Terms of Use




Last Modified: 5/19/2023

Acceptance of the Terms of Use

These terms of use are entered into by and between you and ScholarGPS® (together with its affiliates, including Meta Analytics LLC, “ScholarGPS®,” "Company," "we," “our” or "us"). These terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Use"), govern your access to and use of all ScholarGPS® websites, applications, services, and products that post a link to these Terms of Use, including ScholarGPS.com, and any content, reports, data, tools, materials, functionality, and services offered on or through ScholarGPS.com (together, the "Website" or the “Services”), whether as a unregistered user or registered user (including subscriber) (a “User”). If the User is acting on behalf of an entity, then “User” includes such entity's affiliates, representatives, agents, employees, and contractors, and the User acting on behalf of the entity represents that they have authority to agree to these Terms on behalf of the foregoing parties. Please read the Terms of Use carefully before using the Website.

By registering, accessing, or using the Website, you accept and agree to enter into a legally binding agreement with ScholarGPS® and to be bound by and comply with these Terms of Use, our Privacy Policy, our Cookie Policy, and any guidelines, policies, and additional terms or disclaimers that may be posted on the Website, each of which are incorporated herein by reference. Do not register, access, or use the Website in any way if you do not agree to and comply with these Terms of Use. The collection, use and disclosure of your information are subject to these Terms of Use, including the Privacy Policy and Cookie Policy (and any other documents reference in the Privacy Policy).

Please read the ScholarGPS® FAQs, found at https://scholargps.com/faq.php, for detailed information on the Website, including its features, sources of information, rankings, publications, scholar profiles (including your ability to claim and make changes to certain information on the Website related to you).

Subject to applicable law, you agree that we can provide notices and messages to you as follows: (1) send to the contact information you have provided us, or (2) within the Website. You agree to keep your contact information up to date at all times.

Amendments

From time to time and in our sole discretion, we may revise and update these Terms of Use with all changes effective immediately when we post them. We will provide you notice through the Website if we make material changes. However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. You should check this page each time you access the Website to be aware of any changes. Your continued use of the Website after we publish a revised Terms of Use or notice about our changes means that you agree to and accept the revised terms as of their effective date. If you do not want to agree to any changes, you may terminate and close your account, and should no longer access the Website in any form or shape. This Agreement shall be effective as of the date (the "Effective Date") the earlier of (i) the date the User accepts the terms herein or (ii) the date the User first accesses, downloads or uses any of the Services on the site, and shall remain in effect for so long as the User uses or accesses any of the Services (the "Term”), provided that the terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Disclaimer of Warranties and Liabilities and Other Terms, shall survive termination. If you maintain any information from the Website following the Term, you will continue to be subject to the Ownership; Use; Your Responsibilities provisions set forth in the Terms of Use.

Website Access (with or without registration) and Account Security

Any subscription plan (including the services, products, and information provided in connection with such subscription) is effective until it expires, we terminate it, or until you provide notice to us to terminate the subscription in accordance with the applicable Subscription Terms. You must register with the Website to claim your scholar profile or to purchase a paid subscription. You can access certain information on the Website as a visitor if you choose not to register. You will be subject to the Terms of Use whether you register or only access the Website as a visitor. All information you provide on the Website and to ScholarGPS®, including your registration information, must be current, accurate, and complete. You must inform us of any changes to such information. To use or access the Website, you must be the “Minimum Age,” which means the greater of 16 years old or the age legally required in order for the Website to lawfully provide you with services without parental consent (including using your personal data, as defined in applicable law). Creating an account with any false information is a violation of our Terms of Use, including accounts registered on behalf of others or persons under the Minimum Age. Please see Plans and Pricing for a summary of our various subscription plans and features for Users.

