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Effective: February 24, 2009.

Welcome to GlobalScholar.com!

GlobalScholar (“GlobalScholar,” “us”, “our” or “we”) provides you this website and online service subject to the following GlobalScholar Terms and Conditions of Use (“Terms”). By accessing or using the GlobalScholar services, site and software provided through or in connection with the service (collectively, the "Service"), you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service. However, you need to be a registered user to take full advantage of the Service. After you’ve read these Terms and related policies, you’ll need to check a box to let us know you agree (and by doing so, you are confirming your agreement to these Terms and confirming that you can lawfully enter into and form contracts under applicable law). Once you accept, this becomes a binding contract between GlobalScholar and you regarding your use of the Service. If you do not wish to be bound by these Terms, do NOT register or use the Service.

1. Registering with GlobalScholar

• Eligible Users.  If you are 13 years old and over, you will need to provide personal information (such as your full name, birth date, and email address) and a password to create your Account. While you are using the Service your first name and first initial of your last name will be displayed. To protect the privacy of your Account, we will create and display an alias email address on the Service which will automatically forward messages to and from your real email account.
• Children Under the Age of 13.  If you are under the age of 13, you cannot register without the permission of your parent or legal guardian who is at least 18 years old (“Parent”). You will need your Parent to create a GlobalScholar account (“Account”) for you. In order to create your Account, your Parent must be a registered user on the Service so that your new Account can be linked to his or her Account.
• School District Pre-Enrolled and Community College Pre-Authorized Users.  If you are using GlobalScholar in connection with your local school coursework, you’re in luck! You don’t need to complete a registration process or even read the rest of this page. Stop reading and just follow the instructions given to you by your teacher or administrator.

2. Account Obligations

When you register with our Service, you agree to give us accurate, current, and complete information about you. To make sure we have your latest information, you also agree to update your information if there are any changes. You acknowledge that we can (and we will) rely upon all the information that you give us.

Once you have set up your Account, you are solely and fully responsible for:

• maintaining the confidentiality of your User ID and password;
• immediately notifying us of any unauthorized use of your User ID or password and any other breach of security involving your Account;
• evaluating and selecting the third parties with whom you interact using the Service; and
• all usage, transactions, activities, charges, and liabilities associated with your Account including any unauthorized charges made on or through your Account until you notify us that your User ID and/or password has been compromised.

Parent-Child Accounts.  If you are a Parent who created an Account for your child that is linked to your Account, you are also fully responsible for (a) all of your child’s activities on the Service; (b) monitoring and controlling your child’s use of the Service; and (c) the consequences of any misuse. The use of the Service by any child under the age of 13 will be governed by and subject to the terms of our Children’s Privacy Policy.

Teaching on GlobalScholar.  If you want to offer educational Content, classes or tutoring services (“Course(s)”) through the Service at any time, you need to complete the application process to become an “Instructor” and will be subject to and responsible for complying with the Additional Terms and Conditions for the Instructor which is part of and incorporated into these Terms.

3. Ownership Rights to Content; License Grant

Whenever you submit, post or display any material (including text, audio, video, pictures, graphics, sound clips, and other works of authorship) (“Content”) on our Service, you represent and warrant that:

• you own all rights in your Content (or that you have acquired all necessary rights in the Content from the actual owner) to enable you to grant to us the rights to such Content;
• you have paid and will pay in full all fees and other financial obligations (if any) arising from the posting of your Content;
• you are the individual pictured, depicted or heard in your Content (or that you have obtained permission from each person who appears and/or is heard in your Content) to enable you to grant to us the rights to such Content; and
• your Content is not defamatory in nature, and does not infringe the intellectual property, privacy, publicity or any other legal or moral rights of any third party.

You retain ownership of all intellectual property and proprietary rights to any Content that you post on the Service.  However, by submitting, sending or otherwise making your Content available on or through the Service, you hereby grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to use, reproduce, distribute, and publicly display your Content in any form, media, or technology now known or later developed.  You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction.  You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act reasonably necessary or appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.  You acknowledge that the display of your Content for any period of time is sufficient consideration for the license granted herein to GlobalScholar.
You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. GlobalScholar is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that GlobalScholar shall not be liable for any damages you allegedly incur as a result of such Content.
You may choose to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is voluntary, and that GlobalScholar is free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any compensation to you. You acknowledge that, by acceptance of your submission, GlobalScholar does not waive any rights to use similar or related ideas previously known to GlobalScholar, or developed by its employees, or obtained from sources other than you.

4. Prohibited Content and Prohibited Conduct

Our Service is an open marketplace to learn and share knowledge. But we do have some rules.  If you break the rules, we reserve the right to disable your Account and remove your Content without notice.

