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You Are Here: Home > Terms of Use

Cramster Terms of Use

Cramster Terms of Use

The following sets out the terms and conditions of use ("Terms of Use") governing your access to and use of the Cramster web site ("Web Site") as well as your relationship with Cramster, Inc. ("Cramster"). You agree to be bound by these Terms of Use by browsing, accessing or using the Web Site or any of its related products and services, including the Cramster Answer Board ("Answer Board") and the Cramster Study Tips ("Study Tips"); by participating in any of the Web Site's related activities, including the Cramster Challenge ("Challenge"), the Cramster Karma Points Program ("Karma Points Program"), and the Cramster Practice Problem Project ("Practice Problem Project"); or by downloading any materials or content.

These Terms of Use also incorporate other terms, conditions, rules, guidelines and requirements governing your use of particular Web Site products and services or your participation in related Web Site activities, including the Answer Board Terms of Service and Conduct ("TSC"), the Challenge Terms and Conditions ("TAC"), the Practice Problem Project Guidelines ("PPP Guidelines") and the Cramster Privacy Policy ("Privacy Policy"), as well as any other referenced or posted guidelines with respect to any Web Site product or service, activity, or content and materials (all such terms, conditions, rules and guidelines referred to collectively herein as these Terms of Use). These Terms of Use grant you a limited license to use the Web Site for personal, non-commercial use, as further described below and in the other incorporated terms, conditions, rules, guidelines and requirements.

Please read these Terms of Use (including the incorporated terms, conditions, rules, guidelines and requirements) carefully before using this Web Site or any of its related products and services or participating in its related activities. If you do not agree to these Terms of Use, do not use this Web Site or any of its related products and services or participate in any of its related activities.

Cramster reserves the right to amend, update or revise these Terms of Use at any time at its sole discretion. Your continued access or use of the Web Site (including any of its related products and services, activities and/or content or materials) following the posting of notice of any amendments, updates or revisions shall constitute your acceptance of and agreement to be bound by such changes. If you do not agree to any such changes, do not continue use of the Web Site or of the applicable products or services, activities, programs and/or content or materials. Your access and use of the Web Site, including its related products and services, activities, programs and/or its content or materials, at any time will be subject to the then-current posted Terms of Use. Please check back frequently for the most recent changes to the Terms of Use and all incorporated terms.

1. Permitted Use of Web Site

You may use the Web Site, including its related products and services, only in accordance with these Terms of Use and any other requirements of Cramster applicable to such products and services. You may use the Web Site as a subscription or premium member ("Premium Member") or a non-subscription or free member ("Free Member") or as a non-registered visitor ("Visitor"), as each is further described below and on the Web Site. Premium Members and Free Members, each of whom are required to register as Members of Cramster.com, are collectively referred to as "Members" in this Terms of Use. Certain products and services, activities and/or content and materials of the Web Site are available to Premium Members only, as described below.

A. Registration Services - Members Only

Generally, as a registered Member of Cramster.com, you may use the Web Site as a source of links to publicly available material posted by third parties on other web sites (including videos of lectures or presentations) and/or to access proprietary content of Cramster on the Web Site, including both publicly available lecture notes, sample exams and solutions and proprietary step-by-step solutions, however, as specified on the Member sign up page , only Premium Members have access to publicly-available and proprietary step-by-step solutions for both odd and even numbered problems from selected problem manuals.

The proprietary content of Cramster, but not the publicly available material, is subject to an automated permission scheme that limits the access to and use of the proprietary content consistent with the applicable term and level of a Member's account (i.e., subscription (Premium) or non-subscription (Free)), including maximum permissible amounts of downloads (100 per day). There are similar download and print limits on the publicly available material linked from Cramster.

During the term of your membership, you may access, view, open and, subject to the maximum permissible amounts, make limited amounts of copies, either in softcopy or printed copy, of the selected proprietary content of Cramster accessible for your level of membership. In the event you meet or exceed the maximum permissible amounts of downloads or prints, you will receive a notice to contact Cramster customer support; you may request an extension of the above limits, however, Cramster shall be under no obligation to increase the daily limits specified above for any Member.

