Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by Cram Fighter, acceptance is expressly limited to these terms. The Platform is available only to individuals who are at least 13 years old.
Your Chipper Account. If you create a study schedule on the Platform, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Cram Fighter of any unauthorized uses of your account or any other breaches of security. Cram Fighter will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Users. If you create or upload Content, such as, but not limited to, your study schedule or custom study materials to the Platform, You are entirely responsible for the content of, and any harm resulting from, that Content. You may only upload Content that you have the right to use and you may only use it in the manner for which you have those rights.
Private Files. If you upload Content to the Private portion of your account, Cram Fighter will use industry standard security measures to maintain the privacy of that Content and make it available only to Platform administrators (solely for purposes of maintaining the Platform) and through your account.
Public Files. By making Content available in the public portion of the Platform, you represent and warrant that:
By submitting Content to Cram Fighter for inclusion on the public portion of the Chipper Platform, you grant Cram Fighter a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, even if you no longer use the Platform.
Without limiting any of those representations or warranties, Cram Fighter has the right (though not the obligation) to, in Cram Fighter’s sole discretion (i) refuse or remove any Content, whether in the public or private portion of the Platform, that, in Cram Fighter’s sole opinion, violates any Cram Fighter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in Cram Fighter’s sole discretion. Cram Fighter will have no obligation to provide a refund of any amounts previously paid.
General Terms. One-time Prepaid Plans and recurring Subscription Plans are available on the Platform. By selecting a Plan you agree to pay Cram Fighter the one-time, monthly, or annual subscription fees indicated for that Plan. Payments will be charged on a pre-pay basis, via credit or debit card, on the day you sign up for an Subscription and will cover the use of that service until the user Prepaid Plan expires or the user cancels the Subscription Plan. Plan fees are not refundable.
Automatic Renewal (Subscription Plans Only). Unless you notify Cram Fighter before the end of the applicable subscription period that you want to cancel a Subscription Plan, your Subscription Plan will automatically renew and you authorize us to collect the then-applicable annual or monthly fee for such Subscription Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription Plans can be canceled at any time in the Account section of the Platform.
Responsibility of Platform Visitors. Cram Fighter has not reviewed, and cannot review, all of the material posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Platform, Cram Fighter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cram Fighter disclaims any responsibility for any harm resulting from the use by visitors of the Platform, or from any downloading by those visitors of posted content.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Chipper links, and that link to Chipper. Cram Fighter does not have any control over those non-Cram Fighter websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cram Fighter website or webpage, Cram Fighter does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cram Fighter disclaims any responsibility for any harm resulting from your use of non-Cram Fighter websites and webpages.
Automated or Manual Scraping of Data Prohibited. Cram Fighter has put significant effort to gather the content on the Platform. You are prohibited from collecting the content, including, but not limited to, task suggestions, course information, and all other material provided by this Platform using an automated process or manually. Collecting the study material to provide data for a similar and/or competing service is absolutely prohibited.
Use for Other Than the intended Purpose. The Chipper Platform is intended for private use by members to assist them in preparing for certain coursework (the "Intended Purpose"). You are prohibited for using it for any other purpose, and particularly, without limitation, you are prohibited from copying and/or using the material on this Platform to prepare, create or assist in the creation of any materials that would be used in any way to compete with the business of Cram Fighter. Cram Fighter does not give a license or permission for anyone to use any material from this Platform for anything other than the Intended Purpose.
Copyright Infringement and DMCA Policy. As Cram Fighter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Chipper violates your copyright, you are encouraged to notify Cram Fighter at the following address: firstname.lastname@example.org or 281 Summer Street, 2nd Floor, Boston, MA 02210. Cram Fighter respects that intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Platform, please provide the following information, pursuant to 17 U.S.C. §512(c)(3):
Cram Fighter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cram Fighter will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cram Fighter or others. In the case of such termination, Cram Fighter will have no obligation to provide a refund of any amounts previously paid to Cram Fighter.
Intellectual Property. This Agreement does not transfer from Cram Fighter to you any Cram Fighter or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cram Fighter. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Cram Fighter or third-party trademarks.
Advertisements. Cram Fighter reserves the right to display advertisements on the Platform. Advertisers and sponsors are responsible for ensuring that their material on the Platform is accurate and complies with applicable laws. You agree that Cram Fighter shall not be responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. You also agree that Cram Fighter shall not be responsible or held liable for loss, damage or disputes resulting from dealing with advertisers or advertisements on this Platform.
Affiliate Links. Cram Fighter reserves the right to display affiliate links to products on the Platform.
Referral program. There is a limit of one Unique Referral Link per person. You can send this link to as many people as you wish. Referral discounts cannot be combined with other discounts. Cram Fighter reserves the right to void referrals and rewards earned if it suspects that the referrals or rewards were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Cram Fighter. Failure to comply with any of the Terms or any fraud or abuse relating to the accrual of rewards under the Referral Program by you may result in the immediate termination of your participation in the Referral Program. Cram Fighter reserves the right to modify the amount of the rewards, when the rewards are paid out, and the limit you can earn through the Referral Program.
Changes. Cram Fighter reserves the right, at its sole discretion, to modify or replace any part of the Platform and/or this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Cram Fighter may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. If you violate the terms of this Agreement, Cram Fighter may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Chipper account (if you have one), you may simply discontinue using the Platform, but Cram Fighter shall not be required to refund to you any subscription fees you have paid. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Platform is provided “as is”. Cram Fighter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cram Fighter nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
In particular, but without limitation, Cram Fighter does not warrant or guarantee that by the use of this Platform you will pass any particular courses or examinations or that the results of your courses and examinations will be as you expect. This Platform does not offer professional advice or professional education. While Cram Fighter believes, in good faith, that this Platform is an effective study aid, you understand and acknowledge that you are ultimately and solely responsible for your performance on any course or examination.
Limitation of Liability. In no event will Cram Fighter, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cram Fighter under this agreement during the twelve (12) month period prior to the cause of action. Cram Fighter shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Cram Fighter, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Cram Fighter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cram Fighter, or by the posting by Cram Fighter of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cram Fighter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.