How To Study Smart, LLC
Shovel App, (Shovel)
Terms of Service (Updated 4/28/2020)
These terms of service (the “Terms”) govern your access to and use of the (“we” or “our”) website, howtostudyincollege.com and Shovel App, collectively referred to as the “Services”, so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Description of Service
We provide online software to help students better manage their time and workload in college. The app allows students to set up all of their activities on a calendar that calculates the time used for each and time left for study. The app then allows students to enter information from their class syllabi and estimate the time it takes to perform each task. The app compares estimated time with time available and shows the student if they have sufficient time to get things done. The app is a software service that is accessed using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Service.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign Up Obligations
The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if How To Study Smart has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, How To Study Smart, LLC may terminate your user account and refuse current or future use of any or all of the Services.
Content which you have uploaded or inputed in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share Content unless you have the right to do so. You, not How To Study Smart, LLC, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Services.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized acts and/or use of your user account, or otherwise. You should immediately notify How To Study Smart, LLC of any unauthorized use of your account.
Personal Information and Privacy
Communications from How To Study Smart, LLC
The Service may include certain communications from How To Study Smart, LLC, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages via email or in app notifications that are necessary for the use of your Shovel App. Opting out off all communications requires termination of your Account.
You have the right to terminate service at any time. We do not offer partial refunds for any unused time that you may have already paid for. There is no way to restore your data once your subscription has been cancelled. You understand that upon termination, you will not have access to the Services and certain Services may not work. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. If we suspend or terminate your use, we will try to notify you in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Improper or Illegal Activities
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant How To Study Smart, LLC a license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for How To Study Smart, LLC’s commercial, marketing or any similar purpose. But you grant How To Study Smart, LLC permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
How To Study Smart, LLC may provide sample syllabi or other college study related materials for the purpose of demonstrating features and how to use the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. How To Study Smart, LLC makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that How To Study Smart, LLC will have the right to block access to or remove such content made available by you, if How To Study Smart, LLC receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by How To Study Smart, LLC for this purpose.
How To Study Smart, LLC, the Shovel logo, the names of individual services and their logos are trademarks of How To Study Smart, LLC. You agree not to display or use, in any manner, the How To Study Smart, LLC trademarks, without How To Study Smart, LLC’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ASIS AND AS AVAILABLE BASIS. HOW TO STUDY SMART, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOW TO STUDY SMART, LLC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM HOW TO STUDY SMART, LLC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT HOW TO STUDY SMART, LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HOW TO STUDY SMART, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HOW TO STUDY SMART, LLC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL How To Study Smart, LLC’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless How To Study Smart, LLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by How To Study Smart, LLC.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of New Hampshire and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, How To Study Smart, LLC may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days.
We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding our Terms of Service, please contact us. We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity.
How To Study Smart, LLC.
103 Boxwood Path. Portsmouth, NH 03801