TERMS OF SERVICE

These Terms of Service were last revised on September 24, 2020.

Welcome to Scholly! Scholly helps users identify scholarship opportunities and provides other related services. Scholly is available at our website, www.myscholly.com. We will refer to this site as the “Website.” Scholly also has Apple iPhone and Google Android mobile applications, which we will call the “App” for short. These Terms of Service (we’ll call them the “Terms”) apply to your use of the Website and the App. When we are referring to both the Website and the App together, we will call that the “Services.”

Please read these Terms carefully before using the Services. They set out some important rules for using the Services and they affect your legal rights. To use the Services, you must agree to comply with these Terms, as well our Privacy Policy. We might also provide additional rules for certain features of the Services. We refer to those rules as “Additional Terms.” To use the Services, you must also agree to comply with any Additional Terms.

Importantly, our Services are not intended for children. If you are under the age of 13, you are not allowed to use the Services or submit any personal information to us. If you are 13 or older but younger than 18, you are only allowed to use the Services with the approval and involvement of a parent or legal guardian. If you do not meet these age requirements, or if you are not willing to fully comply with these Terms, you are not allowed to use the Services.

IMPORTANT NOTICE: AT THE OUTSET, WE WANTED TO POINT OUT THAT THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. THESE ITEMS ARE DISCUSSED IN MORE DETAIL IN THE “MANDATORY ARBITRATION; APPLICABLE LAW” SECTION BELOW, BUT, IN SUMMARY, THIS MEANS THAT IF THERE IS A DISPUTE BETWEEN YOU AND SCHOLLY, YOU WILL BE REQUIRED TO ARBITRATE ANY CLAIMS YOU HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

CONTENT DISCLAIMER

The Services are intended primarily to help users identify scholarship opportunities and, through the Scholly Editor feature, to provide editing tools for things like scholarship applications and essays. While these features are provided for your benefit, Scholly is not able to make any guarantees regarding the number or frequency of scholarship matches you may receive through the Services or your ability to actually win scholarships identified through the Services.

SCHOLLY’S INTELLECTUAL PROPERTY RIGHTS

The Services and all of the content, features, and functionality of the Services (we’ll call this the “Content”) are owned by Scholly or used by Scholly with permission. The Content includes text, graphics, videos, software, and all other features of the Website and the App. Similarly, any trademarks, logos, or trade dress displayed on the Services are owned by Scholly or used with permission.

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Services available to you, which will differ based on whether you have a Paid Subscription (more on this below), for your personal, non-commercial use. Aside from this limited right to use the Services, you will not acquire any rights in the Services by using the Services or purchasing a subscription. You are not allowed to modify, copy, or distribute the Content in any way without our permission, or use the Content in any manner not permitted by these Terms. The Services and the Content are protected by United States and international intellectual property laws. Any unauthorized use of the Services or the Content may violate copyright laws, trademark laws, or other laws and regulations.

REGISTRATION AND ACCOUNTS

To take advantage of many aspects of the Services, you will need to register an account with Scholly and purchase a Paid Subscription. You are required to provide accurate and complete registration information. If that information changes, you must promptly update your account. During registration, you will provide your email, create a password, and provide personal information, such as your phone number, company and/or educational information. If you are purchasing a Paid Subscription, you will also be required to enter your credit card and billing information. Paid Subscriptions are discussed in more detail below in the section “Subscriptions and Billing.”

If you choose not to purchase a Paid Subscription, you can still create an account. In that case, you will have access to the Scholly blog and will be placed on our mailing list, but you will not have access to many features of the Services, most of which require a Paid Subscription.

You are responsible for protecting and maintaining the confidentiality of your account. You are responsible for any activity that occurs under account, whether or not you have authorized the activity. You agree to notify us immediately at info@myscholly.com of any breach or unauthorized use of your account.

Once registered, you can terminate your account by accessing your account and deleting it. Before your account can be deleted, any outstanding charges must be paid. See the Auto-Renewal and Cancellation section below and follow the steps outlined.

SUBSCRIPTIONS AND BILLING

A. Paid Subscriptions. As discussed in the section above, some features of the Services are provided to you free of charge. All other features of the Services require payment of a subscription fee. This is called a “Paid Subscription.” The Paid Subscription options will vary from time to time, but may include monthly, bi-annual, or annual subscriptions. The Paid Subscription options will be presented to you when registering an account. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period.

B. Auto-Renewal and Cancellation. Paid Subscriptions automatically renew until THEY ARE cancelled. This means that after your initial subscription period, and again after any subsequent subscription periodS, you will automatically be billed for an additional period of the same length. For example, if you select a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then each month after that, until you cancel your subscription.

The way to cancel your subscription will depend on where you initiated your subscription. For subscriptions purchased on the Website, users must cancel their subscription through their account. For subscriptions purchased with the App, users must cancel their subscription through the app store (for example, iTunes or Google Play) used to download the app and purchase the subscription. The cancellation will take effect the day after the last day of your current subscription period.

C. Trials. We may offer temporary trials of Paid Subscriptions for free or at a reduced rate. Not everyone will be eligible for trials. We reserve the right to determine eligibility for trials and to withdraw or to modify trial offers at any time.

Sometimes we will require you to provide your payment details to start a trial. By providing payment information, you agree that we are allowed to automatically begin charging you for the Paid Subscription on the first day following the end of the trial period and on a recurring basis after that. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE TRIAL THROUGH THE CANCELLATION INSTRUCTIONS PROVIDED ABOVE.

