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How to avoid plagiarism?

Proper citation style.

Avoid plagiarism by always listing the source and formatting it correctly when you are note-taking. Take care of the proper formatting and citation style when using content from outside sources.

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Avoid borrowing and overusing large pieces of the content from outside sources, especially from Wikipedia. Write your own thoughts and use sources only to support your opinion (remember to cite it though!).

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Writing an academic paper can be challenging when you’re not sure if it’s original enough to pass a plagiarism check. Of course, students take information from various sites before writing their own text. Sometimes, it just so happens that certain parts are very similar to your resources, making your professor think that you’ve just copied work from somewhere. That’s why it’s crucial for any modern college or university student to ensure that their work has 100% original content to maintain academic integrity.

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Many students wishing to produce original content aren’t quite sure how to get an exact percentage of plagiarised text in their work. This percentage is important since many universities have a certain limit of non-unique words you can have in your essay for it to be considered okay. If your plagiarism search doesn’t give you the exact percentage, you can’t be sure if your assignment will go through or not.

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A lot of students make the mistake of considering their papers automatically free from plagiarism. After all, they’ve written it themselves, so how could it be problematic? What they don’t realize is that it’s very easy to borrow some information mistakenly. Turning such a paper in can cause multiple problems, as your professor might think you haven’t done the work at all.

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• Knowledge Base
• Best Free Plagiarism Checkers in 2023

10 Best Free Plagiarism Checkers in 2023 | Tested & Reviewed

Published on June 8, 2023 by Koen Driessen .

To find the best free plagiarism checker in 2023, we extensively tested and reviewed all popular tools to answer questions like, “How much plagiarism can they detect?” and “Are they actually free?”

Table of contents

Research methodology, general conclusions: free vs. paid checkers, 1. scribbr review, 2. quetext review, 3. duplichecker review, 4. small seo tools review, 5. pre post seo review, 6. grammarly review, 7. plagiarism detector review, 8. check-plagiarism.com review, 9. search engine reports review, 10. plagiarismchecker.co review, frequently asked questions about plagiarism checkers.

The plagiarism tools in this research are tested using 4 test documents , ranging from unedited to heavily edited.

Each test document consisted of plagiarized sections from 140 sources like Wikipedia articles, news articles, open-access journal articles, websites, theses and dissertations, and PDFs.

This setup allowed us to analyze:

• The reliability of plagiarism checker tools, even when texts are edited to varying degrees
• The depth and breadth of the tools’ content databases (whether they only covered websites or also journal articles)

Read more about the research methodology

We found that free tools were frequently misleading in their advertising and were lacking in many ways compared to paid ones. Our research led to these conclusions:

• Offers a limited free version
• Finds far more plagiarism than other tools
• Detects plagiarism even in edited texts
• Won’t store or sell your documents
• Money-back happiness guarantee, with live support available
• Self-Plagiarism Checker feature allows you to check for self-plagiarism
• You need to go premium to find out your precise similarity score and view the entire report

Scribbr offers a limited free version that’s perfect for checking if your paper contains potential plagiarism. To view the full report, you need to buy the premium version, which costs between $19.95 and $39.95 depending on the word count. There’s no word limit, so you can upload as big a document as you want.

Quality of matches

Scribbr’s checker, developed in partnership with Turnitin, heavily outperformed all free and paid tools in terms of the amount of plagiarism detected: 83% vs. an average of 42% across free tools.

It performed particularly well with source types relevant to students, such as journal articles and dissertations. Importantly, Scribbr was far more successful than other tools at detecting plagiarism in heavily edited texts, showing it has no trouble with paraphrasing plagiarism.

Scribbr could also consistently provide full matches instead of partial ones, matching the whole plagiarized passage to the correct source.

You see your results in a straightforward downloadable report. Different sources are highlighted in different colors, making it more readable.

The issues identified can be fixed with Scribbr’s Citation Generator , generating correctly formatted citations wherever they are needed.

In addition, Scribbr offers a Self-Plagiarism Checker . This unique tool allows users to upload their own unpublished documents in addition to the public database, to detect any possible self-plagiarism.

However, you can’t edit your text directly in the tool, and it’s not possible to re-check your document for free.

Trustworthiness

Scribbr will not store, sell, or share your uploaded documents. Data is automatically deleted after 30 days, or students can opt to manually delete their document after the check.

