Terms of Service (“Agreement”)

Welcome to the UOP Homeworks site located at URL: www.uophomeworks.com (the “Site”). The Site is owned and operated by UOP Homeworks. UOP Homeworks (UOP) may be used interchangeably in this Agreement, which governs your relationship with the UOP Homeworks website. UOP Homeworks has prepared this Terms of Use Agreement (these “Terms”) to help explain the rules that govern use of the Site and the services and applications offered by UOP Homeworks the “Services”. These Terms incorporate by reference the UOP Homeworks Academic Honesty Policy. By using UOP you agree and are bound to these terms.

Acceptance of terms

Users of the Site

UOP Homeworks is an on-line tutoring marketplace where you can get answers to questions you are struggling with and get paid to answer questions you know a lot about. There are three categories of persons using the Site: Visitors, who merely view the Site without posting any content, Purchasers (the people asking questions and purchasing answers to questions posted on the Site, called “Query Transactions”) and Contributors, the people answering the questions posed by Purchasers and selling answers to Purchasers (which is the other side of a Query Transaction). Any user or Visitor can be either an Purchaser or a Contributor or both.

Potential Purchasers may simply post a question they want answered on the site. UOP Homeworks will make these questions available to the Contributors. Contributors may post answers to these questions, called tutorials, and Purchasers, in turn, may use their PayPal or credit card to purchase them.

Visitors, Purchasers, users and Contributors will be collectively referred to as you or your in these Terms.

Eligibility

Our Websites and Services are available to individuals age 13 and over whose accounts have not been terminated, suspended or restricted by UOP Homeworks. If you are between the ages of 13 and 18, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. When you use the Site, you represent that:

(a) the information you submit is truthful and accurate;

(b) you will update your contact information if it changes so that UOP Homeworks can contact you;

(c) your use of the Site and your use of the Services available on the Site do not violate any applicable law or regulation;

(d) you are 13 years of age or older;

and (e) you will comply with the rules for on-line conduct and what you contribute to the Site, as discussed in the section below.

(a) own or have sufficient rights to post your Contributions, on or through the Site;
(b) will not post Contributions that violate UOP Homeworks or any other persons privacy rights, publicity rights, copyrights or contract rights;
(c) have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through the Site;
(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; (iii) solicit personal information from anyone under 13; or (iv) exploit anyone in a sexual or violent manner;
(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than the Services);
(f) will not use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without UOP Homeworks express written consent;
(g) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on UOP Homeworks or others computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(i) will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(j) have all the licenses required to give a response to an Purchaser;
(k) will not engage in the unauthorized practice of law or medicine;
(l) will not claim that any Contributors work is your own work; or
(m) will not sell or re-sell any Contributors work to a third party.

Grant of License to Us and Purchasers for Contributions

By making a Contribution to the Site, you grant UOP Homeworks a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to UOP Homeworks), fully-paid, royalty-free (meaning that UOP Homeworks is not required to pay you to use your Contribution), sublicensable (meaning that UOP Homeworks can sublicense its rights to, for example, third party hosted service providers who host the Site) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.

Use and Protection of Username and Password

You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you

UOP Homeworks Intellectual Property Rights

All of the content on the Site (Materials), the trademarks, service marks, and logos contained on the Site (Marks), are owned by or licensed to UOP Homeworks and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. UOP Homeworks reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that UOP Homeworks provides, unless otherwise specifically authorized by us in a separate written agreement.

Your PayPal Account

You must a PayPal account to make purchase or PayPal offers credit card purchases as well. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Purchasers may not engage in a Query Transaction if they do not have sufficient funds in their account. If a Purchaser pays you for a Query Transaction, PayPal will transfer the money from the Purchasers account into our PayPal. We will then transfer the money to your PayPal account upon request, payments may take up to 6 weeks to process. UOP Homeworks is not a financial institution. UOP Homeworks does not insure you for any loss that might occur from your PayPal accounts and does not pay you interest on your accounts. UOP Homeworks is not responsible for your use of the PayPal services. You must resolve any disputes directly with PayPal.

UOP Homeworks Management of the Site/User Misconduct.

