Last Updated: February 15, 2023
By using our Services, you agree to be legally bound by these Terms, so please read them carefully and make sure you understand them. If you don’t understand these Terms, or don’t accept any part of them, then you may not use the Services.
We may provide our Services directly to you or pursuant to agreements we have with a third party such as your school, school district, employer, or other entity (each or multiple together, a “Sponsor”). If you use the Services pursuant to an agreement between YouScience and a Sponsor, the Sponsor may provide you with additional terms that will also govern your use of the Services in addition to these Terms.
1. USING OUR SERVICES
(b) You are responsible for all activities that occur under your account, so be sure to fully exit from your account at the end of each session. If you notice any unauthorized access to your account, please let us or your Sponsor know immediately.
(c) We are not liable to you or any third party for any unauthorized use of your account, including, without limitation, any damage that results from any compromise or theft of your account.
1.3 Acceptable Use. Your access to and use of our Services must comply with the following (the “Acceptable Use Restrictions“):
(a) You may not access or use our Services to publish, post, distribute or disseminate any content which is or could reasonably be viewed as: (a) hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise; (b) inciting violence, or containing graphic or gratuitous violence; (c) an unauthorized commercial communication of any kind (including without limitation, spam); (d) fraudulent, inaccurate or misleading, or otherwise objectionable content of any kind; (e) infringing or violating someone else’s rights; or (f) disclosing anyone else’s personal contact details or invading their privacy.
(b) You may not use our Services to violate any laws or in a manner that would violate any laws.
(c) You may not transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature.
(d) You may not use our Services to engage incommercial activity.
(e) You may not use our fee-based Services where you or your Sponsor has failed to pay for the applicable Services.
(f) You are also prohibited from: (1) reformatting or framing any portion of our Services; (2) using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of our Services; (3) taking any action that imposes, or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure; (4) modifying, adapting, translating, disassembling, decompiling, or reverse engineering any portion of our Services or otherwise attempting to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming interoperability interfaces of our Services; (5) disrupting or otherwise interfering with our Services or the networks or servers we use; (6) impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity; (7) collecting or storing, or attempting to collect or store, personal information about other users of our Services, except as expressly permitted under the these Terms or any other agreements that govern your use of the Services; (8) creating a false identity on or in connection with our Services; (9) releasing to any third party information related to your access to or use of our Services for purposes of monitoring the availability, performance, or functionality of our Services, or for any other benchmarking or competitive purposes without our prior written approval; (10) copying our Services; (11) accessing or using our Services in a service bureau or time-sharing environment (including, without limitation, accessing our Services to provide third parties a service consisting solely of the collection and entry of data and other information on or available through our Services); (12) selling, assigning, transferring, sublicensing, pledging, renting, or otherwise sharing your rights under these Terms; (13) creating any derivative works based on our Services; and (14) modifying, obscuring, or removing any proprietary notices on or provided through our Services or copies thereof.
(g) Without limiting the generality of the foregoing, you shall not access or use our Services in violation of any of these Acceptable Use Restrictions. You will be solely liable for any damages, costs or expenses arising out of or in connection with your violation of any of these Acceptable Use Restrictions. You shall notify us immediately upon becoming aware of any violation by any person of any Acceptable Use Restriction and shall provide us with reasonable assistance upon our request with any investigations we may conduct in connection with any such violation of any Acceptable Use Restriction.
1.4 Fees. Where applicable, you are requiredto pay all fees and charges imposed by YouScience arising from your use of the Services, including, without limitation, fees that must be paid in advance and any fees arising from your use of the Services. Your authorization to use the Services is contingent on your payment of all applicable fees.
2. CONTENT AND INFORMATION
2.1 User Data. We may provide you with the ability to create, generate, and provide us with information, content, or materials when you use our Services for your own purposes (“User Data”). Such User Data may include, but is not limited to, assessment answers and results; preferences and communications; resumes, essays, research reports, and portfolios; and applications to schools, jobs, scholarships, etc. If you use the Services through a Sponsor, we may share your User Data with that Sponsor. We may also provide you with opportunities to connect with our third-party collaborators such as post-secondary institutions or potential employers that have agreed to receive such connections. In that case, we will only share your User Data with those third-party collaborators if you explicitly give us consent to do so.