Live customer support is offered in multiple languages to assist users. A guide and other resources explaining plagiarism issues are easily accessible.

Scribbr also has a happiness guarantee: if you’re not satisfied with the tool for any reason, you can ask for a new check or a refund.

Check out Scribbr

• Built-in citation assistant helps to add missing citations
• Documents not stored in database
• Support options available (but no live support)
• Finds partial matches
• Not clear how the free trial works
• Monthly subscription of at least $8.25 after free trial
• Not effective for scholarly sources
• Doesn’t detect all plagiarism

Quetext offers a free trial of 500 words, after which users must pay for a premium plan.

Additionally, uploading files to Quetext is a Pro feature. If you don’t pay, you’ll have to copy-paste the text from your document instead.

The paid version costs at least $8.25 per month (more expensive plans are available), which allows you to check up to 100,000 words.

Quetext detects more plagiarism (49% on average) than any free tool, but it’s unable to match each source text fully to a single source. Different sentences are attributed to different sources.

While Quetext claims to check against academic sources, we found it didn’t perform well at identifying plagiarism from sources such as journal articles and student dissertations.

Quetext’s plagiarism report is relatively straightforward to understand and provides a useful overview. A precise percentage is shown, with similarities in the text highlighted.

However, different sources are not highlighted in different colors, making the report somewhat difficult to read. Instead, orange highlighting is used for partial matches, red for full matches.

There’s also a built-in citation assistant that can help you fix plagiarism by adding citations. Unfortunately, it’s not very robust. Citations generated this way may not be accurate, and you have to add a lot of information manually.

Quetext states that it doesn’t save your text to a database and that all text submitted remains private and encrypted.

Information about the service is available in the form of FAQs on the website, and it’s also possible to contact the company by submitting a request form.

Check out Quetext

• Free (1,000 words per scan)
• Doesn’t save uploaded documents
• Relatively user-friendly reports
• Distracting ads for other services
• Low level of plagiarism detected
• Performs very poorly with edited text
• No color coding for different sources

DupliChecker’s service is free, though you can only upload 1,000 words at a time. If you go for one of their premium plans, you can go up to 25,000.

If you do want to upgrade, a large number of different premium plans are offered on the site, which can be somewhat confusing to navigate. The cheapest is $10 a month.

The level of plagiarism detected by DupliChecker was relatively low (44%).

While the tool was able to find some plagiarism, it was unable to find any full matches. Overall, it performed about as well as other checkers like Small SEO Tools.

DupliChecker’s website is unfortunately full of ads for their other services and for similar sites. A distracting animated “Make it unique” button appears in the report, advertising their rewriting tool.

In the online report, all plagiarized text is highlighted in one color, and it is difficult to figure out what source each source block is matched with.

The site claims not to save uploaded documents, and it deletes content after the check is complete to avoid data leakage. No live support is available, but there is a contact form on the website.

Check out DupliChecker

• Various options for document uploads
• Page is slow, somewhat confusing, and full of ads
• Scans individual sentences rather than full texts

Small SEO Tools is free to use, although you can only check 1,000 words at a time without paying.

You can run multiple checks if you need to scan more than that, although the site requires you to complete CAPTCHAs to upload multiple documents.

Small SEO Tools was unable to identify most plagiarism in our test documents, with an average of only 44%. Since it scans individual sentences separately, it was only ever able to produce partial matches.

Plagiarized text is highlighted (though all in one color), and you can click on it to be shown the source it was matched with.

The page is cluttered with a lot of ads that you can easily confuse with the buttons you need to press.

The report itself is relatively clear. While plagiarized text is highlighted in one color, the tool clearly links matched text with the source identified for it.

Small SEO Tools claims not to store your content after checking it. You don’t have to register to use the tool. Users can also contact a support email to request their personal data be erased.

Check out Small SEO Tools

• 1,000-word upload limit
• Color-coded highlighting
• Some full matches
• Citation assistant
• Live support option
• Detects a low proportion of plagiarism
• Report is hard to read
• Messy, ad-heavy page design
• Color coding doesn’t distinguish between different sources

It’s unclear whether Pre Post SEO is actually a free tool. While the website claims there’s a search query limit for visitors, the limit is not clearly specified and did not seem to apply when we tested our documents.

You can only scan up to 1,000 words per search and cannot see a complete list of matched sources (instead, you must check them manually). These limits are removed if you sign up for their premium plan, which costs $10 to $45 a month.