Cramster has no obligation but reserves the right to monitor each Member account for excessive downloads, and Cramster may terminate an account for excessive downloads upon notice to the Member, as further described in Section 11 of this Terms of Use. After expiration or termination of your membership, including cancellation of your Member account by you, the proprietary content of Cramster may not be accessed, viewed, opened, copied or printed. Therefore, Cramster recommends Members download only the amount of proprietary content that can be reviewed during the applicable term and level of your membership.

Furthermore, in addition to being able to review the same material and participate in the same activities available to Visitors, as a Member you may use certain additional Web Site services, such as participate in the Answer Board, Challenge, and Practice Problem Project, utilize the Study Tips, and take part in Cramster surveys and polls, as well as participate in the Karma Points Program.

Cramster Challenge. The Challenge permits Members to submit their own alternative solutions, or "challenges", to those provided by Cramster in its proprietary content on the Web Site, however, as specified on the Member sign up page and as further described on the Challenge page of the Web Site, whereas Free Members can only challenge proprietary step-by-step solutions to odd numbered problems, Premium Members can challenge proprietary step-by-step solutions to odd and even numbered problems.

Answer Board. The Answer Board permits Members to submit and review questions, responses and commentary on solutions and their associated problems, including for review and response by Cramster subject matter experts ("SMEs"), however, as specified on the Member sign up page and as further described in the Answer Board TSC, whereas Free Members are initially classified as "Rookies" and have the ability to submit only one question per day to the Answer Board, Premium Members with monthly subscriptions are initially classified as "Pupils" and have the ability to submit up to three questions per day to the Answer Board, and Premium Members with annual subscriptions are initially classified as "Scholars" and have the ability to submit up to five questions per day to the Answer Board, with each type of Premium Member getting priority for responses on the Answer Board. As further described below, each level of Answer Board is associated with a certain number of Karma Points and applicable credit or redemption options.

Practice Problem Project. The Project Problem Project permits Members to submit their own created problems and solutions for review and posting on the Web Site. For more information on the Practice Problem Project, including restrictions and prohibitions on content of submissions and user conduct, refer to the PPP Guidelines.

Karma Points Program. By participating in certain activities, including submitting a challenge, answering another Member's questions or contributing content for the Practice Problem Project, Members can earn "Karma Points" that provide more opportunities to the Member in using Cramster.com and its products and services, as well as the opportunity to redeem the Member's Karma Points for certain products and other items, including credit towards Premium membership subscriptions. The Karma Points webpage describes how to earn and use Karma Points, how to redeem Karma Points, as well as ways in which Karma Points may be lost or denied. Remember that the amount of Karma Points that may be earned for any activity, as well as the redemption values of Karma Points and any associated product or service rewards, including membership credits, are subject to change by Cramster at its discretion. The then-current credit and redemption amounts for Karma Points are listed on the Karma Points Rewards web page. Also, remember that Karma Points are only redeemable once and redeeming your Karma Points will not impact your Answer Board level. For more information on Karma Points and how to earn and use them, go to the Karma Points web page. web page. For more information on the Karma Points Program rules, including on requirements, restrictions and limitations, go to Section 12 of this Terms of Use.



B. Non-registration Services – Members and Visitors

As a Visitor, you may review, but not participate in, the submissions and responses to the Answer Board, and may review the proprietary content and materials in and access the publicly available content on third party web sites through the Study Tips, including study-related topics, such as best study practices, helpful hints and study break ideas, etc., as well as participate in Study Tips online polls of study-related activities and information, as may be offered by Cramster from time to time. To view the type of information available, go to the Study Tips web page.

C. Limitations on Usage of All Services – Members and Visitors

Whether as a Premium Member, Free Member or Visitor of this Web Site, you acknowledge and understand that the content and materials accessed when using this Web Site, whether Cramster's proprietary content or materials or publicly available content or materials, including any and all course and homework solutions and other materials and any and all questions, responses, commentary, hints or other materials submitted, reviewed, posted and/or received using the Answer Board, Study Tips, Practice Problem Project or Challenge or contained in the Newsletter (collectively, "Content"), are made available merely as informational and study aids and should not be considered substitutes for applicable course, homework, class and lecture requirements, assignments and related materials or for applicable course, homework, class and lecture attendance. In using the Content and the Web Site services, you specifically agree not to use, claim or submit as your own any copies of any such Content, including as part of any course, homework, class or lecture. You further acknowledge and understand that all such Content, including as contained in course and homework solutions in publicly available third party content or materials, in Cramster's proprietary content or materials, or otherwise contained in the Answer Board, Study Tips or Newsletter, may be incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

