USING OUR WEBSITE
Last Modified: 01/29/2019
This Site is intended solely for users who are eighteen (18) years of age or older. By using the Site, you represent and warrant that you are 18 or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
Rights in Our Website And Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, the AskDegree logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof are the proprietary property of AskDegree or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are granted a right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray AskDegree or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use an AskDegree logo or other proprietary graphics of AskDegree to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any AskDegree trademark, logo or other proprietary information, including the images found on the Sites or Services, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by AskDegree or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our company.
Please see 17 U.S.C. § 512(c) (3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Third-Party or Other Website Content
This Site may contain links to outside services and resources, the availability and content of which AskDegree does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these businesses or individuals or the content of their web sites. AskDegree does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, And Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Services at any time.
Warranty Of Services
We shall perform our services using personnel of required skill, experience and qualifications and in a professional manner. Success using our services is not guaranteed. You understand and agree that AskDegree, LLC. Is not responsible for your success or failure and makes no representations or warranties of any kind whatsoever that our products or services will produce any particular result for you.
Any positive or negative feedback, reviews, or results do not reflect on every outcome of using our services nor do they reflect on your possible outcome. You should therefore assume that you will obtain no results with this program.
Except for the warranty of experience and professional manner set forth above, service provider makes no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER ASKDEGREE, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ASKDEGREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU.
To the fullest extent permitted by applicable law, in no event shall the AskDegree parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any AskDegree party, or from events beyond the AskDegree parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the AskDegree parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the AskDegree parties (jointly) arising out of or in any way related to (a) the order, receipt or use of services purchased from AskDegree LLC exceed the amount paid for such services. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the AskDegree parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the AskDegree parties from and against, and covenant not to sue any such AskDegree party for, all claims you have or may have arising out of or in any way related to these terms.
Indemnification And Holding Us Harmless
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless AskDegree, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “AskDegree Parties”), from and against all actual or alleged AskDegree Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services,
Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
Any Feedback you provide,
Your violation of these terms, and your violation of the rights of another.
You agree to promptly notify AskDegree of any third-party Claims, cooperate with the AskDegree Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the AskDegree Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and AskDegree.
Governing Law And Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Delaware and the United States, respectively, sitting in the State of Delaware.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
400 Renaissance Center Ste 2600,
Detroit, Mi 48243, United State