answer.  Posting a question does not impose any obligations on any tutors to answer the question, or on Study Spark to find a tutor to answer the question.  Tutors have the discretion whether or not to answer an individual question.

Tutors who sign up to use our services warrant and guarantee that they have all of the credentials, licenses, degrees, and other qualifications that they represent having on their Tutor profiles and other sign-up information. 

Tutors agree that they have read the pricing information and agree to the prices contained therein, including any percentage retained by Study Spark.

Tutors agree that they will not use any services or materials that would require Study Spark to obtain any licenses, permissions, or copyright from any third parties. 

Tutors agree that they will only offering tutoring and related services to users and will not use Study Spark to offer any other type of goods, services, or products to users or other tutors.  Tutors agree not to interfere with the relationships between other tutors and users, between users and Study Spark, or between other tutors and Study Spark. Tutors agree not to use Study Spark to solicit any type of work, including, but not limited to, instructional work that does not use the Study Spark system. 

Tutors agree that they will respond to all user requests for service in a timely manner, including notifying users if the tutor is unable to provide services.

Study Spark allows people under the age of 18 to act as tutors, as long as the tutor has all of the qualifications, credentials, degrees, and licenses that they tutor represents that they have.  However, any tutor under the age of 18 must obtain permission from a parent or guardian before registering with Study Spark. 

Some jurisdictions may require some type of licensing or credentials to provide tutoring or other types of instructional help.  It is the individual responsibility of each tutor to investigate the rules and regulations regarding tutoring in their jurisdiction, to obtain appropriate credentials, and to guarantee that you will not use Study Spark to engage in any activities that you are prohibited from engaging in your local jurisdiction.

Tutors and users agree that they are not agents, employees, or partners with Study Spark, and that no one but an authorized representative of Study Spark has any authority to enter into any binding agreements on behalf of Study Spark. 

1. Connectivity

In order to access the products and services on Study Spark, you need access to high-speed internet access and a device that can utilize those services.  You are responsible for providing access to all equipment and services you need to access Study Spark, including any additional charges you occur for data access through whatever service you use to access our services.

XVI.  Submissions

Submissions include any material submitted by users or tutors.  Once you submit material to Study Spark, you agree that you have provided a license to Study Spark and Study Spark’s users and tutors to use those materials in any way that complies with any laws, rules, and regulations that govern the use of such material.  You remain the owner of your submissions, and Study Spark agrees not to claim ownership rights over any portion of your submissions.  However, you agree that Study Spark obtains a license to the materials.  This means that you can continue to use the material in your submissions in any way that does not violate the license agreement with Study Spark.  The license includes a waiver of personality rights in your submitted material.  This means that Study Spark can use your material in the normal course of business, which means using the submissions as part of its products and services, in marketing, and in advertising and publicity. 

You acknowledge that your submissions will not be private.  Do not include any identifying, contact, or private information in your submissions.

Users retain responsibility for their submissions, including any violations of any applicable rules, laws, and regulations including Copyright laws.  By submitting materials, you are guaranteeing, representing, and warrantying that you have the right to use all submitted material.  You are guaranteeing that Study Spark will not have to obtain any rights or consents from third parties, and indemnifying Study Spark from any damages that may result from your inappropriate or illegal submission of other people’s intellectual property.

XVII.  Licenses

Your submission of any materials to Study Spark is conditioned upon you granting a license to Study Spark, and, by extension, our users and tutors, to those materials.  This license is a non-exclusive license, which grants Study Spark the right to distribute the materials in any way that that Study Spark deems appropriate, including editing, displaying, reproducing, modifying, storing, translating, editing, or performing the materials.  This license includes allowing Study Spark to make submissions available to all users or tutors on the site, and for Study Spark to make these submissions available through third-party businesses with which Study Spark has sublicensing agreements.  These sub licensees may also edit, display, reproduce, modify, store, translate, edit, or perform those materials. 

The licenses granted to Study Spark are royalty-free.  You agree that you have not been promised any payment or other consideration for these submissions.  The submissions are irrevocable, perpetual, worldwide, transferable, and sub licensable.  This means that, even if you delete your account, you may not be able to delete your submissions from Study Spark.  Because the license is irrevocable, your submitted materials may be available to other users.  Even if Study Spark removes your submissions from our website, they may have already been accessed, downloaded, or stored by other users or tutors, who are able to use the materials in any way that they are licensed to do so.

In granting licenses to Study Spark and its users, you agree that Study Spark may change or modify your submissions and grant them a license to do so. 