You are NOT allowed to post to the Service any material or link that is or could appear to be “Prohibited Content,” which includes:

• untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
• infringing or alleged to be infringing upon a third party’s intellectual property rights (including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party);
• inside information, proprietary and confidential information, or any data that you obtained that was not authorized by the owner and that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• unsolicited, undisclosed or unauthorized advertising;
• software viruses 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;
• counterfeited, illegal, stolen, or fraudulent; and
• in violation of any applicable local, state, national or international law, regulation, or statute (including export laws and regulations governing the transmission or retransmission of technical data from the United States).

To ensure that the Service is only used and accessed for educational purposes, you agree NOT to engage in (or attempt to engage in) any “Prohibited Conduct,” which includes the following:

• contact or communicate with other users (especially Students) through means other than those provided on the Service unless you had a pre-existing relationship with such users outside of GlobalScholar;
• engage in Instructor/Student communications that are unrelated to learning or the subject of the relevant Course, including without limitation communications that solicit or disclose personally identifiable information such as full name, age and city of residence;
• access or use the Service in any way that is harmful, in violation of these Terms, or in any way that is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws);
• hack into, access, tamper with, or use services or areas of the Service that you are not authorized to access;
• alter, tamper, damage, or delete any information (such as postings, registration information, profiles, submissions or other communications) on the Service that are not your own;
• use any robot, spider, scraper or other automated means or interface not provided by us to access the Service, to extract data or to gather or use information (such as email addresses) available from the Service in order to transmit unsolicited advertising, “junk mail,” “spam,” “chain letters” or “pyramid schemes”;
• make it look like we have endorsed you or your Content for any purpose except as we have expressly permitted in writing;
• spoof or impersonate any person or entity, register under a false name, use an invalid or unauthorized credit card, or use another user’s Account;
• falsely state or misrepresent your affiliation with any person or entity;
• reverse engineer any aspect of the Service or do anything that might bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Service (except as otherwise expressly permitted by law);
• send to or otherwise impact the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient;
• interfere with another user’s transaction, disrupt the normal flow of communication, or otherwise act in a manner that negatively affects other users’ ability to access or use the Service or to engage in real-time exchanges or transactions;
• collect or store personal information about other users without their permission, or stalk or harass other users in any way; and
• take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.

5. Monitoring, Investigation and Enforcement

We have the right, but not the obligation, to monitor any activity and Content associated with this Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON OUR SERVICE.

By using this Service, you give us the permission to record all your communications through the Service.  If you are a Parent of a child user under the age of 13, you can request to have regular access to all records of your child’s communications and activities on the Service.

We may investigate any complaints or reported violations of these Terms.  At our absolute discretion, we reserve the right to take any of the following actions as we deem appropriate if you violate any of these Terms:

• contact you in connection with compliance and performance of our Terms and our other policies;
• suspend or terminate your Account;
• stop any purchase transaction;
• withhold funds or adjust your Account balance to account for any applicable fees or charges;
• prevent or restrict access to the Service or particular Content; and/or
• remove any prohibited Content on the Service.

We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. In order to cooperate with governmental requests, to protect our systems and users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted Content.  We will report illegal conduct to law enforcement and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.  We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Service.

6. Purchasing a Course

If you want to purchase any Course on the Service either for yourself or on behalf of your child, you must pay using any major credit card issued by a United States bank.  We may also request your billing address along with your credit card information.  If the payment is successful, your credit card will be charged for the full price of the Course either at the time of purchase or at the end of each session (for “pay-as-you-go” Courses which are based on the length of the session).  If we are unable to charge your card successfully, we will contact you using the contact information provided in your Account.  If your payment method fails, we may collect fees owed using other collection mechanisms (including charging other payment methods on file with us and retaining collection agencies and legal counsel).  You may not use the GlobalScholar cancellation/refund process to unjustly obtain Courses without paying the necessary fees or use your purchased Courses in any way that violates the Terms.

7. Cancellation Policy

Please see our Cancellation Policy which is part of and incorporated into these Terms, and which may change from time to time.

8. Reviews

You are asked to provide a review for each Course you took from an Instructor on the Service (“Review”).  You should use caution, good judgment and proper language when leaving a Review for an Instructor and restrict the scope of your Review to an Instructor’s teaching-related skills (i.e., communication skills, knowledge, patience, clarity, etc.).  What you post will become part of that Instructor’s record on the Service.  Instructors are not permitted to discuss Reviews with you or to make any comments or suggestions to you regarding any future or past Review.  Because we do not censor Reviews or investigate them for accuracy, we are not legally responsible for the remarks posted, even if those remarks are defamatory.

9. Privacy

Please see our Privacy Policy (which includes the Children’s Privacy Policy) which is part of and incorporated into these Terms.

10. Disclaimer of Warranties

While we’ll always do our best to make this Service fun, safe and easy, please be aware that you’re using it at your own risk!