Pre Post SEO did find the occasional full match, but in most cases it was only able to find partial matches, like most free checkers. Overall, it performed about as well as tools like DupliChecker and Small SEO Tools.

The page where the checker is hosted is full of distracting and irrelevant ads, making the user experience frustrating.

A different color was used for verbatim plagiarism and paraphrasing plagiarism, but the tool’s judgment was often wrong. Other than that, the same color was used for different sources, which made the report hard to read.

Pre Post SEO states that it does not store or sell your documents. There is a live support option on the site and a form you can use to request support.

Check out Pre Post SEO

• Language and citation assistant available
• Does not sell or share documents with third parties
• Finds a relatively low percentage of plagiarism
• Same colors used for different sources

Despite the way it’s advertised, Grammarly’s checker is not free. All you can do is see a screen that tells you there’s plagiarism in your text without giving you any details of where it is, how much of it there is, or what the sources are.

After this you’ll be directed to download the Grammarly app and subscribe to their premium service ($30 per month). There’s a limit of 100,000 characters (about 20,000 words) even after paying.

Grammarly was able to find more full matches than most free tools. However, it performed particularly poorly with academic sources and received a low percentage overall, scoring a total of 40%.

As a premium service, Grammarly has a clearer and more visually appealing style than most free checkers. The original formatting of the document remains mostly intact, but the tool uses the same color for all sources, making the results hard to parse.

The subscription also gets you a language and style tool and a citation assistant.

Grammarly does not store, sell, or share documents with third parties.

The site provides a support page with tips, tutorials, and FAQs, and you can submit a question via a form. Live support is not available.

Check out Grammarly

• Free to use (1,000-word limit)
• Does not store or sell your document
• Technical issues with long documents
• Difficult to match text with sources in the report
• Different sources highlighted in the same color

Plagiarism Detector is free to use and users do not need to register. However, there is a limit of 1,000 words per document. By paying, you can raise this limit to 25,000 words per document.

Plagiarism Detector’s performed about as well as other 100% free tools (40%).

The tool was mostly only able to find partial matches, attributing individual sentences to one or more sources.

Plagiarism Detector’s reports are somewhat difficult to read. The same colors are used for different sources, and hovering over a plagiarized section doesn’t show you the source. Instead, you need to find it in a separate list.

Plagiarism Detector states that it will not store or sell your documents. No live support is available, but there is a help request form.

Check out Plagiarism Detector

• Offers a citation generator
• Difficult to match text with sources in the downloadable report
• Scans sentence by sentence —rarely gets a full match

It’s unclear whether Check-plagiarism.com is actually free. The site describes the free upload limit in a confusing way, allowing you a certain number of “queries” (sentences) per month. However, these limits are not clearly specified and did not seem to apply when we tested our documents.

Check-plagiarism.com performed slightly worse than most 100% free tools, scoring a total of 39%.

While the tool was able to find some full matches, it mostly found partial matches.

The same color was used for different sources, which made the report hard to read. A different color was used for verbatim plagiarism and paraphrasing plagiarism, but the tool was often wrong.

You can check up to 1,000 words at once for free. 

In the downloadable report, the format of the text is mostly retained. The report provides a long list of sources that are difficult to cross-reference with the text above.

The version of the report shown on the site itself is slightly better, as a box next to the plagiarized text allows you to see the text identified as the source. There is a “rewrite” function, along with a (manual) citation tool.

Check-plagiarism.com claims that the reports generated on their site are “highly secured and un-accessible.”

There are some FAQs listed on the site, but the answers provided are not very clear. They have live messaging support along with a contact form.

Check out Check-plagiarism.com

• Genuinely free for most purposes (1,000-word upload limit)
• Lots of distracting ads
• Unable to find most of the plagiarism
• Same highlight colors for different sources

Search Engine Reports is free to use, and users do not need to register. However, there is a limit of 1,000 words per scan. By paying, you can raise this limit to 30,000 words per scan.

The methodology this tool uses to find matches appears highly unreliable. It seems to simply search Google for each sentence in your document, counting it as plagiarism if it finds a match.

It identified only a low proportion of the plagiarism (38%) in our test documents. Due to its methodology, it was usually unable to find full matches, and it performed particularly poorly with scholarly sources such as dissertations and journal articles.