Each registration is for a single individual only. Multiple users must not share a single account. As a User, you will be asked to create a username, password, and potentially other information for security procedures (“login credentials”). You agree to keep your login credentials confidential, use a strong password, and exit your account at the end of each session. You further agree not to share your login credentials or allow anyone else to access the Website using your credentials and other security information. You must use caution when accessing your account from a public or shared computer, and you agree to log out of your account at the end of each session and ensure that your login credentials were not saved on such computer. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your login credentials or any other security breach.

ScholarGPS® will not be liable if all or any part of the Website is unavailable at any time or for any period of time. From time to time and in our sole discretion, we may restrict a User's access to some parts of the Website, or the entire Website. We reserve the right in our sole discretion to withdraw, suspend, discontinue, or amend the Website (and any service or information provided on the Website), or its availability to you, at any time without notice. Use of the Website requires compatible devices and internet access. ScholarGPS® reserves the right to block a scholar or institutional profile, and/or any associated scholar or institutional rankings, as it deems appropriate in its complete discretion. User agrees that meeting these requirements, which may change from time to time, is the User's responsibility.

Subscriptions and Payment

All subscriptions purchased by you on our Website are also governed by our Subscription Terms (“Subscription Terms”), which are hereby incorporated into these Terms of Use. If you purchase our paid subscription services, you agree to pay the applicable fees and taxes, and to the additional terms specific to those paid subscriptions. You can find invoices for your paid subscription on your account page. Failure to pay the fees owed within 7 days of the date they are owed will result in the termination of your subscription. You further agree that we may store and continue billing your payment method even after it has expired to avoid interruption in your subscription services. Your payment method will be charged automatically at the beginning of each subscription period for the fees and taxes applicable to that subscription period. You should cancel before the renewal date if you want to avoid future charges. You agree that your paid subscription may be subject to foreign exchange fees or price differences based on locale (i.e., foreign exchange rates). Taxes may be calculated based on the billing information you provide when you purchase your paid subscription. Please ensure we have up-to-date contact and billing information for your subscriptions.

Ownership; Use; Your Responsibilities

The Website and its contents, features, and functionality (including but not limited to text, design, software, text, displays, user and visual interfaces, images, scripts, rankings, graphics, profiles, video and audio, computer code, layout, rankings and other information), are owned by ScholarGPS®, its licensors, content providers or other service providers and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

'ScholarGPS®', the ScholarGPS® logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ScholarGPS® or its affiliates. Such marks may not be used without the prior written permission of ScholarGPS®. All other names, logos, designs, service names, and slogans on the Website are the trademarks of their respective owners.

As a registered User of the Website, ScholarGPS® grants to you a non-transferable, non-exclusive and revocable license to use the Website according to Terms and Conditions and any other documents governing your purchased subscription, service or license, if applicable. Any license granted to you to use the Website is effective until it expires, until ScholarGPS® terminates it, or until you provide written notice to ScholarGPS® of your decision to terminate it. Your rights under the license will terminate automatically, and we will disable your account without notice to you if you fail to comply with the provisions of these Terms and Conditions. Upon termination of the license for a breach, you shall cease all use of the Website. Any information from the Website you maintain in your records following the termination shall continue to be subject to applicable Terms of Use relating to using such information.

All use of the Website (including use of the reports, data, graphics, images, tables, profiles, rankings, and other content on the Website) must fully comply with the Terms of Use. These Terms of Use permit you to use the Website for your personal, scholarly, research and non-commercial purposes only. You must not (1) upload, copy, publish, download or redistribute the Website in its entirety or any lengthy sequence, including but not limited to creating an archive of any Website content or materials, and (2) reproduce, distribute, modify, publish, transmit, create derivative works from, sell, license, publicly display, republish, or transmit any part of the Website (including any of the profiles, rankings, content, materials or services obtained from the Website) in any medium, except as expressly permitted under the Terms of Use, any relevant license or subscription agreement entered into with ScholarGPS® or as follows:

You must not:

If you use any part of the Website in breach of the Terms of Use, your right to use the Website will immediately cease, and at our option, you must return or destroy any copies of Website materials. No right, title, or interest in or to the Website or any content on the Website is granted to you, and ScholarGPS® reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark and other intellectual property laws.

