LAST UPDATED JANUARY 31, 2019
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms of this Agreement at any time. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. We will provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent our email from reaching you. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement periodically. Your continued use of the Site and the Services following the posting of changes and/or modifications to this Agreement will constitute your acceptance of those changes and/or modifications.
Story2 agrees to provide you with access to the Site and the Services purchased by you commencing on a date to be mutually agreed upon between you and us (the “Start Date”), which Services may be provided at one or more sessions in-person, via phone, email and/or video conference or through the Site (“Sessions”).
Story2 does not purport to offer any medical, psychological, therapeutic, religious or other professional advice to users of the Site and/or the Services. Please seek the advice of counseling professionals, as appropriate, regarding the evaluation of any specific information, opinions, advice or other content.
You may cancel the Services at any time; provided that You will not be entitled to any refund of the fees otherwise due in the event of such cancellation if Story2 has not received notice of such cancellation at least two (2) days prior to the date upon which the Services are to be provided. There will be no prorating or refunds given due to late arrival or missed lessons. Story2 reserves the right to reschedule or cancel any lesson. In such events, Story2 will make commercially reasonable efforts to schedule a make-up lesson at a time that is convenient for you; however, Story2 cannot guarantee a make-up lesson will be scheduled. If a lesson is cancelled by Story2 and is not rescheduled, a prorated refund will be granted to you.
II. INDEPENDENT CONTRACTORS
Story2 reserves the right to provide the Services to you through one or more independent contractors. Any independent contractors that provide Services to you pursuant to this Agreement are not employees of Story2. In the event that any of the Services are provided to you by one or more independent contractors, you agree that such independent contractors shall be solely responsible for the delivery and quality of the Services so provided and any action to enforce a breach of the terms of this agreement by any such independent contractor shall be brought solely against such independent contractor. Story2 shall not be responsible for any acts or omissions of any independent contractors who provide Service to you. Story2 hereby expressly disclaims any and all liability, to the maximum extent permitted by law, resulting from the actions or inactions of any independent contractor who provides Services to you pursuant to this Agreement.
IV. YOUR ACCOUNT INFORMATION
It is your responsibility to maintain the confidentiality of your account information and you are responsible for all use of the Site through your account information. You agree to notify us immediately of any unauthorized use of your account or any other actual or suspected breach of Site security.
V. PHOTOGRAPHY AND RECORDING
We record our courses and coaching Sessions for training purposes. By participating in a Story2 course or coaching Session, you agree to allow Story2 to record your participation by audio and video means and to use your photos, videos and recordings on our web site and in our training and marketing materials. We will make commercially reasonable efforts to contact you in advance if we plan to include your photos or videos in marketing materials. If you prefer not to have your photo, video or audio recordings included please send your request to firstname.lastname@example.org.
VI. AGE RESTRICTIONS
Story2 wants to ensure that students have a safe online learning experience. Towards that end, this Site is solely for the use of students, age 13 and older, as well as their parents and schools. If you are under age 13, you may not use the Site. If you are at least 13 years of age, but under 17 years of age, you must have a parent’s or guardian’s consent to participate in Story2 courses or coaching Sessions. By participating in Story2 courses or coaching Sessions, you agree that you have received your parent or guardian’s consent to participate.
VII. YOUR CONTENT
“Your Content” refers to all information, data, text, video, audio, images and other materials and content you upload to the Site or provide to us in the course of our performance of the Services. You are the sole owner of Your Content. You agree that we may use Your Content for the purposes of providing the Services to you, including, without limitation, to provide feedback and coaching to assist you with completing your college application essays and supplements. You represent to us that you have the right to provide us with Your Content and any other information you provide to us and that Your Content is not illegal. If someone sues us or makes any other claim against us (or any of our employees, directors, independent contractors, agents or affiliates or any other users of the Site or the Services) because you have provided us with Your Content or other information that you are not authorized to provide, or if Your Content is illegal or causes injury to any person or company, you agree that you will pay any damages, losses or costs that we (or they) incur as a result of the suit or claim and, if we request it, you will defend us against the suit or claim. Your Content may not contain any software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the services, that may impact the ability of any user to access the services or that may cause harm to our or any users’ software or systems.
We are not responsible for storing or backing up Your Content. We encourage you to ensure Your Content is backed up at another location. We are not responsible if Your Content is lost for any reason.
VIII. YOUR CONDUCT
Subject to the provisions of this Agreement, you may use the Site and the Services only in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, when using or uploading Your Content to the Site or otherwise providing it to us the following requirements and prohibitions apply:
If you choose to provide us with information, it must be accurate and up-to-date.
You are prohibited from impersonating another person while using this Site and/or the Services.
You may not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that:
contains viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity;
unless you have our written permission, promotes or endorses any company or person, any product or service or any charitable cause;
refers to a URL of a website that competes with the Site or that contains, depicts or promotes illegal content, materials or activities;
contains or requests personally identifiable information; or
is abusive, illegal, libelous, defamatory, obscene, threatening or otherwise unacceptable to us, in our sole discretion.
IX. NON-SOLICITATION AGREEMENT
By becoming a Story2 customer, you agree that you will not solicit for employment, hire or engage as an independent contractor or permit any organization directly or indirectly controlled by you to solicit for employment, hire or engage as an independent contractor, any person employed by Story2 at any time during the term of Story2’s provision of Services to you. Any additional services desired of a Story2 employee may be requested through Story2 at email@example.com.