The report shown on the site gives a list of individual sentences marked as plagiarized or original. You can click a link next to each source, but all it does is google the sentence in question. The downloadable report highlights plagiarism within the text and shows a list of sources, but it doesn’t clearly link each sentence with a source.

There is also a language statistics function that lets you see words that appear frequently in the text to help limit repetition.

Search Engine Reports claims not to store any uploaded content in their database. There is no live support, but there is a contact form.

Check out Search Engine Reports

• Uploaded documents not stored/sold
• Detects a very low amount of plagiarism
• Misleading about costs—only free for five documents
• Low word limit of 800
• Lots of distracting ads and pop-ups

The tool claims it’s free, but it actually only allows you to upload five documents before requiring you to sign up for one of their many premium plans. These documents have an unusually low word limit of 800.

The premium plans offer options to increase (but not remove) this word limit. The cheapest is $15 per month, which only increases the limit to 1,000 words—a limit many other tools offer for free.

Plagiarismchecker.co gave some of the worst results out of all the checkers we tested, with an average of 30%. It was never able to provide a full match for a source text, only partial.

The tool is frustrating to use due to the high number of ads it displays and the low word limit.

The downloadable report sometimes didn’t include the plagiarism percentage, making it impossible to know how much of the text was plagiarized/original.

The report itself is difficult to read. All plagiarized text is highlighted in one color and is not clearly matched with the source identified for it.

The site claims that uploaded content is not stored in a database or shared with others. It also claims that “our advanced AI-powered algorithm ensures that your content must be protected under the copyright laws.” It’s not clear what this means.

While the site claims to have 24-hour support, there is no live support. There is a contact form on the site.

Check out Plagiarismchecker.co

Yes, Scribbr offers a limited free version of its plagiarism checker in partnership with Turnitin. It uses Turnitin’s industry-leading plagiarism detection technology and has access to most content databases.

Run a free plagiarism check

If you’re a university representative, you can contact the sales department of Turnitin .

Plagiarism can be detected by your professor or readers if the tone, formatting, or style of your text is different in different parts of your paper, or if they’re familiar with the plagiarized source.

Many universities also use plagiarism detection software like Turnitin’s, which compares your text to a large database of other sources, flagging any similarities that come up.

It can be easier than you think to commit plagiarism by accident. Consider using a plagiarism checker prior to submitting your paper to ensure you haven’t missed any citations.

The accuracy depends on the plagiarism checker you use. Per our in-depth research , Scribbr is the most accurate plagiarism checker. Many free plagiarism checkers fail to detect all plagiarism or falsely flag text as plagiarism.

Plagiarism checkers work by using advanced database software to scan for matches between your text and existing texts. Their accuracy is determined by two factors: the algorithm (which recognizes the plagiarism) and the size of the database (with which your document is compared).

Your document will be compared to the world’s largest and fastest-growing content database , containing over:

• 99.3 billion current and historical webpages.
• 8 million publications from more than 1,700 publishers such as Springer, IEEE, Elsevier, Wiley-Blackwell, and Taylor & Francis.

Note: Scribbr does not have access to Turnitin’s global database with student papers. Only your university can add and compare submissions to this database.

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the “Cite this Scribbr article” button to automatically add the citation to our free Citation Generator.

Driessen, K. (2023, June 08). 10 Best Free Plagiarism Checkers in 2023 | Tested & Reviewed. Scribbr. Retrieved April 8, 2024, from https://www.scribbr.com/plagiarism/best-free-plagiarism-checker/

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Plagiarism Checker for Students

Quetext's plagiarism checker is a must-have free tool for every student. Identify plagiarism before it's too late, get resources to improve your writing, and add citations quickly, all for free. You do the writing, and we'll help with the rest.

Why use Quetext over other plagiarism detection tools?

Avoid “accidental plagiarism”.

Our ColorGrade™ feedback feature highlights exact matches vs. near-exact or “fuzzy” matches with corresponding colors. From there, you can resolve plagiarism issues by deleting or altering the at-risk copy.

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For the copy you want to keep, you can use our handy “Cite Source” feature to generate citations in MLA, APA, and Chicago formats and insert the citations directly into your document.

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How you can avoid plagiarizing

Know the different types of plagiarism

There are several types of plagiarism, and it’s essential to understand the differences to avoid making these mistakes and prevent plagiarism in the classroom.

