Terms and Conditions of Service
You are responsible for your use of the Service. You may use the Service only if you can form a binding contract with Struggly or a parent or legal guardian agrees to these Terms and Conditions on your behalf. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
2. Description of Website and Service
The Service allows users to access and use a variety of educational services. Struggly may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
3. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
4. Registration; Submission of Content
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information; (ii) to maintain the confidentiality of your password, credentials, other information related to the security of your account; (iii) to maintain and promptly update any information you provide to Struggly, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
As a condition of submitting content or information to Struggly, including any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials uploaded or used on the Services (“Content”), you hereby grant to Struggly a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Struggly, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Struggly have any obligation to you or anyone else to maintain the confidentiality of the Content.
5. Your Representations and Warranties
You represent and warrant to Struggly that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.
6. Inappropriate Use
As a user of the Service, You agree that You will not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available any content or information that is false or inaccurate;
- submit any content through the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content
- submit any materials, items, information, or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- distribute any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- use the Service to disseminate any information or content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable;
- distribute software viruses or otherwise act in a way that compromises any the security or reliability of the Struggly’s data or computer systems;
- interfere with or otherwise limit the use of the Service by other users; or collect, compile, or store personal information about other users of the Service;
- disrupt or interfere with the security and operation of the Services or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Services or any affiliated or linked sites
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the any part of the Service or the content contained therein without Struggly’s prior, express, and written permission; or
- use this Service for your own commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Service.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Struggly’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Struggly or its users to any harm or liability of any kind. You
7. Indemnification of Struggly
You agree to defend, indemnify and hold harmless Struggly and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
8. Payment And Refund Policies
Your subscription to the Service can be changed at any time in the “account settings” page when you are logged in. Your subscription to the Service will automatically renew if it is not cancelled before the beginning of the next subscription period. You understand and agree that You will not be entitled to a refund for any subscription period prior to cancellation.
In the event that Struggly suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind.
9. Third-Party Links, Sites, and Services
10. NO REPRESENTATIONS OR WARRANTIES BY STRUGGLY
Your access to and use of the Service are at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, STRUGGLY AND BOGGLE INC. DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Struggly, Boggl Inc. or its employees or affiliates will create any warranty not expressly made herein.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRUGGLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR BUNITIVE DAMAGES, OR ANY LOSS OF PROFITS ORE REVENUES WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
STRUGGLY’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STRUGGLY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Struggly may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Struggly account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Struggly’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions will survive any such termination.
13. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Struggly or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. All rights of Struggly or its licensors that are not expressly granted in these Terms and Conditions are reserved to Struggly and its licensors.
“Struggly” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Boggl Inc. or their affiliates or licensors. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Struggly name or any Struggly or third-party trademarks, service marks, graphics or logos.
15. Notice for Claims of Copyright Violations and Agent for Notice
Struggly respects the intellectual property rights of others and expects Users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Struggly pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your contact information including address, telephone number, and email address;
- 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; and
- 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.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing relating to the Service is:
- By mail: Boggl Inc., 539 W. Commerce Street, Suite 1010, Dallas, Texas 75208
- By email: [email protected]
16. Governing Law;
These Terms and Conditions, its subject matter and Struggly’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, will be governed by, and construed under the laws of the State of Texas, without regard to or application of its conflict of law provisions or those of your state or country of residence.
17. Arbitration; Class Action Wavier
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Struggly’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party will bear their own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you intend to seek arbitration you must first send written notice to Struggly’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Struggly should be sent by any of the following means: (i) electronic mail to [email protected]; or (ii) sending the Notice by U.S. Postal Service certified mail to Struggly, Inc., 539 W. Commerce Street, Suite 1010, Dallas, Texas 75208. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in Dallas County, Texas, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. We will reimburse all other JAMS filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees will be governed by the JAMS Rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Struggly may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND STRUGGLY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND STRUGGLY EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Struggly agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the Dallas County, Texas, and you and Struggly each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Struggly may still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms and Conditions constitute the entire and exclusive agreement between Struggly and You concerning the Services and supersed and replace any prior agreements. Other than Struggly, its affiliates, and its employees, no other person will be a third-party beneficiary to the Terms and Conditions.
In the event that any of the Terms and Conditions are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and the remaining Terms and Conditions will remain in full force and effect. A waiver by Struggly or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Struggly may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Struggly and you, and Struggly's and your respective successors and permitted assigns.
Last revised on August 5, 2022