THE SERVICE IS PROVIDED BY GlobalScholar ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EITHER EXPRESS OR IMPLIED) including implied warranties of merchantability, fitness for a particular purpose, implied warranties of title, non-infringement AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.  WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

• Instructors.  Although we require all users who want to offer Courses through the Service to complete an application and pre-screening process (including background checks where applicable), we do not guarantee and are not responsible for any user who is approved as an Instructor.  No information located on the Service should be interpreted as financial or investment, medical or health, or legal advice or interpreted to create any kind of financial advisor-client, doctor-patient, or attorney-client relationship between you and an Instructor.
• Content.  We have no control over and are not responsible for the quality, accuracy, legality or reliability of any information or services made on or through this Service by any user.  Any statements, services or Content posted by users are those of the respective users and NOT of GlobalScholar.  We do not endorse any Content on or linked from the Service from any user and make no warranties on behalf of any user. Some links on the Service lead to websites controlled by independent third parties.  We are not responsible or liable for your use of or access to such third party websites.  We do not intend any link from our Service to any user or third-party Content to be referrals or endorsements of the linked user or third party or any product or services of the linked user or third party.
• Service.  We control and operate the Service from our headquarters in the United States and make no representation that the Service is appropriate or available for use in other locations.  We neither guarantee secure or timely access and operation of the Service nor guarantee that your use will be uninterrupted, virus-free, and error-free.  We urge you to keep backup copies of your Content and other material that you maintain on or use with the Service.  We are not responsible or liable for loss of your Content or other material.

11. General Release and Indemnification

If you have a dispute with one or more users, you release us and our affiliates (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree that you will indemnify and hold harmless GlobalScholar and our affiliates (and their respective employees, officers, directors, agents, and representatives) from and against any and all claims or demands instituted by a third party, arising out of or related to your use of the Service, breach of these Terms or your violation of any law or the rights of a third party, including all costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees).

12. Limitation of Liability

You will not hold GlobalScholar responsible for other users’ actions or inactions, including Content they post.

IN NO EVENT WILL GlobalScholar OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (EVEN IF GlobalScholar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (B) ANY TRANSACTIONS YOU ENTERED INTO THROUGH THE SERVICE, (C) ANY GOODS OR SERVICES YOU SOLD OR PURCHASED THROUGH THE SERVICE, (D) ANY OF YOUR DECISIONS BASED UPON OR THE RESULTS OBTAINED FROM THE INFORMATION ON THE SERVICE, AND (E) ANY COMMUNICATIONS THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL GLOBALSCHOLAR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES UP TO $25, WHICHEVER IS GREATER.

13. Copyright Infringement; Designated Agent

We do not have any “digital rights management” or other security technology features to restrict someone else from copying and redistributing your Content.

We respect the intellectual property rights of others and request that all of our users do the same. If you believe that your work has been reproduced and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

• the electronic or physical signature of the owner of the copyright (or authorized representative);
• identification of the copyrighted work that you claim has been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
• your name, address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement may be reached at:

GlobalScholar
ATTN: Copyright Agent
1100 112th Ave NE
Suite 100 South Bldg
Bellevue, WA 98004
Phone: 1-877-824-4040
Fax: (425)646-5710
Email: legal@GlobalScholar.com

It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights and we also reserve the right to terminate any Account for even one instance of infringement.

14. Changes and Modifications to the Terms (including the Privacy Policy and Cancellation Policy)

We have the right to update or change these Terms (including the Privacy Policy and Cancellation Policy) at any time and for whatever reason.  We will prominently post on the Service the specific material changes to these Terms, and will endeavor to do so at least thirty (30) days before such changes take effect.

You are responsible for updating your personal information on your Account to provide us your current e-mail address.  In the event that the last e-mail address that you have provided us is either invalid or for any other reason incapable of delivering to you the notice described above, our dispatch of the e-mail containing such notice and prominent posting of the changes on the Service will nonetheless constitute effective notice of the amendment described in the notice.

After we have provided notice of material changes to the Terms, we will provide you with the opportunity to confirm your agreement to such changes upon your next log in to your Account.  You may choose not to agree to such Terms; however, in such event we may choose to deactivate your Account.

15. Modifications to the Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.   You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

16. Communication Preferences, Opt-In, and Opt-Out Choices

By accepting our Terms and Conditions your account will Opt-in to marketing emails. You have a choice to give or not to give us your consent to use your personal information for marketing purposes and to send you marketing email. When you choose to “opt out,” you decline to give us your consent (a) to disclose your personal information with our corporate affiliates or corporate partners for their marketing purposes, and (b) to receive marketing communications or promotional materials via email from us, any corporate affiliates, or corporate partners. You can exercise and change your opt-out choices in the following way:

• After registration, by accessing your Account settings, or by following the “unsubscribe” directions provided in the marketing email sent to you.