You agree to comply with applicable laws and regulations applicable to your use of the Website. Use of the Site for any purpose that is unlawful, not in accordance with these Terms of Use, or in any manner that could exceed your authorized access or otherwise damage, disable, overburden, or impair the operation of the Website (including the server the Website is on, or any server, computer, or database connected to the Website) or any other person's use of the Website is strictly prohibited.

You are aware that unlawful conduct may result in civil or criminal liability. We will investigate occurrences that involve such violations or potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting those involved in such violations.

Content Provided by Users

The Website may contain personal web pages or profiles, and other interactive features (collectively, "Interactive Services") that allow Users to upload, edit, post, submit, publish, display or transmit to other Users (hereinafter, "post") content or materials on or through the Website via a User's personal scholar profile (collectively, "User Contributions"). Once a User registers and claims his or her scholar profile, such User can make certain updates or changes to the profile, and other than a User's phone number and email address (which a User can provide and choose to have remain private), all information on the User's scholar profile is viewable by all other Users. Please see the FAQs at https://scholargps.com/faq.php for specific details on what information a User can update or change on their personal profile. Certain types of information on a User's profile cannot be edited or may require approval by ScholarGPS®.

All User Contributions must comply with these Terms of Use. Any User Contribution you post or request be posted to your scholar Profile on the Website will be considered non-confidential and non-proprietary (other than information that we note will be treated confidentially in these Terms of Use). You retain ownership of your intellectual property rights in any User Contribution. By providing any User Contribution on the Website, you grant ScholarGPS® and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to publish, post, reformat, modify, index, archive, display, make available, link to and otherwise use such User Contribution (other than information we note will be treated confidentially in these Terms of Use) in all forms and media, in connection with the operation of our business and the Website and to permit third parties to do so for any purpose.

You represent and warrant that: (i) you own or control all rights in the User Contributions and have the right to grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the license granted above, (ii) all of your User Contributions are correct and accurate, and that you do and will comply with these Terms of Use, and (iii) your User Contributions are not illegal, do not violate or infringe upon the rights of any other person, are not defamatory, abusive or hateful, and do not contain errors, viruses or other harmful components.

We have the right to (i) disclose your identity or other information relating to you to any third party who claims that material posted by you violates their rights (including their intellectual property rights or right to privacy), (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (iii) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

We are under no obligation to display or otherwise use any User Contribution you may provide, and we may remove, edit or refuse to post any User Contribution at any time in our sole discretion, including if we believe the User Contribution violates the Terms of Use or any of the Website's content standards, infringes upon the intellectual property or others rights of a third party or could create potential liability for ScholarGPS®.

ScholarGPS® has the right, but not the obligation, to monitor User Contributions to determine compliance with the Terms of Use and to satisfy any law, regulation, or authorized government request. You understand and agree that you are responsible for any User Contributions you submit or contribute. You, not ScholarGPS®, have full responsibility for such content, including its legality, appropriateness, reliability, and accuracy. We are not responsible or liable to you or any third party for the content, accuracy, or compliance with applicable laws of any User Contributions posted by you or any other User. We do not undertake to review all User Contributions before they're posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section. ScholarGPS® does not endorse any particular Users, scholars, or entities.

Without limiting the foregoing, we have the right to cooperate with law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SCHOLARGPS AND ITS AFFILIATES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A RESULT OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Standards for User Contributions

These content standards (“Content Standards”) apply to all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Notification of Copyright Infringement

We respect the intellectual property rights of others and desire to offer a Website that contains no content that violates those rights. Our Terms of Use require that User Contributions be accurate, lawful, and not in violation of the rights of third parties. To promote this, we utilize a complaint submission process for complaints concerning User Contributions. Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant's contact information, to the User who posted the content and/or take other reasonable steps to notify the User that we have received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

If you believe that any User Contributions violates copyright, please notify us via email to ScholarGPS. Any notice or counter-notice you submit must be truthful, accurate and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may want to seek legal counsel advice prior to submitting a notice or a counter-notice.