XVIII.  Third Party Actions and Relationships

Study Spark is designed to facilitate actions and relationships by third parties, including, but not limited to, relationships between users and tutors, and between you and other users.  Study Spark neither monitors these interactions nor the materials posted by users and tutors.  Any content posted by any third party on Study Spark is the sole responsibility of the person posting the material.  Your access to such material is at your own risk.  In addition, once accessed by a third party, Study Spark has no control over how the third party uses such material, and the user is responsible for any violations of these Terms as well as any applicable rules, laws, and regulations.

Study Spark specifically denies any responsibility for any errors or omissions in the information, any damages resulting from the information, or any reliance on the information.  No information that you receive through Study Spark or one of its affiliated third parties should be considered a substitute for professional advice, and no access to information should be seen as establishing a professional relationship between you and Study Spark or you and a third party.

It is important to keep in mind that Study Spark cannot verify the identity of all users and tutors.  Therefore, do not rely on any third-party representations as to identity, personal qualifications, or professional qualifications.  If you have reason to believe that a user or tutor is misrepresenting themselves or their identity in order to access Study Spark, please report them immediately to [email protected] so that we may conduct an investigation and take action against them, where appropriate.  It is your responsibility to use the amount of care a reasonable person would use when interacting with strangers on the internet, including protecting your identifying personal and contact information. 

XIX.  Business Partners, Advertisers, and Links

Study Spark may allow third parties, including but not limited to business partners and advertisers, to place materials or links on the Study Spark website.  If you click on a link or otherwise access a third-party website, Study Spark has no responsibility for any risks or damages you incur by going to that third party website.  You agree that you should read the terms and conditions for any third party website that you visit and that you indemnify Study Spark against any damages you incur as the result of your use of these third-party services or visiting these third-party websites. 

1. Free and Paid Services

Study Spark offers different tiers of service.  Some services are free, while others require the payment of a subscription fee. Whether accessing free or paid services, your use of the service will be taken as agreement to the Terms.  In addition, all subscriptions are paid upfront at the time of the subscription, and, depending on the type of subscription, may come with an automatic payment on some type of periodic (weekly, monthly, yearly, etc.) basis.  Users who submit documents and users who provide testimonials for our service may get free access to the site for a period of time; those users are treated like paid customers and will be held to the same Terms as other users.

XXI.  Canceling Services

Of course, you can stop using Study Spark’s services at any time.  You may also be permitted to cancel your account.  It can take up to 7 days to cancel your account.  However, cancellations are subject to the terms of your subscription; you will not be refunded for costs for unused portions of your subscription if you cancel.  The exception to this is if there is a material change to the Terms, which impacts your ability to use the service in the manner you intended to use it under the original Terms in effect when you signed up for your account. 

Study Spark retains the right to suspend or terminate your account if they find you in violation of the Terms.  Study Spark retains sole discretion to determine whether you are in violation of your account.

In order to ensure privacy, Study Spark destroys personal information when accounts are terminated, whether by the user or by Study Spark.  Therefore, if you accidentally terminate your account or believe that your account was erroneously suspended or terminated by Study Spark, contact customer service immediately so that we can make efforts to restore your account. 

XXII.  Guarantees, Warranties, and Refunds

Unless we have explicitly guaranteed or warranted something somewhere on our website, nothing on the website should be taken as a guarantee or warranty.

Study Spark makes no representations or warranties as to the products, goods, services, or content supplied on our website.  Study Spark is not liable for the accuracy of any information on the website, for decency, or for copyright compliance of materials submitted by third parties.  All products and services are provided on an “As Is” basis, without warranties of any kind.  “As Is” means that these products, goods, and services are provided without express or implied warranties, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, to the full extent as permitted by applicable state laws. 

Generally, there are no refunds.  Payments are required up-front and are final.  Refunds will only be issued if we have explicitly guaranteed a result and you qualify for a refund according to the terms of that guarantee.  In addition, you may be eligible for a refund if we have changed the Terms in a way that changes your ability to access or use the services in a way represented when you originally entered into the agreement with Study Spark.

XXIII. Indemnification Clause

You agree that use of Study Spark may result in the formation of third-party providers, including other users and tutors.  Study Spark makes no warranties or guarantees as to these third parties.  Study Spark is not responsible for any third-party behavior, and you agree to indemnify Study Spark for any damages that occur as a result of your use of Study Spark’s services.

Indemnification means that you will hold harmless Study Spark and its officers, agents, employees, affiliates, or partners, from any claims, losses, expenses, liabilities, and damages that arise from any third-party claims against you for your use of Study Spark’s services or your violation of these Terms.  You also will hold harmless Study Spark and its officers, agents, employees, affiliates, or partners, from any claims, losses, expenses, liabilities, and damages that arise from any claims you may have against third parties for your use of Study Spark’s services or your violation of these Terms.  You agree that we have no obligations to you in the event of these third-party disputes, including an obligation to contact you.