Cramster may modify the Web Site at any time, including change, add or discontinue any product or service made available on or through the Web Site to Members and Visitors (including the Answer Board, Study Tips, Challenge, Practice Problem Project or Newsletter, or any part thereof), change the earning, credit or redemption value of Karma Points and/or change, add or discontinue any items or products available for credit or redemption under the Karma Point Program, change any Cramster proprietary content or materials, and add or discontinue links to any publicly available content or materials, and any such change, addition or discontinuance shall be effective immediately. Thereafter, your continued use of the Web Site, or of the applicable product, service or Content, will indicate your acceptance to any such changes, additions or discontinuances.

While using this Web Site, including any product, service or Content accessible on or through the Web Site (including the Answer Board, Study Tips and Practice Problem Project), as well as while participating in the Karma Points Program, you agree to comply with all applicable laws, rules and regulations with respect to such use thereof, including with respect to all intellectual property and proprietary rights of Cramster and any third party. Specifically, you agree not to submit content or materials to Cramster, including via the Answer Board, Study Tips, Practice Problem Project or Challenge, that infringe any intellectual property or proprietary rights of any third party or violate any other applicable law, rule or regulation with respect to such content, materials or submission. Further, by submitting content or materials to Cramster, including via the Answer Board, Study Tips, Practice Problem Project or Challenge, you thereby grant to Cramster a royalty-free, license to use, modify, copy, distribute, transfer or sell any such content or material for any purpose, at Cramster's sole discretion, including posting such material in any form on any area of the Web Site (including on the Cramster Answer Board and Study Tips) or packaging and distributing such submitted content or materials with any other content or materials or other proprietary content in or on any format or media of any kind whatsoever.

2. Restrictions on Use of Web site

Any use of the Web Site not permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, performance, re-hosting, tampering, framing or embedding of this Web Site or its Content or tools, or any commercial use whatsoever of this Web Site or its Content or its tools, including charging others for access to or selling collections of Content gathered from the Web Site, is strictly prohibited without the prior written consent of Cramster.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, tool or Content on the Web Site. Further, you agree not to attempt to reproduce the Cramster database of links in whole or in part or to extract, data mine or otherwise copy the Content of the Web Site, or any part thereof, including the proprietary Content of Cramster, either manually or automatically.

3. Third Party Web Sites and Content

The Web Site, including its related products and services, may contain links to web sites managed or controlled by third parties. These web sites, including the operation, availability and content thereof, and your use of these web sites, including any products or services made available through these websites, are governed by the applicable policies of the respective third parties. Cramster does not endorse these third parties, their party web sites, or their products or services or the content of their web sites, nor is Cramster acting as an agent thereof, and Cramster is not responsible for the policies (including any web site terms of use and privacy policy) or actions of these third parties. Cramster does not warrant in any way the products, services or business practices of any such third parties or the content of their web sites. Cramster encourages you to review the privacy and other policies of these third parties and their web sites. Cramster reserves the right to eliminate or change any such link without prior notice. In addition, Cramster does not endorse or warrant, and is not responsible for, any third party content submitted by or for any Member to the Answer Board, Challenge, Practice Problem Project or Study Tips.

4. Subscriptions and Billing

Subscriptions. As a Member, you may use Cramster's subscription services for online research of the materials made available on or through the Web Site. You will pay monthly or yearly subscriptions, as selected by you, for unlimited use of the Web Site during the applicable period. Third party payments for subscriptions, such as by a parent or other relative, are also permitted. The subscription rates are set out during the check out process and are payable in advance of each applicable period. Annual subscriptions are subject to discount over monthly subscription rates, as indicated under "pricing information."

Renewals. Monthly and annual subscriptions automatically renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until your subscription is terminated by us or cancelled by you. You may elect to temporarily "pause" your subscription, for example, during school breaks or vacation, for up to a total of 3 months (90 days) in any one subscription year (i.e., during the 12 month period following the commencement or anniversary of your yearly or monthly subscription, as applicable), and the period of your subscription will be extended by the total amount of such "pause" period(s).

Payments and Cancellation. You agree to pay all fees for the subscription services, plus any applicable taxes or other charges as may be required, when due and payable. All fees and charges are payable in advance and non-refundable, including after cancellation. If you wish to cancel your subscription, please visit the customer support web area on the Web Site. Cancellation of subscriptions will take effect at the end of the applicable then-current billing period for which payment has been made in advance as described above.

Free Trial Memberships and Promotions. Cramster may from time to time introduce free trials, discount coupons or other promotions. Free trial Premium Member subscriptions require you to register with a valid credit card to commence. Members that sign up for a free trial membership at the Premium level will be automatically renewed at the normal monthly subscription rate for Premium Members at the end of the trial period, unless the Member cancels the Premium level membership at least before the end of the trial. You can cancel a free trial online or by contacting Customer Support. After cancellation of a free trial, the Member can continue as a Free Member. Only one free trial Premium Member subscription is allowed per person. Subsequent registrations do not qualify for free trials. Unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.

Coupons or other promotions may, for example, provide Premium membership at a special discounted price for a period, followed by a higher price after the initial promotional period. By subscribing to such promotions, you agree that you will be responsible for all payments as specified in the promotion, and you agree that Cramster may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without further notice or other communication to you, and charge your credit card accordingly.

New Services. Cramster may, from time to time, introduce new, or additional features to existing, products and services, activities, or content and materials, which may be a part of, or priced separately from, existing levels of membership at Cramster's sole discretion.

5. Account Information and Maintenance

Each Member agrees to use the Member's 'My Cramster' page to review and update as required the account information the Member submitted during registration, including, at a minimum, valid email address, name, address (including street, city, state and zip code), and, for Premium Members (including trial premium memberships) only, valid payment information (e.g., credit card number and expiration date). The Member agrees that Cramster may send the administrative and account renewal notices and otherwise communicate with the Member about these Terms of Use by email to the email address provided by the Member. Cramster shall not be responsible or liable if the Member does not receive notices from Cramster due to incorrect or outdated email address provided by Member. Members and Visitors each warrant that any such account information provided by them to Cramster is true, accurate and current.

Each Member's access to the Web Site's products and services is controlled by the Member's username and password. The Member agrees not to share the Member's password with anyone else. If the Member knows or suspects someone else has gained knowledge of the Member's password, the Member agrees to promptly reset it on the Member's 'My Cramster' page. Each Member shall be responsible and liable for all activities that occur under the Member's account or password, including any unauthorized use thereof. In instances where Member requests support from Cramster, and to the extent necessary, Member agrees to permit Cramster, at the time of such request, to log into Member's account using Member's password for the purpose of such support.

6. Intellectual Property Rights

You acknowledge and agree that the Web Site's database, including the proprietary content of Cramster, and the related products and services available on the Web Site are the property of Cramster. You further acknowledge and agree that, with respect to the proprietary content of Cramster, these Terms of Use provide only a limited permission to access and use such content to those Members with subscription accounts, and nothing contained in these Terms of Use grant to you or any third party any right, title or interest in or to the proprietary content of Cramster, and no license of any kind is granted to you or any third party to such content under these Terms of Use. "Cramster SM" is a service mark of Cramster. The copyrights, trademarks and other intellectual property rights in and to the content and materials on or made available through the Web Site are the property of their respective owners.

7. Notice of Corrections or Infringement

If you believe any information on the Web Site is inaccurate or contains material errors or omissions, please contact us at servicedesk@cramster.com. If you believe in good faith that any materials on or accessed by the Web Site infringe your copyright on such materials, you may send us a notice requesting that the material be removed or access thereto be disabled. The requirements for any such notice are set out in the Digital Millennium Copyright Act of 1988, and notices should directed to:

Cramster, Inc.
Attn: D.M.C.A. Compliance
65 North Raymond Street, Suite 315
Pasadena, CA 91103

Email: servicedesk@cramster.com

8. DISCLAIMER; LIMITATION OF LIABILITY

THE WEB SITE, INCLUDING ALL RELATED PRODUCTS AND SERVICES (INCLUDING THE SUBSCRIPTION SERVICES, ANSWER BOARD AND STUDY TIPS) AND ALL CONTENT AND MATERIALS MADE AVALABLE ON OR THROUGH THE WEB SITE OR SUCH PRODUCTS OR SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, OR ANY SUCH PRODUCT, SERVICE, CONTENT OR MATERIAL, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, CRAMSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE, ITS PRODUCTS AND SERVICES AND ANY CONTENT OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEB SITE. NEITHER CRAMSTER, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE AND NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR MATERIALS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR ANY OF ITS RELATED PRODUCTS AND SERVICES, INCLUDING ANY AND ALL THIRD PARTY OR CRAMSTER PROPRIETARY CONTENT OR MATERIALS ACCESSED USING THE SUBSCRIPTION SERVICES AND WHETHER LINKED FROM OR POSTED ON THE WEB SITE, AND ANY AND ALL QUESTIONS, RESPONSES OR COMMENTARY SUBMITTED, REVIEWED OR RECEIVED USING THE ANSWER BOARD SERVICE, CHALLENGE AND PRACTICE PROBLEM PROJECT OR THE STUDY TIPS AND WHETHER SUBMITTED, RESPONDED TO OR COMMENTED ON BY CRAMSTER, ITS USERS OR VISITORS OR ANY OTHER THIRD PARTY.

IN NO EVENT SHALL CRAMSTER BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO THE PERFORMANCE OR NON-PERFORAMNCE OF CRAMSTER OR THE USE OF OR INABILITY TO USE (INCLUDING SUSPENSION OR CLOSURE OF) THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, OR ANY PARTS THEREOF, EVEN IF CRAMSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, OR WITH ITS CONTENT OR MATERIALS THEREIN OR WITH OTHER THIRD PARTY CONTENT OR MATERIALS LINKED THEREFROM, IS TO DISCONTINUE USE OF THE WEB SITE OR THE APPLICABLE PRODUCT, SERVICE, CONTENT OR MATERIALS.

THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITIATIONS OF LIABILITY APPLY TO ANY DAMAGES ARISING OUT OF OR RELATED TO ANY PERFORMANCE, NON-PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OFOR IN, OR UNAUTHORIZED ACCESS, ALTERATION OR USE OF OR TO, THE WEBSITE OR THE CONTENT AND MATERIALS ACCESSED BY OR THROUGH THE WEB SITE OR ANY OF ITS RELATED PRODUCTS OR SERVICES. FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CRAMSTER SHALL NOT BE LIABLE FOR ANY DEFAMATORY, LIBELOUS, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES OR CONTENT OR MATERIALS ACCESSED BY OR THROUGH THE WEB SITE OR ANY OF ITS RELATED PRODUCTS OR SERVICES, AND THAT THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH YOU.

FURTHERMORE, WITHOUT LIMITING THE FOREGOING, CRAMSTER MAKES NO WARRANTY, EXPLRESS OR IMPLIED, OF ANY KIND WHATSOEVER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY PRODUCT OR SERVICE SELECTED BY OR PROVIDED TO YOU IN EXCHANGE FOR KARMA POINTS AS PART OF THE KARMA POINT PROGRAM. IN NO EVENT SHALL CRAMSTER BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO ANY SUCH THIRD PARTY PRODUCT OR SERVICE, OR ANY PARTS THEREOF, INCLUDING THE FAILURE TO PERFORM THEREOF AS WARRANTED OR ADVERTISED BY ANY THIRD PARTY, EVEN IF CRAMSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY THEREFOR SHALL BE PURSUANT TO THE APPLICBALE THIRD PARTY WARRANTY (IF ANY) FOR SUCH PRODUCT OR SERVICE.

APPLICABLE LAW MAY LIMIT THE LIMITATIONS OR EXCLUSIONS OF LIABILITY HEREUNDER AND PROVIDE YOU WITH ALTERNATIVE OR ADDITIONAL RIGHTS.

9. Indemnification

You agree to defend, indemnify and hold harmless Cramster and its directors, officers, employees, representatives and agents, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from any beach by you of these Terms of Use or from your use of the Web Site or any of its related products and services or Content, including the Answer Board, Study Tips and Challenge. Without limiting the foregoing, you agree to cooperate in the investigation or defense of any claim by any third party that has a contractual obligation to indemnify Cramster and/or you.

10. Territorial Limitation

The Web Site and its related products and services are operated in and provided from California. Cramster does not represent that the Web Site, its related products or services or any Content, or any third party product or service available through the Karma Point Program, are appropriate, legal or otherwise, for use in locations other than in the State of California. If you chose to use the Web Site or its products or services or any Content from any other location, or select or receive any third party product or service available through the Karma Point Program, you do so at your own risk and are solely responsible for compliance with local laws. Cramster reserves the right to limit the use of the Web Site, or any of its related products or services or any Content, including availability of any third party product or service through the Karma Point Program, to any location without prior notice to you.

11. Termination and Monitoring

Cramster reserves the right to terminate your license to use the Web Site, your account and any subscription, in whole or in part, including to any product or service, activity, program or content and materials, upon notice to you if you breach any of these Terms of Use, including if you fail to pay fees when due or if a charge to your credit card or other payment method is declined, if you exceed the download or print limitations as described in Section 2 of these Terms of Use, if you conduct or participate in actions considered abuse of the Karma Point Program as described above, or if you breach any Cramster policies on the types of content and materials that may be submitted to Cramster, including for or to the Answer Board, Challenge or Practice Problem Project. Upon termination by Cramster or cancellation by you of your subscription, any files you have stored in your Cramster account will be removed. Cramster also reserves the right to block the credit card(s) of the terminated Member's from being used to access or use the Website, including any of its products and services, or to create a new Membership. Cramster has no obligation but reserves the right to monitor any account or activity of, or content posted or uploaded by, Members and Visitors to determine compliance with these Terms of Use, including the Answer Board TSC, the Karma Points Program and the Practice Problem Project Guidelines, as well as to satisfy any applicable, law, regulation or government request. Cramster also reserves the right to refuse to post or remove any material or content submitted, posted or uploaded to the Web Site in violation of the Terms of Use or that is otherwise objectionable, as well as the right to deny, deduct or remove Karma Points to or from a Member account that result from activities considered an abuse of the Karma Point Program or violations of the applicable Cramster service or activity guidelines for earning Karma Points, as described above.

12. Karma Points Program Rules

Your participation in the Karma Points Program will be governed by the following provisions in this Section 12 as well as other related provisions in this TOU (including Section 1.A) and requirements posted elsewhere on the Website (including the Karma Points webpage). The program is offered to Members at Cramster's discretion and Cramster has the right to change the program rules, including the conditions of participation, Karma Points and levels, and any redemptions, including limiting, withdrawing, modifying or canceling any product or other item redeemable as part of the program (including the amount of Karma Points required therefor), as well as having the sole right to interpret and apply the program rules. Without limiting the foregoing, and except in the event of termination or cancellation of your account or loss of Karma Points as described herein, Karma Points do not expire while you are a Member and there is no limit on the amount of Karma Points you may earn or collect in your account, however, Karma Points lost or denied pursuant to the terms of this TOU will not be restored or reinstated, and Karma Points may not be earned if your account is not in good standing.

Karma Points have no monetary or cash value and may not be redeemed for cash or any equivalent except as part of the Karma Point Program, and Karma Points may be redeemed only as part of the Karma Point Program. Karma Points may not be purchased or sold and may not be transferred to any Member or other third party at any time for any reason. Karma Points may not be combined with any other offer available on Cramster.com.

You may redeem Karma Points for certain products and other items, including credit towards Premium membership subscriptions, as further described above and on the Karma Points webpage. Cramster will send email confirmations of redemptions selected under the Karma Points Program, and you may review the status of your redemptions on your "My Cramster" webpage. Processing and delivery of redemptions takes approximately 2-4 weeks, but Cramster makes no guarantee as to time of processing or delivery. Cramster will pay for shipping of redeemed items if applicable, and will be responsible for and remit wholesale or retail taxes (if any) on products and other items redeemed as applicable.

Without limiting Section 8, Karma Points redeemed may not be refunded, however, products or other items redeemed may be exchanged or substituted for other equivalent items The operation of certain redemptions, such as charitable donations to Global Giving made using Karma Points, are controlled by the policies of the applicable company, and you should review such policies, as further described in Section 3 of this Terms of Use, before making any such redemption.

It is each Member's responsibility to review and verify that his or her Karma Points total is properly credited or debited. You can review your Karma Points total on your "My Carmster" webpage. In the event a Member has a query on his or her Karma Point account, you may submit an email to servicedesk@cramster.com. Members agree to comply with any reasonable request by Cramster for applicable proof of any errors or disputes in Karma Point processing.

In addition to the risk of termination of your Cramster account, you can lose or be denied Karma Points by failing to comply with these Terms of Use and the other terms and conditions applicable to the particular activity or service (including the Answer Board TSC, the Challenge Terms and Conditions and the Practice Problem Project Participation Agreement), as well as by conducting or participating in any action considered abuse of the Karma Points Program. Engaging in any conduct or activity that artificially or deceptively impacts the earning or loss of Karma Points of any Member is prohibited and such abuse may lead to the removal or denial of Karma Points, including of any redemption thereof, as well as the termination of your Cramster account. Conduct or activities that shall be considered abuse of the Karma Point Program and these Terms of Use, whether conducted by one Member or in conjunction with one or more other Members or third parties, include the following:

• attempting to modify or transfer the earning or loss of any points of any Member without the express permission of Cramster

• copying all or significant parts of any responses posted by others and submitting them as a Member's own submissions

• creating multiple accounts to ask and answer a Member's own questions

• making multiple referrals to accounts belonging to or created for a Member


As further described in these Terms of Use, Cramster may monitor and audit a Member's account and activity for such abuse, including audit of a Member's activity upon request for redemption of Karma Points.

The Karma Point Program is void where prohibited by law.

13. Miscellaneous

The Cramster Web Site is provided by Cramster, Inc., located at 65 North Raymond Street, Suite 315, Pasadena, CA 91103.

These Terms of Use shall be governed in accordance with the laws of the state of California, without regard to its principles of conflict of laws. Any dispute, controversy or claim arising out of or relating to the use of this Web Site or these Terms of Use, including any breach thereof, shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in Los Angeles, California. Judgment on the award rendered may be entered in any court having jurisdiction thereof. Without limiting the foregoing, where Cramster or you makes a good faith determination that a breach of these Terms of Use by the other (including infringement of intellectual or proprietary rights) is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such action may proceed without first resorting to arbitration as described herein.

These Terms of Use, including the Cramster Privacy Policy which applies to your use of this Web Site and the terms, conditions, rules and requirements of the Answer Board, Study Tips, Challenge and Practice Problem Project which apply to your use or participation in those products, services or activities, and which are all incorporated herein and made a part of these Terms of Use, constitute the entire agreement between you and Cramster with respect to the subject matter hereof, and supersedes any and all prior agreements and understandings, whether written or oral, between the Cramster and you with respect thereto. These Terms of Use and the terms, conditions, rules and requirements of the Privacy Policy, Answer Board, Study Tips, Challenge and Practice Problem Project shall be read and interpreted, to the extent possible, so that there is no conflict between them. To the extent there is such conflict, the terms, conditions, rules and/or requirements governing the applicable activity shall prevail.

The section and paragraph headings appearing in these Terms of Use are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of these Terms of Use. As used in these Terms of Use, the words "including", "for example" and derivatives such as "e.g.," shall mean "including without limitation". You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Web Site and your access and use thereof, if at all, shall not apply to these Terms of Use. If any term(s) of these Terms of Use are deemed invalid, void or for any reason unenforceable, such term(s) shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of these Terms of Use. No waiver of any of any right under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent right or other provision and no delay or omission in exercising any such right shall be deemed a waiver of such right. These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without Cramster's consent. Any attempted assignment in contravention of these Terms of Use will be null and void. Any provision of these Terms of Use (including all other incorporated terms, conditions, rules, guidelines and requirements) intended by its terms to survive the expiration, termination or cancellation of your membership or other relationship with Cramster and the Web Site, or of the expiration, termination or cancellation the Web Site operations, including its product, services and activities, shall survive any such expiration, termination or cancellation.

Last updated: 08/31/07



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