Claims regarding copyright infringement

Notice:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the designated agent to receive notices of claimed copyright infringement is ScholarGPS. If you believe in good faith that your copyright has been infringed, you may provide a written communication that contains:

Counter-Notice:

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication that contains:

Please submit your Counter-Notice to ScholarGPS.

Your notice or counter-notice will be reviewed once you've provided all requested information and signed it. Please make sure that the notice or counter-notice is legible; if we cannot read your handwriting, we will not be able to process it.

Links to and from the Website

The Website may contain links to third-party sites and resources. These links are provided for your convenience. We neither endorse nor have control over the contents of those third-party sites or resources and do not accept any responsibility for them (or for any loss or damage arising from your use of them). By accessing any third-party sites linked from the Website, you agree that you are doing so at your own risk, and you understand that you will be subject to the terms of use for such third-party websites.

As a Registered User, you have the ability for social media purposes to link to either our homepage or your personal scholar profile that you have already claimed, provided you do so in a way that does not imply any sponsorship, approval, or endorsement by ScholarGPS® or the Website. The website you link to must comply with the Content Standards in these Terms of Use. Without ScholarGP's express prior written consent, you may not cause the Website or portions of it to be displayed, or appear to be displayed by any other site (for example, you may not frame, deep link or in-line link). You may link to the Website homepage or your personal scholar profile that you have claimed provided that (i) you do so in a manner that is fair and legal, and not inconsistent with any other provisions of these Terms of Use, and (iii) you do not use on your site any trademarks, service marks or copyrighted materials appearing on the Website without the express written consent of the owner of the mark or right. You agree to cooperate with us to cause any unauthorized linking to cease immediately. We reserve the right to withdraw linking permission at any time without notice.

Privacy

ScholarGPS® collects information from and about you when you use the Website. Please see our Privacy Policy for information about how we collect, use, and disclose information from and about you. Please also see our Cookie Policy for information about our use of cookies and similar technologies.

Reliance on Information Posted

The contents of the Website are made available solely for general information purposes. We do not warrant the usefulness, accuracy, or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on our Services by you or any visitor to the Website, or by anyone who may be informed of any of its contents.

No universal or generally agreed-upon scholarly ranking model or metrics define outstanding scholarly performance. Therefore, no quantitative indicators or parameters can be identified that will simultaneously satisfy all expectations and/or requirements that could be included in scholarly ranking models. There are a variety of metrics that can be used to evaluate scholars, and applicable metrics and indicators may vary by Discipline. ScholarGPS® uses only one set of metrics and indicators across all scholars and Disciplines. Users should refrain from construing a lower score ranking on the Website as representative of inferior performance or lower stature in the community of scholars. Users should be aware that ScholarGPS® provides only one set of data and that other kinds of indicators, factors and metrics not provided on this Website that may be applicable are excluded. ScholarGPS® metrics uses traditional scholarly ranking metrics, which may not apply to all Fields and Disciplines. See Ranking Terminology and Methodology for specific details on the ranking methodology used on the Website. ScholarGPS® does not include metrics relating to the quality of teaching, outreach activities, or dissemination of scholarly works outside of written publications (such as exhibitions, performances, art, and musical composition). Users that are administrators or employers should allow scholars within their institutions or firms to review, correct, and supplement their personal scholar profiles and the information used for rankings prior to any review of the information by such User. In addition, Users are required to obtain the approval of the applicable scholar before using the rankings or scholar profiles provided on the Website in any form or shape for any type of publicity, marketing, evaluation, or decision-making, including but not limited to those relating to employment, hiring, termination, tenure, promotion, awards and recognitions, grants, contracts, and funding.

This Website includes content derived from public sources and provided by third parties, including materials provided by other users, licensors, and/or reporting services. These materials do not necessarily reflect the opinion of the ScholarGPS®. We are not liable or responsible to you or any third party for the content or accuracy of any materials sourced from or provided by any third parties.