Site Management. UOP Homeworks may, but is not required to: (a) monitor or review the Site for violations of these Terms and for compliance with UOP Homeworks policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of UOP Homeworks policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect UOP Homeworks and third parties rights and property or to facilitate the proper functioning of the Site. If you engage, in UOP Homeworks sole discretion, in fraudulent activities, you understand and agree that UOP Homeworks has the right to immediately close your account and that you will not be entitled to receive any of the funds in your account.

UOP Homeworks Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, UOP HOMEWORKS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON WHO IS IN BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.

No Guaranteed Access to Contributions Upon Termination. IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. STUDENT OF FORTUNE RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.

Risk of Harm. There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. We discourage you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address and street addresses. Despite this prohibition, other peoples information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. UOP Homeworks expects that you will use caution and common sense when using the Site.

No Responsibility for Contributions Posted on the Site

UOP Homeworks is not responsible for the content posted by Contributors, its accuracy, reliability, impact or effect on anyone who makes use of the Contributor content in any way. UOP Homeworks reserves the right to remove Content for any reason and at any time, without notification or warnings of any kind. You should not rely on answers posted on the Site. The answers are only intended to be a tutorial, and they may not accurately or fully answer your question.

Links and Search Results

The Site may automatically produce or contain links to third party sites throughout the Internet (Third Party Sites). UOP Homeworks does not own or operate Third Party Sites, and UOP Homeworks has not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that UOP Homeworks endorses any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against UOP Homeworks for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site.

THESE TERMS DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SITE OR A LINK LOCATED ON THE SITE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

Copyright Policy

UOP Homeworks will terminate, in appropriate circumstances, the accounts of subscribers who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification to dcma@uophomeworks.com Modifications

The Internet and technology are rapidly changing. Accordingly, UOP Homeworks may modify these Terms from time to time. If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. UOP Homeworks will also put any revised versions of these Terms on the Site. It is therefore important that you regularly check the Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.

Term, Termination and Survival

These Terms shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by following the instructions here http://uophomeworks.com/author-dashboard/. Upon termination of your account for any reason, any pending transactions will be cancelled, and you will no longer be able to retrieve materials contained in the account. If we remove your content from the Site because of an allegation of infringement, you may not engage in any further transactions with respect to that content, and we will not pay you any additional fees for that Content. You further agree to return to us any fees you earned from such Content on the Site. You will remain liable for all obligations related to your account even after your account is closed. If you do not access your account for a period of three years, it will be terminated. UOP Homeworks will not have the obligation to take, transfer or otherwise port any of your Contributions and/or account information or to store or provide access to your Contributions or account information. If you delete your account, any Contributions you made to the site will remain on the site in perpetuity, and UOP Homeworks may continue to collect fees for your Contributions. Even after your use and participation is terminated, these Terms will remain in effect, including sections: 1-7, 9-12, 14, 15.3, 16 and 18-27.

Fees

The fees for the use of this site are as stated: UOP Homeworks keeps  30% of all earnings by tutors and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars.

Taxes

If you earn more than $600, you must complete a W9 tax form and submit it to UOP Homeworks. UOP Homeworks will not permit you to withdraw funds in excess of $600 from your account if you do not submit a W9 tax form. Typically you will have to submit form upon first withdrawal to limit fraud.

You expressly agree that any inquiries or disputes regarding any Transaction Fee must be made within thirty days after the applicable Query Transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of UOP Homeworks regarding such Transaction Fee inquiry is final.

Risk of Reversals, Chargebacks and Claims

(a) Purchasers

Purchasers may not chargeback any fees they pay for a Contribution on the Site. If you do a chargeback, UOP Homeworks will: (i) immediately suspend your account; and (ii) charge you for the cost of such chargeback plus the applicable fees posted at You agree that we may recoup such fees from you, and you agree to directly pay UOP Homeworks such fees. If you request a chargeback, the credit card issuer, not UOP Homeworks, will determine whether the chargeback is granted.

(b) Sellers

If UOP Homeworks is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that you posted, you agree that we may recoup this charge from you, and you agree to either: (i) directly pay UOP Homeworks these fees; or (ii) permit UOP Homeworks to debit these fees from future fees you earn on the Site.

No Off-Site Transactions

Contributors receive payment from Purchasers payments via the Site only. UOP Homeworks does not condone or in any way participate or become a party to any off-site transactions between users of the Site.