• Direct plagiarism: Using someone else’s exact words and using them as your own with no credit to the source. Eliminating portions of the text still qualifies as direct plagiarism.
• Patchwork plagiarism: Creating new text by combining exact phrases or sentences from multiple sources without acknowledging the original authors or sources.
• Self-plagiarism: Attempting to reuse or recycle your previous work and claiming it as a new piece of work without mentioning the source of original publication.
• Source-based plagiarism: Producing false sources within your writing or omitting one or more references from citations.

Cite your sources

Students often think of citations as a simple means of acknowledging another author's work. While this is their main purpose, there are other benefits as well.

Source citations also show readers where to go to learn more. By providing context around the citation in student papers, such as the source medium and when it was published, readers can locate the information more easily. Giving too little source information or improperly formatting it can result in unintentional plagiarism. These mistakes also make it difficult for readers to locate the original source and verify information.

Quetext's citation generator makes it easy for students to accurately cite their sources without slowing down their writing process. Once a user inputs the text, the software identifies the passages that require a citation and subsequently generates it in the style required — APA, MLA, or Chicago.

Always use a plagiarism checker

The best way to avoid severe plagiarism consequences is to use a plagiarism checker. Often, plagiarism is unintentional and results from poor paraphrasing of material found online. Using a plagiarism checker, the student can avoid accusations of any kind of plagiarism and benefit from a close review of the original material.

Quetext's plagiarism checker provides a speedy, easy process for students to receive accurate results, identifying areas of concern and providing on-page solutions.

Plagiarism Checker for Students FAQ

What are the consequences if a student is caught plagiarizing.

The consequences of plagiarism vary according to the student’s academic institution and grade level. For example, a middle school student who plagiarizes within an essay may receive a stern warning and additional instruction related to the process of citing sources or summarizing one’s thoughts.

However, students in higher education institutions guilty of plagiarism in academic papers face much steeper repercussions, including, but not limited, to failing grades and disciplinary or legal action. Factors such as the assignment itself, the instructor, and whether or not it is your first offense impact the outcome.

Depending on the severity of the situation, plagiarism can also impact a student’s reputation or future career opportunities.

How does a plagiarism checker help students?

A plagiarism checker helps students be proactive in finding instances of plagiarism before an assignment is completed and turned in with no way to correct the errors.

In addition, by identifying the potential conflicts early, students can conduct further research to find alternative sources to understand the material better and revise or rewrite the offending passages.

Plagiarism checkers also help students learn innovative writing techniques, improve their writing skills through better research and experience in summarizing ideas, and preserve academic integrity.

Do teachers use plagiarism checkers?

Many teachers use plagiarism checkers to ensure a student’s submission is 100% original work. With the rise of easy-to-use tools like Quetext, checking for authenticity and text matches is a quick and affordable process to scan millions of online data sources.

Using plagiarism checkers also allows teachers to educate their students on the importance of citing sources and the ethical responsibilities of research and opinion writing.

Plagiarism has always been a source of concern for teachers, but until now, options for manual detection have limited their opportunities to identify the problem efficiently. However, the evolution of technology in this area has made the tools more accessible than ever.

How do teachers check a paper for plagiarism?

Teachers are skilled at detecting plagiarism, especially those who have been teaching for a significant period or who teach in the areas of English or Literature. Some teachers use a simple technique of entering a sentence into a search engine to find instances of duplicate text on web pages.

However, this manner of plagiarism detection is manually intensive and dependent upon unreliable algorithms. Some may use their writer’s intuition by identifying anomalies in sentence structure, inconsistencies in vocabulary or grammar, or a combination of all of these.

Others use more sophisticated and robust plagiarism detection software, like Quetext. Quetext can scour millions of sites using DeepSearch™ technology to identify plagiarism in seconds. These tools also enable instructors to work with students to improve their writing and avoid repeating the same mistakes in the future.

Can students get in trouble for accidental plagiarism?

Yes, students can be penalized for plagiarism, even if it was an accident. Unfortunately, instructors have no way of knowing the intent behind plagiarism. Depending on the type of plagiarism, instructors may allow leeway for students to learn from their mistakes and correct the work without the threat of severe consequences.

However, repeat offenders are less likely to receive this flexibility and may face steeper penalties. Additionally, instructors of college-level courses with clear plagiarism guidelines and policies may be less inclined to let students off the hook and instead enforce severe consequences.

Is there a free plagiarism checker for students?