XXIV.  Apple App Store Users

Apple App Store Users have additional terms that are specifically applicable to Apple users. 

These Terms are specific to the relationship between you and Study Spark and not with Apple.  Apple is not responsible for these terms or for the content of the App.  Apple will not provide maintenance or support services for the App.  App disclaims all warranties for the App, but may provide a refund if you notify Apple that the App is not working.  All claims related to the App should be directed towards Study Spark, not Apple, including copyright infringement claims. 

The Apple App is licensed to the user on a limited, non-transferrable, non-sub licensable, non-exclusive basis for personal, non-commercial use in compliance with Apple’s terms of service, to be used only on an Apple device in your control. 

Apple users may not be located in countries that are subject to U.S. Government embargo or designated as a terrorist supporting country; by accessing these services, you warrant that you are not located in one of those countries.

Apple and its subsidiaries are considered third party beneficiaries of these terms, which grants Apple the right to enforce the Terms against you and against Study Spark. 

XXV.  Limitation of Liability

Your use of this site constitutes your agreement that, to the fullest extent allowed by applicable law, Study Spark will not be held liable to you or any other party, under any legal theory (tort, contract, strict liability, or other), for any type of damages (direct, indirect, punitive, incidental, consequential, or others), however these damages were caused.  This limitation of liability includes lost profits, lost savings, loss of goodwill, work stoppage, damages to your computer including loss programs or data, and is without any limitations. 

In some jurisdictions a limitation of liability may not be permitted to exclude consequential or incidental damages.  If you are in one of those jurisdictions, then these exclusions may not apply to you or may not apply fully to you.  In those instances, then the exclusions will be enforceable to the maximum extent permitted by law. 

In California, this agreement constitutes a waiver of California Civil Code § 1542, and you can find the full text of that Code at https://codes.findlaw.com/ca/civil-code/civ-sect-1542.html.

XXVI.  Choice of Law

The Terms are governed by and will be construed under the laws of the State of Florida.  Any dispute arising under these Terms will be settled in County, State, in English. 

XXVII.  Mandatory Arbitration

All disputes and claims, related in any way to Study Spark, its products, services, or goods, and whether brought against Study Spark or one of its directors, officers, or employees, will be settled by binding arbitration.  The Federal Arbitration Act and federal arbitration law will apply to the arbitration. 

A mandatory arbitration clause has benefits, but also results in the waiver of other legal rights and remedies.  The most notable of these are a waiver of the right to a jury trial and the waiver of the right to participate in a class action lawsuit. 

In arbitration, a dispute is not heard by a judge or a jury.  Instead, an arbitrator hears the dispute and determine the remedy.  While the court has the right to review an arbitration award, this is a limited right.  The arbitrator must follow the Terms in this agreement, and is permitted to award the same types of damages and relief that a court could order, including attorneys’ fees and costs. 

Either party may initiate arbitration proceedings.  To begin arbitration, you may send a letter requesting arbitration to Study Spark’s authorized representative.  The designated arbitrator will be a member of the American Arbitration Association (AAA).  Claims of less than $75,000 will be handled under the AAA’s Supplementary Procedures for Consumer-Related Disputes; claims of $75,000 or more will be governed by the AAA’s Commercial Arbitration Rules.  You can find current versions of these rules by visiting the American Arbitration Association’s website at www.adr.org. 

Included in this mandatory arbitration agreement is a jury trial waiver, where you agree to waive any right to a jury trial.

Included in this mandatory arbitration agreement is a class action waiver.  The parties agree that any disputes will be resolved on an individual basis and not in a class or representative action lawsuit.  If an arbitrator determines that this waiver is unenforceable, then this part of the agreement is void with you.  You cannot be a class member or a class representative in a class action lawsuit unless this provision has been determined to be inapplicable to you AND you have opted out of arbitration.

XXVIII.  Taxes and Other Assessments

If your relationship with Study Spark leads to the assessment of any taxes or other duties, then you agree that you will be responsible for the payment, filing, reporting, and withholding of those taxes or other duties. 

XXIX.  Terms as Complete Agreement

You agree that these Terms, including documents referenced in these Terms, constitute the entirety of the agreement between you and Study Spark, and that these Terms cannot be changed unless both parties agree, in writing, to those changes.  There will be no oral modifications to the terms of our agreement. 

XXX. Survival Clause

If any of the provisions of these Terms is found to be prohibited, it shall be struck from the agreement, and the rest of the provisions of the agreement will survive that termination.  A prohibited provision will not invalidate any other part of the Terms.