We update the content on this Website from time to time, but the content is not necessarily complete or up-to-date. Thus, the Website may be out of date at any given time, and we have no obligation to update such material.

Geographic Restrictions

The owner of the Website is based in the United States, and we do not claim that the Website is appropriate for use outside of the United States. Access to the Website may not be legal by certain persons or in certain countries outside of the United States. If you access the Website from outside the United States, you do so at your own initiative and are fully responsible for compliance with local laws.

Disclaimer of Warranties and Liability

You agree that we do not and cannot guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing and maintaining sufficient policies, procedures, and checkpoints to satisfy your particular requirements for information security, anti-virus protection, and data accuracy and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

We provide the Website using a commercially reasonable level of skill and care, but neither ScholarGPS® nor its licensors make any specific promises about the Website, including the content or any user contributions therein. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER SCHOLARGPS NOR ANY PERSON ASSOCIATED WITH SCHOLARGPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE RELIABILITY, SECURITY, COMPLETENESS, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SCHOLARGPS NOR ANYONE RELATED WITH SCHOLARGPS REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR FREE OR UNINTERRUPTED, THAT OUR SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ITEMS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

SCHOLARGPS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE (INCLUDING SCHOLAR RANKINGS AND PROFILES) OR SUCH OTHER WEBSITES OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. The Company does not claim responsibility for any third-party information, materials, or data that may be offered or provided or that is displayed on the Website, incorporated on the Website or accessible from the Website. Users must rely on their own experience, knowledge, and judgment in evaluating or applying the information they obtain from the Website, which remains their professional responsibility. In no event will ScholarGPS®, its affiliates, or their licensors, employees, members, partners, agents, officers, or directors be liable for any failure by any User to use due care in the use, reliance and validation of results made available through the Website or any opinions expressed on the Website. We are not providing any advice (legal, financial, or otherwise) by allowing you to access and use the Website. You are fully responsible for your interpretation of the content on the Website. We are not responsible for any action or damages resulting from any decision you make in reliance on the Website. We are also not liable for any actions taken or decisions made by you based on information obtained through the Website.

WE DO NOT DISCLAIM ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

Indemnification

You agree to defend, indemnify and hold harmless ScholarGPS®, its affiliates, licensors and service providers, and its and their respective officers, directors, members, partners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website (including use of the Website to make any decisions relating to employment, hiring, termination, tenure, promotion, awards and recognitions, grants, contracts and funding).

Other Terms

Export Controls

Where the Website (including the contents or any user contribution) consists of software that is subject to U.S., EU or any other Export Controls, you represent and warrants that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

Governing Law and Jurisdiction

You agree that any and all matters relating to the Website and the Terms of Use, and any dispute or claim related to or arising from the Website or these Terms of Use (including non-contractual claims or disputes), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any suit, proceeding, or action arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by ScholarGPS® of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of ScholarGPS® to assert a right, remedy or provision under the Terms of Use shall not constitute a waiver of such right, remedy or provision unless such waiver or consent shall be in writing and signed by the Company. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Cookie Policy and if applicable, the Subscription Terms, constitute the sole and entire agreement between you and ScholarGPS® with respect to the Website and supersede all prior understandings, agreements, representations and warranties, whether written or oral, with respect to the Website. Additional or superseding terms and conditions may apply to purchases of certain services, licenses and subscriptions from ScholarGPS®. If there is a conflict between these Terms and Conditions and the terms and conditions provided for or applicable to a service, license or subscription you purchase from ScholarGPS®, the latter will control.

Notices and Electronic Communications

You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Comments and Concerns

This website is operated by:
ScholarGPS
6230 Wilshire Boulevard
Ste A PMB 2234
Los Angeles, CA 90048 USA

All notices of copyright infringement claims should be sent to our copyright agent ScholarGPS and by the means set forth herein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: ScholarGPS.