Terms and Conditions

Website Terms and Conditions of Use

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES OF AMERICA, PLEASE READ IT CAREFULLY.

1. Terms

By accessing this Website, accessible from ethiwebinc.com and/or studentnow.me, owned and managed by Ethiweb Inc. ("Company", "We", "Us", "Our"), you are agreeing to be bound by these Website Terms and Conditions of Use, agree that you are responsible for the agreement with any applicable local laws, and agree that you are 13 years of age and the minimum age of digital content in your country. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on Ethiweb Inc.'s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or any public display;
  • attempt to reverse engineer any software contained on Ethiweb Inc.'s Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transferring the materials to another person or "mirror" the materials on any other server.

This will let Ethiweb Inc. terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

3. Disclaimer

All the materials on Ethiweb Inc.’s Website are provided "as is". Ethiweb Inc. makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Ethiweb Inc. does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

Ethiweb Inc. or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on Ethiweb Inc.’s Website, even if Ethiweb Inc. or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Ethiweb Inc.’s Website may include technical, typographical, or photographic errors. Ethiweb Inc. will not promise that any of the materials in this Website are accurate, complete, or current. Ethiweb Inc. may change the materials contained on its Website at any time without notice. Ethiweb Inc. does not make any commitment to update the materials.

6. Links

Ethiweb Inc. has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Ethiweb Inc. of the site. The use of any linked website is at the user’s own risk.

7. Site Terms of Use Modifications

Ethiweb Inc. may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Your Privacy

Please read our Privacy Policy.

9. Dispute Resolution and Arbitration; Class Action Waiver

THIS SECTION AND THE NEXT SECTION ONLY APPLIES TO YOU IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA.

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Ethiweb Inc. agree that these Website Terms and Conditions of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Provision allows us to promptly and efficiently resolve any dispute that may arise between you and Ethiweb Inc. Effectively, then dispute is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against Ethiweb Inc. in the same proceeding.

This Provision provides that all disputes between you and Ethiweb Inc. shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. Ethiweb Inc. prefers this because Ethiweb Inc. believes arbitration is less dramatic than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT PER THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must allow Ethiweb Inc. to resolve the Dispute which is first done by emailing Ethiweb Inc. at [email protected] the following information:

  1. Your name;
  2. Your address;
  3. A written description of your Claim; and
  4. A description of the specific relief you seek.

If Ethiweb Inc. does not resolve the Dispute within 60 days after receiving your notification, then you may pursue your Dispute in arbitration.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available under applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either the State of Tennessee or the federal judicial district that includes Your billing address. If You select the latter, We may transfer the arbitration to the State of Tennessee so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as You place a request in writing before commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

10. Governing Law

Any claim related to Ethiweb Inc.'s Website shall be governed by the laws of the State of Tennessee, the United States of America without regard to its conflict of law provisions.

Article Details

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Date added:
27-Nov-2020 1:21am
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