Yes! Quetext offers both a free and a paid subscription for students to seamlessly verify their writing. Quetext goes beyond traditional plagiarism checkers to provide students with advanced technology that puts content through three layers of evaluation in just a matter of seconds. This level of insight enables students to understand the degree to which the text has been plagiarized and decide whether to rewrite the text or use the citation assistant to cite sources.

Quetext also offers a detailed report students can use to document their editing efforts and present as proof of a plagiarism-free, 100% original content document.

Quetext's plagiarism tool also offers flexible pricing for its Pro features which facilitates the citation of online sources, attributions, and real-time feedback for writing improvement.

How can a student check for plagiarism?

Anyone can enter the text from a research paper into a search engine and find potential matches that identify instances of plagiarized content or duplicate content. However, this method is largely ineffective and does not identify every area of concern.

Students can use Quetext's free online plagiarism checker by creating an account, copying and pasting the text in question into the plagiarism checker, and receiving a comprehensive analysis with color-coded feedback, a plagiarism percentage score, and options for editing the text.

Quetext is one of the best plagiarism checkers available with high-quality insights and accurate results.

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Welcome to the e-commerce shops, digital platforms, websites, applications ("apps"), widgets, blogs, or other online offerings owned or operated by Learneo, Inc.; and any of their affiliates or subsidiary companies (collectively, “Student Brands,” “we,” “our,” or “us”), including but not limited to bartleby.com (“Bartleby”); studymode.com, cram.com, paperrater.com, and all other online offerings (collectively, the “Services”) that post links to these Service Terms (the “Service Terms”). Your use of and access to our Services is governed by these specific Service Terms and the Learneo Terms of Service available here (the “Learneo Terms of Service”) (collectively, as amended from time to time, the “Terms”). In the event of a conflict between these Service Terms and the Learneo Terms of Service, these Service Terms shall govern. The Services include the online Services, resources, forums, contests or sweepstakes offered or operated by Student Brands.

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• We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community for any reason.
• If you become aware of misuse of the Interactive Community, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law, please contact us at [email protected]. Notwithstanding the foregoing and to the maximum extent permitted by applicable law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any UGC, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or UGC within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community. The Interactive Community is not designed for use by individuals under the age of 18 years ("Minors"). No children under the age of 16 are permitted to register or create user profiles, and individuals aged between 16 and 18 must participate in the Interactive Community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
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• Content Moderation, Measures Use For the Purpose of Content Moderation and Content Recommendations .
• Content Moderation . For services that allow users to submit content, we reserve the right to remove content that violates the Terms, which includes our policies and guidelines. For instance, we use automated systems to identify and filter out certain content that violates our policies and/or guidelines. If the system does not detect any obvious signs of a violation, the respective content will be available online.
• Measures Used For the Purpose of Content Moderation . For services that allow users to submit content, in case of a violation of the Terms, which includes our policies and guidelines, or under applicable law, we will remove or disable access to your user content and terminate the accounts of those who repeatedly violate the Terms.
• Content Recommendations . To the extent that our Services provides any recommendations of content, our Services uses machine learning algorithms to recommend Content, as well as User-Generated Content, to Users to help them study better. These recommendations are based on data about the Content, e.g., the Content’s engagement data (based on, e.g., user traffic), relatedness of Content (e.g., based on a Users’ search terms), etc. Our Services may change how they recommend Content and User-Generated Content to Users. See section titled “Changes to Services and Amendments to the Terms” for more information.