2.2 Sponsor Data. If you use the Services through a Sponsor, we may receive information, content, or materials from the Sponsor through or in connection with Sponsor’s use of the Services, which may include, without limitation, the official records, files, and data directly related to you maintained by the Sponsor (“Sponsor Data”). For clarity, Sponsor Data does not include any User Data that has been is de-identified, or otherwise anonymized, and aggregated (“Operational Data”).
2.3 Private Messages. We may provide you with the ability to send private messages to, and receive private messages from, other users of the Services who are associated with your Sponsor, such as your teachers or counselors, and YouScience (“Private Messages”). Depending on how you use our Services, we may also provide you with the ability to send private messages to, and receive messages from, our third-party collaborators such as potential employers or post-secondary institutions that are directly related to your use of the Services (“External Private Messages”). Using External Private Message is optional. You will not receive messages from our third-party collaborators unless you consent to communicating with them. Private Messages and External Private Messages are not considered User Data and we will not intentionally make any such Private Messages or External Private Messages available to any party other than the intended recipient. However, you should remain mindful that there is an inherent risk in the use of the internet. Private Messages or External Private Messages may be intercepted without our knowledge or consent, collected illegally, and/or forwarded by recipients to others. We cannot guarantee the security of any information, including Private Messages or External Private Messages, that you disclose online, and you do so at your own risk.
2.5 Feedback. We appreciate your feedback or suggestions about our Services (“Feedback”) and may use that Feedback without restriction and without obligation.
2.6 Third Party Content. The Services may allow you to access certain applications, websites, and other content owned or otherwise controlled by third parties (“Third Party Services”). Your access to and use of these Third Party Services may be subject to separate terms imposed by the providers of these Third Party Services (“Third Party Terms”). By accessing or using any Third Party Services, you agree to comply with any applicable Third Party Terms presented or that you otherwise agree to in connection with your access to or use of the applicable Third Party Service. We are not responsible or liable for: (i) the availability, functionality or accuracy of any Third Party Services; or (ii) the content, products or services on or available through such Third Party Services. Access to Third Party Services through our Services does not imply any endorsement by YouScience of the Third Party Services or any products or services available through the Third Party Services.
3. OWNERSHIP AND LICENSE
3.1 Services. We own or license all rights, title and interest in and to our Services, including without limitation, all software and code that comprise and operate our Services, and all course materials, text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through our Services. Our Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, our Services are a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of our Services.
3.2 Limited License. Subject to your acceptance of, and compliance with, these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Services and access your User Data for a period of 10 years or longer, starting the date you create an account, even where such period extends beyond the end of any agreement we have with your Sponsor, so long as the Services are generally available in the market. You obtain no rights in our Services except to use them in accordance with these Terms.
3.3 User Data. You hereby grant us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and display your User Data as necessary to provide the Services to you or your Sponsor.
3.4 Operational Data. You hereby grant us a perpetual, irrevocable, non-exclusive royalty-free, worldwide license to copy, reproduce, distribute copies of, modify, perform, display, make derivatives of and make any improvements to Operational Data to improve our Services and for any other purposes we so choose.
4. TERMINATION AND SUSPENSION
4.1 Canceling your Account. You may request that we cancel your account at any time by contacting email@example.com. If you are under the age of 18, any request to cancel your account must come from your parent or guardian. If you use our Services through a Sponsor, there may be some cases in which we need to obtain approval from your Sponsor to cancel your account. If that is the case, we will let you know that cancelation requires approval from your Sponsor. To the extent there is information about you contained within the Sponsor Data, we will not delete or permanently de-identify this data without permission from the Sponsor during the term of our agreement with the Sponsor.
4.2 Right to Terminate. We reserve the right, with or without notice and in our sole discretion, to terminate these Terms and your ability to access or use our Services for if you violate any Acceptable Use Restriction, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we will not be liable to you or any third party for any such termination.
4.3 Effects of Termination. If we exercise our termination rights available under these Terms, your license to access and use our Services shall immediately terminate and you must discontinue your access to and use of our Services.
4.4 Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive, or illegal activity, we may refer such matter to appropriate law enforcement authorities.
