StudOrDud
Terms of Use

The StudOrDud.com web site (the "Site") is intended solely for entertainment purposes. Before using this Site, please make sure you read the following Terms of Use ("Terms"). By using our Site, you agree to be bound by these Terms, including those available by hyperlink. Please do not use this Site if you refuse to accept all of our Terms. If you fail to comply with any of these Terms, we may at any time terminate your rights under this Agreement at our sole discretion and without prior notice.

StudOrDud.com ("StudOrDud", "we", "us" and variations such as "our") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. The Terms are in addition to, and do not override, the specific terms and conditions, if any, that apply otherwise through the Site.

Disclaimers, Limits on Our Liability

A possibility exists that the content, information, documents, graphics and images published on the Site could include inaccuracies, typographical errors or other errors. We do not represent or warrant that the information on the Site is current, complete or accurate. Although we attempt to ensure the integrity of our Site, we make no guarantees as to the completeness or correctness of any content available through the Site. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Site by third parties. Therefore, users of the Site should not rely upon information contained in this Site when making personal or any other decisions.

We are not responsible for any action(s) taken by users of the Site based on information available through the Site. Site users should use extreme caution when interpreting Site results. Some of the information provided in the Site is based upon logic-based assumptions from information in our database compiled from public records regarding individuals' names, addresses, ages, last names and the dates which correspond to these names, addresses and ages. We may also provide you with publicly available bankruptcy, property, marriage, divorce or other public records when you conduct a search of our Site. Therefore, we urge you to independently verify any information you gather from our Site as a possibility exists that our search results could be inaccurate.

TO THE EXTENT PERMITTED BY LAW, THE INFORMATION ON THIS SITE IS PROVIDED "AS IS", AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

We reserve the right to temporarily, or permanently, modify, alter, discontinue or delete content on the Site without prior notice. In addition, this Site may have links to other Web sites which are independent of this Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein. These links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites. We cannot guarantee your confidential use of this Site, and we are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of this Site.

We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, particularly locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the Site or its contents where prohibited by law.

IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE, OR USE OF ANY OTHER LINKS OR LINKED WEB SITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOUNDED ON OUR PUBLICATION OF INFORMATION ON THE SITE), STRICT LIABILITY OR ANY OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SITE AND OTHER CONTENT AND MATERIALS.

Your sole remedy for dissatisfaction with the Site is to stop using it. The sole and exclusive maximum liability to us for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — shall be the total amount paid to us by you, if any, for access to the Site in the current calendar year of your use (and/or subscription). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Our Intellectual Property

The Site and all its contents are copyright © 2012 StudOrDud.com, all rights reserved. All other rights, title and interest (including other copyrights, trademarks and other intellectual property rights) in this Site belong to us. The names of companies and products not owned by us but which are referenced on the Site may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to us without our express written consent is forbidden. Nothing contained in this Site shall be construed as conferring any license or right under any of our intellectual property rights, or under any third party's intellectual property rights.

No part of this Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means.

Limits on Your Use of Our Site

In consideration for our providing you access to the Site, you agree not to:

If you violate any of the foregoing, you may be banned from this Site, we may terminate your account and we may take any other action (formal civil, criminal, and injunctive redress) we deem appropriate in our sole discretion.

Release

You release us (and our officers, directors, agents, subsidiaries, joint ventures 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 your use of the Site. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Your Account with Us

You may be asked to create your own user account on this Site in order to receive certain emails from us. To create a user account, you are required to provide select information. You agree: (a) that the information you provide will be true, accurate and complete, (b) to maintain and update your information, and (c) that we may contact you and require you to confirm some or all of the information you provided us before accessing specific services on the Site.

We reserve the right to terminate your use of the Site if in our sole discretion, we determine that any of the information you provide us is untrue, inaccurate or incomplete. You are solely responsible for maintaining the confidentiality of your password and account information and are responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms.

By having a Site account with us, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, we, at our sole discretion, may terminate your accounts, remove or modify any account-related content or access (including, but not limited to, user profile information), or take any other action that we believe is appropriate.

Fees, Refunds, and Fraud

Fees for the services are listed on the Site. By purchasing our services, you agree to pay with a valid credit card and certify that you are an authorized user of the credit card. To protect our customers from credit card fraud, we may work with law enforcement agencies to address issues by sharing information such as credit card numbers, email addresses, IP addresses, etc. We reserve the right to suspend services for individuals suspected of fraudulent credit card activity. You are responsible, and must pay for, all purchases of the services made by individuals using your account. If you suspect that unauthorized use of your account is occurring, you must notify us immediately. Unless we indicate otherwise, all fees and charges are final, with no refunds. Any issues or concerns about a particular purchase must be brought to our attention within 15 days of purchase, and you agree to waive all issues and concerns after such time.

In the event you choose to subscribe to the services offered on the Site, your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by calling our Customer Care Team. If you do not notify us, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).

You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Most of the products on the Site come with a limited guarantee. This means that if your search does not return any results, we will provide you with another search, at no additional cost to you. You acknowledge that the service is provided "as is." You are paying for us to conduct a search on your behalf, not to return any particular result. Information is often obtained by third parties and the accuracy of the information cannot be guaranteed.

Please note:

• If you are an annual subscriber, you may cancel at any time and your account will be valid until the end of your 1-year term. After your subscription is canceled, you will not be charged any additional fees. You may be eligible for a refund on an annual subscription only if you cancel your account within 24 hours of your original order. Otherwise, no refunds are available.

You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Your Indemnification of Us

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF INFORMATION ON THIS SITE, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY, INCLUDING PRIVACY RIGHTS. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Law Governing Your Use of Our Site

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SACRAMENTO COUNTY, CALIFORNIA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Your Privacy

We are committed to protecting your privacy. The personal information you provide to us on this Site in the event you choose to open an account with us is governed by our Privacy Policy. Please read it carefully to understand our information practices before using this Site.

These Terms are the Entire Agreement between You and Us

These Terms incorporate by reference any notices contained on the Site, and constitute the entire agreement with respect to your access to and use of this Site. Any provision of these Terms which is determined by a court of competent jurisdiction to be unenforceable shall be severable from these Terms without invalidating the remaining Terms. The unenforceability of any provision shall not render that provision unenforceable in any other jurisdiction. We reserve the right to revise these Terms at any time without notice to you, and, by using this Site following any revision to these Terms, you agree to be bound by such changes. Failure by us to insist on the strict performance of any of the terms and conditions of these Terms in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition.