Early Expert Terms of Use

Early Expert (www.earlyexpert.com) is operated and presented to users by Step Ahead Studios, LLC (“Step Ahead Studios”). Step Ahead Studios, Early Expert, and any other derivative website on which these Terms of Use are posted, as well as any Early Expert apps, are referred to herein collectively as “SAS Websites and Apps,” “we” or “us.” We have adopted these Terms of Use to make you aware of the terms and conditions of your use of the SAS Websites and Apps.

In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “user” shall include such other entity or person in addition to you. Further, your acceptance of these Terms of Use shall constitute acceptance on your behalf of such other entity or person.

1. CONSENT

BY USING OR OTHERWISE ACCESSING ANY SAS WEBSITE, CLICKING ANY CHECKBOX STATING THAT YOU AGREE TO THESE TERMS OF USE, REGISTERING ON ANY SAS WEBSITE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM ANY SAS WEBSITE, OR PURCHASING PRODUCTS OR SERVICES VIA ANY SAS WEBSITE YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SAS WEBSITES AND APPS.

IF YOU ARE A PARENT, GUARDIAN, SCHOOL ADMINISTRATOR, OR TEACHER AND YOUR PROVIDE YOUR CONSENT TO YOUR CHILD’S OR STUDENT’S REGISTRATION OR USE OF ANY SAS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF SUCH CHILD OR STUDENT’S USE OF THE SAS WEBSITES AND APPS.

By agreeing to these Terms of Use, you acknowledge that the Terms of Use are supported by consideration, including but not limited to your use of the SAS Websites and Apps, the receipt and adequacy of which are hereby acknowledged. If, at any time, you do not comply with the Terms of Use, we reserve the right to revoke or limit your access to the SAS Websites and Apps.

2. OTHER TERMS

Other or special terms may apply to some services or products provided on the SAS Websites and Apps (the “Special Terms”). The Special Terms applicable to any given service or product are posted in connection with the applicable products and services, and are in addition to these Terms of Use. In the event of a conflict between any Special Terms and these Terms of Use, the Special Terms shall prevail.

There may be other agreements between you and Step Ahead Studios (the “Other Agreements”), the terms of which are incorporated herein by reference. In the event of a conflict between any Other Agreements and these Terms of Use, the Other Agreements shall control. By your consent to these Terms of Use, you further reaffirm your consent to the Other Agreements.

3. GENERAL TERMS AND RESTRICTIONS ON USE

Except where otherwise noted, all information, materials, functions and other content contained on the SAS Websites and Apps are protected by United States and international trademark and copyright law, and are owned and controlled by us, our licensors, or our licensees. You may not remove or obscure any proprietary rights notices contained in or on any of the SAS Websites and Apps.

The SAS Websites and Apps are provided only for your personal use, and you agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from any SAS Website without our express written consent. Where the SAS Website is configured to allow you to directly download content to your computer, or to receive content from us via e-mail or other electronic transmission, you may download or otherwise store one copy of such content to your computer for your own personal use and up to three additional archived copies for your backup and/or record retention purposes, provided, however, that all copies of such content shall remain subject to these Terms of Use.

In the event that we offer you the ability to download software via the SAS Websites and Apps, such software, including any files, images, and data incorporated therein or created thereby is licensed to you for your personal use and covered by these Terms of Use. You may not assign or sub-license any such software, nor may you use any such software for commercial means.

You are responsible for complying with all system requirements or other technical requirements which may be necessary to access the SAS Websites and Apps or any part thereof.

4. DECOMPILING; AUTOMATED ACCESS

Except as permitted by applicable law, you may not make any attempt to decompile, reverse engineer, disassemble, adapt, or otherwise reduce to readable form any aspect of the SAS Websites and Apps or any software offered for download.

The use of any software, code, device, or other mechanism to automatically access, interact with, provide data or information to, or manipulate any SAS Website or any part thereof is strictly prohibited. We reserve the right to terminate your account if we, in our sole and absolute discretion, determine that you have used or attempted to use any such mechanism.

5. SUBMISSIONS BY YOU

Step Ahead Studios welcomes your comments regarding the SAS Websites and Apps. Any unsolicited comments, feedback, notes, messages, ideas, suggestions or other communications from you to us (each a “Comment”), however, shall be and remain the exclusive property of SAS. Your submission of any Comment shall constitute an assignment to SAS of all worldwide right, title and interest in any and all copyright or other intellectual property rights in the Comment. SAS will be entitled to use and exploit the Comment for any purpose whatsoever, without liability, and without notice or compensation to you.

6. ACCOUNTS

To access some services on the SAS Websites and Apps you may be required to create an account. In the event you agree to register an account, you will be asked for certain information which may include a username and password and/or personal identification number (your “Account Information”). You agree that your Account Information is personal to you and not to share your Account Information with any other persons. You agree that the security and confidentiality of your Account Information is solely your responsibility, and that you will immediately notify SAS, via the contact information shown below, in the event that your Account Information changes or that you learn of or have reason to believe that your Account Information has been obtained or used by a third-party. In order to protect your account from unauthorized access, you agree to log out of your account at the end of each session of use.

During the account registration process, you agree to provide full, complete and truthful information and responses, and agree not to not impersonate any person or entity, or to misrepresent your identity or your affiliation with any person or entity, including through the use of another person’s name or likeness.

7. E-COMMERCE

We may allow you to order products and/or services via the SAS Websites and Apps, or require you to purchase subscriptions or other access to certain portions of the SAS Websites and Apps (“Orders”). Upon your placing of an Order, you agree to pay SAS the applicable purchase price of the product, service, or access. Prices and availability of products, services, and access may change without notice. To the extent that your Order requires you to pay any transaction fee, tax, or other amount in excess of the purchase price, such amounts shall be non-refundable.

8. WEBSITE ALTERATIONS

We reserve the right to modify, amend, remove, delete, or otherwise alter any portion of the SAS Websites and Apps or the functionality thereof at any time, at our sole discretion, and without liability.

9. PRIVACY

SAS’s Privacy Policy is incorporated herein by reference. SAS reserves the right to amend the Privacy Policy in the manner set forth therein. You acknowledge that you have read and understand the Privacy Policy and agree and consent to its terms.

10. PROHIBITED ACTIVITIES

You may not use the SAS Websites and Apps for any purposes or in any way that is unlawful or which causes harm to us or any other person or entity, including through any of the following types of activities:

* The use of the SAS Websites and Apps to post, store or disseminate material or information that is, or to a reasonable person may be, false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable;
* The use of the SAS Websites and Apps to post, store or disseminate content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
* The use of the SAS Websites and Apps to interfere, disrupt or attempt to gain unauthorized access to other accounts on the SAS Websites and Apps, to restricted portion of the SAS Websites and Apps, to content, or any other computer network or equipment;
* The use of the SAS Websites and Apps to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
* The use of the SAS Websites and Apps to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
* The use of the SAS Websites and Apps to engage in any activity that, as determined by us, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use;
* The use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the SAS Websites and Apps (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the SAS Websites and Apps);
* The use of the SAS Websites and Apps to gain competitive intelligence about SAS, the SAS Websites and Apps or any service offered via the SAS Websites and Apps or to otherwise compete with SAS or its affiliates;
* Framing or otherwise simulating the appearance or functions of the SAS Websites and Apps or any portion thereof; or
* Harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

11. EXCLUSION OF WARRANTIES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SAS WEBSITES AND APPS, ANY CONTENT, AND ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE SAS WEBSITES AND APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, SAS MAKES NO WARRANTY THAT ANY SAS WEBSITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SAS WEBSITES AND APPS WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SAS WEBSITES AND APPS WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAS WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SAS WEBSITES AND APPS OR ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SAS WEBSITES AND APPS, ANY CONTENT, SERVICES, OR PRODUCTS VIA THE SAS WEBSITES AND APPS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE SAS WEBSITES AND APPS, ANY CONTENT OR SAS’S SERVICES. IF YOU ARE DISSATISFIED WITH ANY SAS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SAS WEBSITES AND APPS AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.