3. Using the Services; Services and Content Use Restrictions.

• Creating an Account . Accounts may only be set up by you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
• Any deal terms presented to you at the time of subscription, rental, purchase, or other transaction you conduct on or initiate on the Services (“Transaction”) shall be considered Additional Terms. You agree to pay Student Brands all charges at the prices presented to you or your agent(s). You must provide, and you authorize Student Brands to charge, your chosen payment provider (your "Payment Method") when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the full credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may make changes to your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to Student Brands updating such stored information from time to time based on information provided by you, your bank or payment services processors. If you initiate a chargeback dispute for any payment or transaction made on our site, Student Brands reserves the right to terminate the provision of services or delivery or products to you pending resolution of the chargeback dispute with the credit card issuer.
• Subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber to terminate the subscription before renewal. Unless and until the subscription is canceled or terminated in accordance with the Terms , you hereby authorize us to charge your Payment Method to pay for the ongoing cost of the subscription. Subscription fees are NOT refundable if you request to cancel or terminate your subscription. Should a refund be issued by us, all refunds will be credited solely to the Payment Method used in the original transaction. You hereby further authorize us to charge your Payment Method for any and all additional purchases of Services and Content.
• Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or Services you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
• Services Use Restrictions . You agree that you will not: (i) use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Student Brands; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Student Brands, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate the Terms or any applicable Additional Terms.
• Content Use Restrictions . You also agree that, in using the Services, you will: (i) not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout); (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) not make any modifications to the Content (other than to the extent of your specifically permitted use of the Student Brands Licensed Elements, if applicable); (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Services, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by the Terms or any applicable Additional Terms, or with the prior written consent of an officer of Student Brands or, in the case of the Content from a licensor or owner of the Content; and (vii) not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Services.
• Availability of Services and Content . Student Brands, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in Student Brands’ sole discretion, and without advance notice or liability.
• Age of Users . Unless otherwise specifically noted in the features made available to you, the Services, Content and any products and services appearing or marketed on the Services are intended for and directed towards the purchase and use by adults (those aged 18 years or above) or by individuals 16 or older with the consent of adults. Individuals over the age of 16 and under the age of 18 years may only use the Services with the supervision of a parent or legal guardian and should review the Terms with a parent or legal guardian to ensure that they understand them.
• Internet Connectivity Charges . Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.

4. Wireless Features; Messages; Location-Based Features.

• Wireless Features . The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Services’ features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify Student Brands of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services includes push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Services is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
• You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or Services aside from the text subscription itself. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.
• Email Messages . You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
• Location-Based Features . If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy . Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on Device settings. You can terminate Device location tracking via a mobile app by us by uninstalling the application. Territory geo-filtering maybe required in connection with use of some Services features due, for instance, to Content territory restrictions. The location-based services offered in connection with Student Brands’ mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate.

5. Notice and Take Down Procedure for Claims of Infringement.

• DMCA Notification .If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
• Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
• Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
• Your name, address, telephone number, and email address so that we may contact you.
• 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.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The email address above is only for reporting copyright infringement and may not be used for any other purpose.

• If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.
• It is often difficult to determine if your copyright has been infringed. Student Brands may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and Bartleby may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
• a legend or subject line that says: “DMCA Counter-Notification”;
• a description 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 (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, email address, and the username of your account with us (if any);
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.
• Receipt of DMCA Counter-Notification . If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Student Brands nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent that an activity is infringing your copyrights.

6. Product Specifications; Pricing; Typographical Errors.

We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Student Brands shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Student Brands is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.

7. Termination or Suspension.

• Termination by Us . We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
• For You to Terminate . You may terminate the Terms by ceasing all use of the Services and deleting all Licensed Elements from your Device.
• Effect of Termination or Suspension . Following termination (by us or by you) or suspension, you will not be permitted to use the Services. Any suspension or termination will not affect your obligations to Student Brands under the Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Student Brands, all rights granted to you under the Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of the Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Student Brands in the Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

8. Disclaimers; Exclusions and Limitations of Liability.

• DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDENT BRANDS AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “STUDENT BRANDS PARTIES”) PROVIDE THE SERVICE, CONTENT, STUDENT BRANDS LICENSED ELEMENTS, OR OTHER STUDENT BRANDS PRODUCTS OR SERVICES ON AN "AS IS," "AS AVAILABLE," AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STUDENT BRANDS PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER STUDENT BRANDS PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDENT BRANDS PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BARTLEBY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BARTLEBY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) STUDENT BRANDS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY STUDENT BRANDS PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST STUDENT BRANDS PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
• EXCLUSION OF DAMAGES . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDENT BRANDS PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER STUDENT BRANDS PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
• your use of or inability to use the Services, or the performance of the Services;
• any action taken in connection with an investigation by Student Brands Parties or law enforcement authorities regarding your access to or use of the Services;
• any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
• any errors or omissions in the Services’ technical operation or security or any compromise or loss of your UGC or other data or information; or
• any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Student Brands Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE STUDENT BRANDS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID STUDENT BRANDS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY STUDENT BRANDS OR A MANUFACTURER OF A PHYSICAL PRODUCT.

The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by Student Brands that are included in applicable Additional Terms.