Account Termination/Fees

If you elect to terminate your Account, UOP Homeworks will remove your Contributions from the Site. However, you will not be able to collect fees from any Query Transactions completed after such termination. UOP Homeworks reserves the right to withhold funds from: (a) fraudulent accounts (b) accounts terminated after they have been dormant for three years and/or (c) accounts in dispute where no dispute resolution has been sought within six months after termination.

No Refunds

You expressly agree and understand that UOP Homeworks will not offer any refunds for Query Transactions whatsoever. You participate in an Inquiry Transaction at your own risk. You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.

Disputes Between Users

Any transactions between Purchasers and Contributors making use of the Site are solely between them. You are solely responsible for your conduct. You agree that UOP Homeworks cannot be liable for any dispute that arises between you and any other user.

Resolution of Disputes

If a dispute arises between you and UOP Homeworks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.

(a) General

You and UOP Homeworks agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, Disputes) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and Student with Solutions are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and UOP Homeworks otherwise agree, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This Legal Disputes section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a partys intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

(b) Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the AAA Rules) then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

(c) Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAAs roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

(d) Arbitration Location and Procedure

Unless you and UOP Homeworks otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and UOP Homeworks submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

(e) Arbitrators Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrators decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrators award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimants individual claim. If you prevail in arbitration you will be entitled to an award of attorneys fees and expenses, to the extent provided under applicable law. UOP Homeworks will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

(f) Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, UOP Homeworks will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

(g) Changes

If UOP Homeworks changes this Legal Disputes section, you may reject any such change by sending us written notice (payment@uophomeworks.com) within 30 days of the date such change became effective, as indicated in the Last Updated date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and UOP Homeworks in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use).

This Legal Disputes section shall survive any expiration or termination of your relationship with UOP Homeworks.

Disclaimer

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, UOP HOMEWORKS DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT UOP HOMEWORKS BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. UOP HOMEWORKS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UOP HOMEWORKS OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UOP HOMEWORKS AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

UOP HOMEWORKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. UOP HOMEWORKS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF UOP HOMEWORKS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT SHALL UOP HOMEWORKS OR ANY OF ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS AND OTHER CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, UOP HOMEWORKS LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO UOP HOMEWORKS IN THE SIX MONTHS, OR $250, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, UOP HOMEWORKS S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH UOP HOMEWORKS.

Indemnity

You agree to indemnify and hold UOP Homeworks, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Site, Content or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH UOP HOMEWORKS

Liquidated Damages

You agree that any violation or threatened violation of Section 4(h) may cause irreparable injury to the other party, entitling the other party to seek injunctive relief in addition to all legal remedies. As a reasonable estimation of harm resulting from a breach of Section 4(h), you agree to pay UOP Homeworks $50 for each unsolicited email or other unsolicited communication you send through the Site.

Not A Fiduciary

Users may upload credit card information and make financial transactions using the Site. UOP Homeworks is not a party to those transactions between users and does not take, hold or disperse money. Rather, UOP Homeworks takes a transaction fee from the applicable user, and otherwise the monetary transfers are between Purchasers and Contributors. You acknowledge that UOP Homeworks is not a bank, credit card or financial services agency. UOP Homeworks is not acting as a trustee, fiduciary or escrow with respect to the transactions made in connection with the Site or the Services.

Miscellaneous

(a) Entire Agreement

These Terms constitute the entire agreement between UOP Homeworks and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and UOP Homeworks related to the subject matter hereof.

(b) Independent Contractors

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between UOP Homeworks and any user.

(c) No Third Party Beneficiaries

These Terms are between you and UOP Homeworks. There are no third-party beneficiaries to these Terms.

(d) Section Titles

The section titles in these Terms are for convenience only and have no legal or contractual effect.

(e) Non-Waiver

Students with Solution’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

(f) Severability

These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(g) Assignment

You may not assign your rights under these Terms to any third party; UOP Homeworks may assign Students with Solution rights under these Terms without condition.

(h) U.S. Export Controls

You acknowledge and agree that software you download from the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan or Iran or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Departments list of Specially Designated Nationals of the United States Commerce Departments Table of Deny Orders. By downloading or using any of the software available from the Site, you represent and warrant that you are not located in, under the control of. or a national or resident of any such country or on any such list.

Contact

If you have any questions or concerns regarding the UOP Homeworks Website, please write to us at contact@uophomeworks.com . All notices, authorizations, and requests to UOP Homeworks shall be deemed given on receipt.