1. INTRODUCTION
Welcome to Scholar Frames! These Terms of Service (“Terms”) constitute a legally binding agreement between you and Scholar Frames. (“Scholar Frames,” “we,” “our,” or “us”) governing your access to and use of our website, www.scholarframes.com, our mobile applications, and related services (collectively, the “Services”).
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. ELIGIBILITY
You must be at least 18 years old to create an account and use our Services. If you are under 18 but at least 13 years old, you may use our Services only with the involvement and consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your account information.
3.3 Account Termination
We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
4. ORDERING AND PAYMENT
4.1 Product Information
We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, pricing, or other content on our Services is accurate, complete, reliable, current, or error-free.
4.2 Order Acceptance
Your order constitutes an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including product unavailability, errors in pricing or product information, or suspected fraud.
4.3 Pricing and Payment
All prices are listed in U.S. dollars and are subject to change without notice. You agree to pay all charges at the prices in effect when you place your order. By providing payment information, you represent and warrant that you have the legal right to use the payment method you provide.
4.4 Taxes
You are responsible for paying all applicable taxes associated with your purchases. For orders shipped to states where we have a legal obligation to collect sales tax, we will calculate and add the appropriate amount to your order.
5. SHIPPING AND DELIVERY
5.1 Shipping Methods
We offer various shipping methods, including our guaranteed before move-in delivery service for college dormitories. Shipping rates and estimated delivery timeframes are provided during checkout.
5.2 Delivery Timing
While we strive to meet all delivery timeframes, especially our move-in guarantees, occasional delays may occur due to factors beyond our control, such as weather conditions, carrier delays, or campus access restrictions. We will make reasonable efforts to notify you of any significant delays.
5.3 In-Room Delivery
For our in-room delivery service, you authorize us to coordinate with your educational institution to gain appropriate access to designated dormitory spaces. You are responsible for providing accurate dormitory information and following your institution’s protocols for receiving deliveries.
5.4 Risk of Loss
The risk of loss and title for items purchased from us passes to you upon our delivery to the carrier or, if applicable, upon delivery to your dormitory room.
6. RETURNS AND REFUNDS
6.1 Return Policy
We offer returns within 30 days of receipt for unused, unopened products in their original packaging. Certain items may be excluded from our return policy, as indicated in product descriptions.
6.2 Return Process
To initiate a return, please contact our customer service team. You will receive instructions on how to return your items, including return shipping labels if applicable.
6.3 Refunds
Refunds will be issued to your original payment method once we receive and inspect the returned items. Processing time for refunds may vary depending on your payment provider.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Our Content
All content on our Services, including text, graphics, logos, images, and software, is the property of Scholar Frames or our content suppliers and is protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to: (a) reproduce, distribute, modify, or create derivative works of our content; (b) use our content for any commercial purpose; or (c) access our Services through automated means.
7.3 Trademarks
Our name, logos, product names, and other marks are trademarks of Scholar Frames. You may not use these marks without our prior written permission.
8. USER CONTENT
8.1 Content Submission
If you submit reviews, comments, or other content to our Services (“User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
8.2 Content Restrictions
You may not submit User Content that is illegal, offensive, defamatory, infringing on intellectual property rights, or otherwise inappropriate. We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason.
8.3 Representations and Warranties
You represent and warrant that: (a) you own or have the necessary rights to share User Content; (b) your User Content does not violate the rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.
9. PROHIBITED ACTIVITIES
When using our Services, you agree not to:
Violate any applicable laws or regulations
Infringe upon the rights of others
Attempt to gain unauthorized access to our systems or user accounts
Use our Services for fraudulent purposes
Interfere with the proper functioning of our website
Engage in any activity that could damage, disable, or impair our Services
Use any data mining, robots, or similar data gathering methods
Impersonate any person or entity
Harass, abuse, or harm another person
Submit false or misleading information
10. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH OUR SERVICES.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCHOLAR FRAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Scholar Frames and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
13.2 Dispute Resolution
Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Dover, Delaware, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.
14. CHANGES TO THESE TERMS
We may update these Terms from time to time at our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our website with a new “Last Updated” date. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Scholar Frames regarding your use of our Services.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.