• APPLICABLE JURISDICTIONAL LIMITS . CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
• ESSENTIAL PURPOSE .UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Arbitration and Dispute Terms.

• Forum Selection/Jurisdiction . Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, the Content, your UGC, these Service Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, New York. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes.
• Pre-Arbitration Notification . Student Brands and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Student Brands need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Student Brands – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Student Brands is making a claim, the letter shall be sent, via email, to the email address listed in your Student Brands account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to: Learneo, Inc. Student Brands, Attn: Monique Ho, General Counsel, 2000 Seaport Blvd, Floor 3, Redwood City, CA 94063 US. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or Student Brands, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.
• Arbitration of Claims . Unless you give us notice of opt-out within five (5) business days of your first use of the Services, addressed to: Learneo, Inc. Student Brands, Attn: Monique Ho, General Counsel, 2000 Seaport Blvd, Floor 3, Redwood City, CA 94063 US. all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section 9, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York, New York, before a single arbitrator. If the matter in dispute is between Student Brands and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Service Terms waiving or limiting that relief) in a court of competent jurisdiction in New York, New York or, if sought by Student Brands, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section 9; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Supreme Court, Civil Branch, New York County or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. To the extent there are any challenges to the arbitrability of a claim, the arbitrator shall determine any and all such challenges.
• Limitation on Injunctive Relief . AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY STUDENT BRANDS PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BARTLEBY PARTY.
• Governing Law . These Service Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Student Brands Parties or by Student Brands against you pursuant to this Section 9, or otherwise related to the Services, Content, Licensed Elements, UGC, products or Student Brands Intellectual Property, will be governed by, construed, and resolved in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 9 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Student Brands agree that we intend that this Section 9 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 9 can only be amended by mutual agreement. Either party may seek enforcement of this Section 9 in any court of competent jurisdiction.
• Class Action Waiver . As permitted by applicable law, both you and Student Brands waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
• Jury Waiver . AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
• Small Claims Matters . Notwithstanding the foregoing, either of us may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).
• Survival . The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Services or the Terms.

10. General Provisions.

• Student Brands’ Consent or Approval . As to any provision in the Terms or any applicable Additional Terms that grants Student Brands a right of consent or approval, or permits Student Brands to exercise a right in its “sole discretion,” Student Brands may exercise that right in its sole and absolute discretion. No Student Brands consent or approval may be deemed to have been granted by Student Brands without being in writing and signed by an officer of Student Brands.
• Indemnity . As permitted by applicable law, you agree to, and you hereby, defend (if requested by Student Brands), indemnify, and hold the Student Brands Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Student Brands Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of the Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Student Brands Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Student Brands Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Student Brands Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Student Brands Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Student Brands. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
• Operation of Services; Availability of Products and Services; International Issues . Student Brands controls and operates the Services from the U.S., and makes no representation that the Services is appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
• Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
• Interpretation . Headings used in the Terms are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." The singular includes the plural and vice versa. The Terms, and the applicable Additional Terms, are binding upon each party and its successors and permitted assigns.
• Entire Agreement . Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
• Severability . The provisions of the Terms are intended to be severable. If for any reason any provision of the Terms is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.
• Our Affiliates, Suppliers and Licensors . Our affiliates, suppliers, licensors and other Student Brands Parties are intended third-party beneficiaries of these Service Terms.
• No Waiver . Our failure or delay to exercise or enforce any right, remedy or provision of the Terms or by law will not operate as a waiver of such or any other right, remedy or provision.
• Notices . Where we need to send you notices under the Terms or in connection with your use of the Services, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Services satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: Learneo, Inc. Student Brands, Attn: Monique Ho, General Counsel, 2000 Seaport Blvd, Floor 3, Redwood City, CA 94063 US.
• Force Majeure . We will not be liable to you for failing to perform our obligations under or arising out of the Terms, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors) or legislative or administrative interference (including those giving rise to currency changes or otherwise affecting our ability to operate or provide the nook service, whether in whole or in part).
• Changes to Services and Amendments to the Terms . To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify the Terms in our sole discretion. Your use of the Services after any modification we make constitutes your acceptance of the most recent version of the Terms as modified.
• Assignment . The Terms and all of your rights and obligations under them are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate the Terms or any of our rights and obligations under it.
• Contact Information . For help with the Services or if you have any questions regarding the Services or these Service Terms, please contact customer service at [email protected] . You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive the Terms or the applicable Additional Terms.

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