4.5 Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation.
4.6 Suspension Rights. Without limiting anything set forth herein, we may immediately suspend all or part of your access to and use of the Services if: (i) we reasonably determine that your use of the Services could adversely impact the Services, a third party’s use of services we provide to such third party, or the network or servers we use to provide the Services; (ii) there is suspected unauthorized third party access to or use of the Services; (iii) we reasonably believe that immediate suspension is required to comply with applicable laws; (iv) you violate any Acceptable Use Restriction; or (v) you violate these Terms. We will reinstate any Services suspended pursuant to this Section when we determine, in our sole discretion, the circumstances giving rise to the suspension have been resolved. Unless prohibited by applicable law and where reasonably possible, we will provide you with prior notice of any such suspension and the basis for any such suspension.
5.1 In addition to, and not in lieu of, any warranty disclaimers set forth in these Terms:
(a) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING NO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT. NOTHING WE OR OUR AFFILIATES SAY OR WRITE SHALL CREATE A WARRANTY OF ANY KIND.
(b) WE DO NOT WARRANT THAT THE SERVICES, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE.
(c) WE EXPRESSLY DISCLAIM THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE.
(d) WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED.
5.2 YOUR ACCESS TO AND USE OF OUR SERVICES, DOWNLOAD OF ANY SOFTWARE RELATING TO OUR SERVICES AND USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
6.1 Maximum Liability. WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF OUR SERVICES SHALL BE THE AMOUNT OF $100.
6.2 No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF OUR SERVICES.
6.3 No Liability for Disputes with Third Parties. IF YOU HAVE ANY DISPUTE WITH ONE OR MORE USERS OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION AND AS APPLICABLE, ANY SPONSOR, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME YOU AGREE TO THIS RELEASE.
6.4 Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
7.1 Governing Law. All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.
7.2 Forum. Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the United States District Court for the District of Utah or the courts of the State of Utah covering Utah County, as appropriate.
7.3 Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO OUR SERVICES.
7.4 Waiver of Class Action. YOU AGREE THAT BY ACCESSING OR USING OUR SERVICES, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU FURTHER AGREE THAT YOU MAY BRING CLAIMS AGAINST YOUSCIENCE ARISING OUT OF OR RELATING TO OUR SERVICES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
7.5 Prevailing Party. IN ANY ACTION OR PROCEEDING BETWEEN YOU AND YOUSCIENCE (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO OR USE OF THE SERVICES, OR YOUR DEALINGS WITH YOUSCIENCE (AND OUR AFFILIATES AND SUBSIDIARIES), THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS FROM THE OTHER PARTY.
8. MISCELLANEOUS TERMS
8.1 Electronic Communications. We may communicate with you using electronic means. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, these Terms, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
8.2 Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Terms shall continue in effect.
8.3 Waivers. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provisions.
8.4 Our Rights. We have the right, but not the obligation, to change or terminate all or any part of our Services; refuse, move, or remove anything that is available through our Services; or deny anyone at any time access to our Services.
8.5 Changes to Terms. We may update or modify these Terms from time to time, without limitation by posting a revised version of these Terms on our Services and by publishing a general notice of such changes on our Services. You can review the most current version of these Terms at any time at youscience.com/terms-of-use. By accessing or using our Services after we have provided such notice, you agree to be bound by such modifications.
8.6 Compliance with Applicable Laws. You certify that you will comply with all applicable laws (e.g., federal, state, local, and other laws) and the Terms when accessing or using our Services. Without limiting the foregoing, by accessing or using our Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access or use our Services outside the United States, you are solely responsible for ensuring that your access to and use of our Services in such country, territory, or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation to, in our sole discretion, monitor where our Services are accessed from, and the right, but not the obligation, to block or otherwise restrict access to our Services, in whole or in part, from any geographic location.
8.7 Mistakes or Errors. Without limiting anything set forth in these Terms, you acknowledge and agree that under no circumstances will we be responsible for any loss, damage or liability arising out of any mistakes or other errors made by you as a result of your access to or use of our Services.
8.8 Support. If you have any questions or concerns about the Services or these Terms, please email us at firstname.lastname@example.org.