PROHIBITED USE OF THE SERVICES

When using the Services, you may not do any of the following:

  1. Remove or alter any copyright, trademark, or other rights notice on the Services;
  2. Circumvent, disable or otherwise interfere with any security-related features of the Services;
  3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Services;
  4. Collect or harvest any personally identifiable information from the Services;
  5. Attempt to or interfere with the proper working of the Services or engage in any conduct that inhibits any other user from fully enjoying the Services;
  6. Decompile, reverse engineer, or disassemble any portion of any the Services;
  7. Use network-monitoring software to determine architecture of or extract usage data from the Services;
  8. Engage in or encourage conduct that violates any local, state or federal law, or impersonate another person or entity (e.g., accessing another member’s account without permission,);
  9. Fail to remove any User-Generated Content you submitted or posted after Scholly has asked you to do so.

This is not an exhaustive list of the prohibited uses of the Services. Scholly reserves the right (but does not have any obligation) to monitor the use of the Services and to prevent any user, including users with registered accounts and/or Paid Subscriptions, from accessing and using the Services for any reason, including any violation of these Terms or any laws and regulations. These decisions are made by Scholly in its sole discretion.

LINKS TO OTHER WEBSITES

The Services may contain links to websites and services operated by other companies. We are not responsible for the availability of these external websites or services and we do not necessarily endorse the content or services they provide.

INDEMNIFICATION

You agree to defend (at Scholly’s option), indemnify, and hold Scholly harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Services or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of any such matter.

DISCLAIMERS

YOUR USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SCHOLLY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATED TO THE SERVICES OR THE CONTENT OR COMMUNICATIONS ON THE SERVICES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES (INCLUDING THIRD-PARTY WEBSITES AND SERVICES), TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, SCHOLLY EXPRESSLY DISCLAIMS ANY:

  1. WARRANTIES THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS;
  2. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES;
  3. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
  4. WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR ACCESSED THROUGH THE SERVICES;
  5. WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK. SCHOLLY WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR SOFTWARE AND/OR USE OF THE SERVICES.

LIMITATION ON LIABILITY

A. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOLLY AND ITS EMPLOYEES, PARTNERS, AND AFFILIATED COMPANIES WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY UNDER ANY LEGAL THEORY (WHETHER CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES (INCLUDING DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (or inability to use) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF PRODUCTS OR SERVICES ACCESSIBLE THROUGH (INCLUDING BY LINKS TO THIRD-PARTY WEBSITES) OR ADVERTISED IN CONNECTION WITH THE SERVICES.

B. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SCHOLLY AND ITS EMPLOYEES, PARTNERS, AND AFFILIATED COMPANIES EXCEED THE AMOUNT PAID TO SCHOLLY BY YOU DURING THE PRIOR TWELVE MONTHS IN QUESTION.

C. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, OR IN ANYWAY RELATED TO THESE TERMS, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

D. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

UPDATES TO THE SERVICES AND THESE TERMS

From time to time, we may modify or discontinue aspects of the Services or modify these Terms. We will have no obligation or liability to you for any changes to the Services, even if the changes affect the features accessible through your Paid Subscription. When we modify the Terms, we will provide our users with notice of these changes (1) by posting a general notice on the Services, (2) by sending an email to users on file, and/or (3) by updating the “last revised” date at the top of these Terms. This is also how we will notify you of changes to any Additional Terms. By continuing to use the Services after we post any changes, you accept the updated Terms or Additional Terms.

MANDATORY ARBITRATION; APPLICABLE LAW

By using the Services, you and Scholly agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them, except for disputes that qualify for small claims court (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

  • Us, at Scholly, Inc., P.O. Box 764, Hollywood CA 90029
  • You, at the address we have on file for you

Both you and Scholly agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as amended by this agreement to arbitrate, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances; provided, however, that, upon request by you, JAMS may hold an in-person hearing in your hometown area. Pursuant to the JAMS consumer arbitration policies, if you initiate arbitration against Scholly, you will be responsible for a $250 fee and Scholly will assume the remaining costs associated with the arbitration; if Scholly initiates arbitration, we will assume all costs associated with the arbitration.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator shall issue a written statement with the disposition of each claim and a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

These Terms will be governed by and construed under the laws of the United States (including the Federal Arbitration Act) and the State of California, without regard to conflicts of law principles.

CHOICE OF FORUM

Unless you and Scholly agree otherwise, if it is determined that a Dispute should not proceed through arbitration, you agree that any Dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved by a court located in the State of California.

COPYRIGHT POLICY

Scholly respects the intellectual property interests of other parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Scholly’s Copyright Agent with the written information specified in this section.

Copyright Agent:
LMS Legal LLC
100 S. Broad Street, Suite 920 Philadelphia, PA 19110
phone: (267) 908-5058
fax: (267) 388-3780
email: LMSLegalLLC@gmail.com

To be effective, the notification must be a written communication that includes the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;
  3. Identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  4. 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;
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. Your address, telephone number, and e-mail address.

If we remove content in response to a claim of copyright infringement, we may give notice to the user(s) responsible for the content by means of a general notice on any of our Services, by email to a user’s email address in our records, or by first-class mail to a user’s physical address in our records. If you receive such a notice and believe the content was mistakenly or improperly removed, you may provide a counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of account holders who are repeat infringers.

© 2020 Scholly, Inc.