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.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SAS, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the SAS Websites and Apps or any part thereof, (b) any information you provide via the SAS Websites and Apps, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use, (d) infringement or misappropriation of any intellectual property or other rights of SAS or its licensors or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under this Agreement, or (g) your use of any product or service provided by SAS via the SAS Websites and Apps.

14. TERM AND TERMINATION

These Terms of Use are effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that SAS, in its sole discretion, may terminate your use of the SAS Websites and Apps or any part thereof upon prior notice, and remove and discard any content, in the event you violate these Terms of Use. You agree that SAS may immediately suspend your account and your access to the SAS Websites and Apps or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. SAS may also, in its sole discretion and at any time, discontinue providing the SAS Websites and Apps, any part thereof, any content or any products or services advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in these Terms of Use, SAS reserves the right to terminate its agreement with you at any time and for any reason upon ten (10) days notice to you. Further, you agree that SAS shall not be liable to you or any third party for any termination or suspension of your access to the SAS Websites and Apps or any part thereof, removal of content or sale of any services. You may terminate your agreement with SAS at any time by immediately discontinuing all access to the SAS Websites and Apps and by providing notice to SAS of such discontinuance. Termination or cancellation of this agreement with SAS shall not affect any right or relief to which SAS may be entitled at law or in equity. Upon termination of your agreement with SAS, you shall terminate all use of the SAS Websites and Apps and any content or software provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with these Terms of Use.

15. GOVERNING LAW; MISCELLANEOUS

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of these Terms of Use shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

You acknowledge and agree that any expenses that you incur in furtherance of these Terms of Use are voluntary in nature and are made with the knowledge that these Terms of Use may be terminated as provided herein. You shall not make a claim against SAS, and SAS shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of these Terms of Use beyond the term hereof.

The parties agree that breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to SAS which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that SAS has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies SAS may have for your breach of these Terms of Use.

The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with the laws of Texas, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE SAS WEBSITES AND APPS, THEIR USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF SAS, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN DALLAS, TEXAS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

The provisions of these Terms of Use shall be deemed severable and if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of these Terms of Use shall nevertheless remain effective and binding upon the parties.

Our failure at any time to require strict performance of any provision of these Terms of Use shall not be considered to be a waiver of any breach, or of any succeeding breach, of such provision by any party.

16. COPYRIGHTS

SAS respects the intellectual property of others, and we ask our you to do the same. If you believe that SAS has copied or used your work in a way that constitutes copyright infringement, please provide us with the following information at the address provided below:

* An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on any SAS Website sufficient to allow us to locate the allegedly infringing material;
* Your 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 authorized to act on the copyright owner’s behalf.

17. AMENDMENT

Subject to applicable law, we reserve the right to change, modify, add, or remove portions of these Terms of Use at any time. In the event that we make a material change to these Terms of Use, we will notify you of such material change by providing you with notice of the change, at least thirty (30) calendar days prior to the effective date of such change, at the e-mail address you have provided to us and by posting a notice of such change on the SAS Websites and Apps. You are responsible, at all times, for updating and keeping current the e-mail address you have provided us. In the event that we send you an e-mail properly addressed to your last-updated e-mail address which, for whatever reason or reasons, is not delivered to you, the dispatch of such e-mail will nevertheless constitute effective notice to you of any amendment to these Terms of Use described in such notice.

18. CONTACT

If you have any questions, wish to send us comments about these Terms of Use, or would like to notify us of a potential claim of copyright infringement in accordance with Section 16 hereof, you may contact us at:

Telephone: (214) 717-5559
E-Mail: [email protected]
Attn: Legal

Last Updated: November 15, 2019