If you choose to “opt out”, it may take up to ten (10) days after you “opt out” for your election to be fully effective. Our systems require time to update and promotional mailings using personal information shared before you elected to opt out may already be in process. Thus, your personal information might continue to be shared with our corporate affiliates and corporate partners and you might continue to receive promotional materials from Company, our corporate affiliates and corporate partners for up to ten (10) business days after you have changed your opt-out election. Please note, you cannot opt out of certain notices required by law.

17. Termination of Terms

You agree that we may suspend or block your access to the Service, terminate these Terms or terminate your Account at any time and at our sole discretion, with or without cause or any notice to you.  If applicable law requires us to provide notice of termination or cancellation, we may give notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.  You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end.  If you use the Service after these Terms terminate, your use will constitute your agreement to the Terms then posted on the Service.

You may also terminate your Account and discontinue your use of the Service at any time.  These Terms (and all other terms and policies incorporated herein) will continue to apply to all of your past usage of the Service even if you are no longer using the Service.

The provisions entitled “Ownership of Rights to Content,” “Copyright License Grant,” “General Release and Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability,” and “Privacy” will survive the termination of these Terms.

18. Notices

Notices To You

All notices from us will be sent to you by e-mail, by posting on the Service or by postal mail.  We will send notices to you at the e-mail address or physical mailing address maintained in our records for you.  You must monitor your e-mail messages frequently to ensure awareness of any notices sent by us.

Notices To Us

You can send notices to us (involving anything other than copyright infringement and privacy issues) only through postal mail to the following address:

GlobalScholar
ATTN: Customer Service
1100 112th Ave NE
Suite 100 South Bldg
Bellevue, WA 98004

For notices mailed through First Class mail, it is deemed received three (3) business days after it is deposited in the U.S. Mail or personally delivered by express courier such as Federal Express.

19. Governing Law; Dispute Resolution

The Service is arranged, sponsored, or managed by GlobalScholar in the state of Washington, USA. The laws of the state of Washington govern these Terms, without giving effect to any principles of conflicts of laws that would result in the application of the laws of a different jurisdiction.

If a dispute arises between you and GlobalScholar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and GlobalScholar agree that any claim or controversy at law or equity that arises out of these Terms or our services (a “Claim”) will be resolved in accordance with one of the subsections below or as otherwise agreed to in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution through our Customer Support.

• Law and Forum for Disputes - For any claim or dispute against GlobalScholar where the total amount of the award sought is more than $10,000, you agree that it must be resolved by a court located in King County, Washington.  You agree to irrevocably and unconditionally submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.  To the extent you have in any manner violated or threatened to violate GlobalScholar’s intellectual property rights, you agree that we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is $10,000 or less, you agree to submit such claim to confidential arbitration in Seattle, Washington. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”). There shall be one arbitrator that shall be appointed pursuant to AAA procedure within 15 business days of receipt of the demand for arbitration by the respondent(s) in any such proceeding.  The arbitration decision or award shall be in writing and shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

20. General Provisions

• No Assignment.  These Terms are personal to you. You may not transfer, assign or delegate them to anyone at any time.  Any attempt by you to assign, transfer or delegate these Terms will be null and void.  We shall have the right to transfer, assign and/or delegate these Terms without your permission
• Entire Agreement.  These Terms, including the Additional Terms and Conditions for the Instructor, Cancellation Policy, and Privacy Policy which are incorporated herein by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
• No Agency; Third-Party Beneficiary.  We are not your agent, fiduciary, trustee, or other representative.  Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any other person any legal or equitable right, remedy, or claim under or in respect to these Terms.  These Terms are intended to be and are for the sole and exclusive benefit of GlobalScholar and you.
• Severability.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
• No Waiver.  We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us.  No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy by us will not preclude further exercise of any other right or remedy.  Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of GlobalScholar’s right to subsequently enforce such provision or any other provisions of these Terms.

21. Legal Notices

Various laws require or allow us to give users of this Service certain notices and each of them is incorporated into these Terms.

NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

GlobalScholar WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY GlobalScholar TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE GlobalScholar PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY GlobalScholar, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO GlobalScholar COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

TRADEMARK NOTICE

The trademarks GlobalScholar and all other trademarks or service marks used in the Service are owned or used under permission from their respective owners by GlobalScholar and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks or service marks. You may not use any of the trademarks or service marks displayed on this Service or in any Course without prior written consent from their respective owners.

COPYRIGHT NOTICE

© 2009 GlobalScholar Inc. U.S.A. All rights reserved.

All Content on the Service is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent or the consent of the licensors of such Content. Modification or use of the materials for any other purpose may violate intellectual property rights.