X. CHATROOM / MESSAGE BOARDS / SOCIAL MEDIA
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Story2, and Story2 shall not be liable for any of the content or subject matter of any Posting. In no event shall Story2 assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information contained in such Postings, and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information. You hereby authorize Story2 to use, and to authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone or together or as part of other material of any kind or nature. Without limiting the foregoing, Story2 will have the right to use and change the Postings in any manner that Story2 may determine. Additionally, Story2 may, but shall not be required to, sweep or monitor its chatrooms and/or message boards periodically in its sole discretion, and Story2 reserves the right to refuse to post, edit or delete messages that violate these rules, as well as revoke the privileges of users who do not comply with such rules. Story2 does not allow Postings that contain:
Private or personal information which might identify a user;
Profanity or obscenities;
Personal attacks on other individuals;
Links to third-party websites or online services; or
Slanderous, defamatory, obscene, pornographic, threatening and harassing comments and/or other information that Story2 deems in its sole discretion to be inappropriate for this Site.
The chatrooms/message boards/social media may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to firstname.lastname@example.org. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
XI. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site and Services software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Story2 and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Story2 hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site or otherwise used in connection with the Services, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Story2. Use of Story2 and/or its licensors’ Material is only permitted with our express written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Story2 operates and controls this Site from its offices indicated at http://info.story2.com/contact. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
XII. COPYRIGHT COMPLAINT POLICY
Story2 takes protection of copyrights, both our own and others’, very seriously. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials or Postings and for the termination, in appropriate circumstances, of users of our Site and/or Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the materials or Postings on our Site that you claim are infringing and that you request us to remove; (d) sufficient information to permit us to locate such Postings or material; (e) your address, telephone number and email address; (f) a statement that you have a good faith belief that use of the objectionable materials is not authorized by the copyright owner, its agent or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at: email@example.com
XIII. SECURITY OF SITE
Story2 has implemented reasonable technical and organizational measures designed to deter unauthorized access to and use, destruction, modification or disclosure of personally identifiable information we collect via the Site. Regardless of the precautions taken by us or by you, no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to us and you provide all personally identifiable information via the Site and/or the Services at your own risk. You are responsible for maintaining the security of your user profile information, including your password and any and all activities that occur under your account. Do not share this information with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your personally identifiable information from subsequent users.
XIV. LINKS TO THIRD PARTY SITES
Story2 may from time to time provide links to other websites that may have their own information collection practices. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Story2, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and Story2 does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Story2 is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Story2 nor its subsidiaries, affiliates, assigns or licensors will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Story2 will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
XV. ADS AND MALWARE
We take great care and pride in creating the Site. If we find technical glitches that effect how the Site works, we will use commercially reasonable efforts to fix them. We are not responsible or for or able to control any technical issues with the Site that are caused by your home computer which may affect how you see our Site. If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we work with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. Please note that we not are responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the “Help” or “Customer Support” areas of any software download site. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at info@Story2.com.
XVI. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, THIS SITE, AND ALL MATERIALS CONTAINED ON IT, ARE PROVIDED, DISTRIBUTED AND/OR TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STORY2 IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE AND/OR THE SERVICES OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE OR PROVIDED IN CONJUNCTION WITH THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. WITHOUT LIMITING THE GENERAL DISCLAIMER ABOVE, STORY2 HAS MADE AND MAKES NO REPRESENTATIONS AND/OR WARRANTIES REGARDING THE SUCCESS OR OUTCOME OF THE SERVICES PROVIDED BY STORY2 HEREUNDER. YOU AGREE THAT YOU WILL NOT HOLD STORY2, ITS OFFICERS, EMPLOYEES, EDITORS AND/OR REPRESENTATIVES LIABLE FOR ANY DENIED ADMISSIONS TO ANY UNDERGRADUATE, GRADUATE OR PROFESSIONAL PROGRAM. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STORY2, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD-PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS CONTAINED ON THIS SITE OR PROVIDED IN CONJUNCTION WITH THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Story2 OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall Story2’s liability to you for any and all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site and receiving the Services.
You agree to indemnify, defend and hold harmless Story2, its subsidiaries, affiliates, assigns and licensors and their respective officers, directors, employees, agents, licensors, representatives and third-party providers to the Site from and against all losses, expenses, fines, penalties, damages and costs, including reasonable attorneys’ fees, resulting from: (i) any Postings or other materials or information you upload or transmit to the Site or otherwise provide to Story2, including any unauthorized information about third parties that you may provide: (ii) any use of the Site or Services; and (iii) any violation of this Agreement by you. Story2 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Story2 in asserting any available defenses.
XVIII. APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and Story2 shall be governed by the laws of the State of New York without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to the use of the Site, the Services or the Agreement within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.
XIX. NO ASSIGNMENT
None of your rights or obligations under this Agreement may be assigned, delegated or otherwise transferred, whether by agreement, operation of law or otherwise, without the express prior written consent of Story2. Any attempt to assign, delegate or otherwise transfer any of your rights or obligations hereunder without such consent shall be void.
XX. CUSTOMER SERVICE
Story2 customers may email us their questions, comments or concerns about this Agreement, our practices or our Site and/or Services. Please email specific questions to firstname.lastname@example.org.