1. Introduction. Welcome to the website for Student of Fortune™ (the "Site"). The following are the rules or "Terms" that govern use of the Site and the services and applications offered by Student of Fortune (collectively, the "Services"). By making use of any of the Services, you agree to be bound by these Terms. Student of Fortune reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please review these Terms periodically, especially before initiating a new transaction for Services. These terms were last updated on July 24th, 2008 d. Please note that when we refer to Student of Fortune and/or its officers, employees, agents and attorneys, we will also refer to them as "Student of Fortune."
2. Users of the Site. There are three categories of persons using the Site: Visitors, who merely view the Site without posting specific content of any kind, Inquisitors (the people asking questions and purchasing answers to questions posted on the Site which we call, "Query Transactions") and Pontificators, those who answer the questions posed by Inquisitors (which is the other side of a Query Transaction). Any user can be either an Inquisitor or a Pontificator or both. Visitors, Inquisitors and Pontificators are all "Users" of the Site, and may make use of a variety of other services on the Site such as search requests, links, contests and sweepstakes, etc. Any transactions between Inquisitors and Pontificators making use of the Site are solely between them.
3. Eligibility. The Services offered to Inquisitors and Pontificators on the Site by Student of Fortune are not available to persons under 18 or persons and/or anyone whose access to the Site or right to have an account on the Site has been terminated, suspended or restricted from use of Student of Fortune. We reserve the right to refuse or limit service to anyone in our sole discretion. At the present time, in order to be eligible for an account with Student of Fortune you must be a resident of the United States or one of the countries in our Service Territory, listed below. If you are not a resident of the United States, you warrant and represent to us that you have the legal right to use the Services and to initiate and complete transactions using the Site, and that by doing so you will not violate or cause Student of Fortune to violate any applicable law or regulation in your country.
As of 4/7/2007, you may create and fund (via PayPal) a Student of Fortune account if you are a legal resident in one of the following countries:
Andorra, Anguilla, Argentina, Aruba, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Bermuda, Botswana, Brazil, British Virgin Islands, Brunei, Canada, Cape Verde, Cayman Islands, Chile, China, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, Falkland Islands, Fiji, Finland, France, French Guiana, French Polynesia, Germany, Gibraltar, Greece, Guadeloupe, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Martinique, Mayotte, Mexico, Montserrat, Namibia, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Norway, Philippines, Pitcairn Islands, Poland, Portugal, Qatar, Reunion, Russia, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Helena, St. Kitts and Nevis, St. Lucia, St. Pierre and Miquelon, Sweden, Switzerland, Taiwan, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Vietnam, and Wallis and Futuna Islands.
As of 4/7/2007, you may withdraw funds from your Student of Fortune account (via PayPal) if you are a legal resident in one of the following countries:
Australia, Austria, Belgium, Canada, China, Czech Republic, Denmark, Finland, France, French Guiana, Germany, Greece, Guadeloupe, Hong Kong, Hungary, Ireland, Italy, Japan, Martinique, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Reunion, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, United Kingdom, United States
Please note that even if you are a resident of one of these countries, you may not be able to withdraw funds from your PayPal account into a local bank. For the latest information about where we are able to send funds via PayPal, and what you may do with these funds once you receive them, please review the following page on PayPal's website: https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside .
4. Permitted Use. You are only authorized to view and to retain a copy of pages of this Site for your own personal use, or in the case of a company, the internal use of the company. Please don't duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by Student of Fortune to do so. The content and software on this Site is the property of Student of Fortune and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
5. No Multiple Accounts. Users may not hold multiple accounts, even if they have multiple IP addresses or multiple email accounts. One account per person.
6. User Contributions to the Site. There are many opportunities for you to submit or upload content to the Site and to communicate with other Users of the Site. This Site, in its sole discretion shall have the right (but not the duty) to monitor or remove contributions to the Site or communications between members, whether by an Inquisitor or Pontificator that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. This Site is not responsible for the content uploaded by its users.
FOR YOUR OWN SAFETY, AND FOR THE SAFETY AND CONSIDERATION OF OTHERS, DO NOT PUT ANY NAMES, ADDRESSES OR OTHER INFORMATION THAT COULD BE USED TO IDENTIFY ANY INDIVIDUAL'S PERSONAL INFORMATION (SUCH AS ADDRESS, EMAIL ADDRESS, PHONE NUMBER, BIRTHDAY, ETC.) THAT YOU UPLOAD. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE THE ACCOUNT OF ANY USER WHO POSTS OR ATTEMPTS TO POST ANY PERSONALLY IDENTIFYING INFORMATION ON THE SITE. WE ALSO RESERVE THE RIGHT TO EDIT OR DELETE ANY INFRINGING USER CONTENT WITHOUT NOTIFICATION OR WARNING OF ANY KIND.
PLEASE NOTE THAT IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE USER CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. STUDENT OF FORTUNE HAS NO OBLIGATION TO STORE OR KEEP COPIES OF SUCH MATERIALS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
7. Use of User Content By Student of Fortune and Other Users. You agree and grant Student of Fortune the right to use the User Content in connection with the marketing, archiving, display or exhibition by Student of Fortune, in perpetuity, in any format, media or delivery channel, and throughout the world. You expressly waive any claim against Student of Fortune, its parent, affiliated or subsidiary companies, its partners or its licensees in connection with their use of the User Content. If you do not want to make this grant and waiver, do not submit the User Content that you do not want us to use. You expressly agree that any user content you post to the Site will be deemed a permanent, worldwide license for any other User on the Site who has access to that content, and for Student of Fortune, to use that content in any media, format or distribution channel for any purpose whatsoever, subject only to these Terms.
8. Pontificator Results. Student of Fortune does not monitor the content of any questions posted by Inquisitors or any answers posted by Pontificators. Student of Fortune is not responsible for the content posted by Pontificators, its accuracy, reliability, impact or effect on anyone who makes use of the Pontificator content in any way. Student of Fortune reserves the right to remove User Content for any reason and at any time, without notification or warnings of any kind.
9. Links and Search Results. The Site may automatically produce search results that reference or links to third party sites throughout the Internet. We have no control over these sites or the content within them. Student of Fortune cannot guarantee, represent or warrant that any of the content contained any third party website is accurate, legal and/or inoffensive. Student of Fortune does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Student of Fortune for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at info@Student of Fortune.com and we will investigate the link and take appropriate action in our sole discretion.
10. Prohibited Content. The following is a partial list of the kind of User Content that is illegal or prohibited on Student of Fortune accessed through the Site. It includes content that:
11. Violation of the Terms. You understand and agree that if we determine that you have violated these terms of use, we may terminate your account and/or remove any unauthorized User Content. This is also the case if we determine that you have violated the rights of Student of Fortune, another user of the Site, the rights of a Inquisitor or any applicable law, in our sole discretion. We may release user information about you and/or User Content if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
12. Copyright Policy. If you believe that your work or the work of any third party has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the 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 the our Site; your address, telephone number, and email address; a written 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; 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. Student of Fortune Copyright Agent for Notice of claims of copyright infringement can be reached as follows: mkatzlaw@yahoo.com.
13. Privacy. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy. If you post any User Content to the Site we will treat it as non-confidential and non-proprietary to you. Except when forming your account, conducting a transaction or otherwise contacting the Site for information, please do not post any private information or information that might let other people know personal information about you or know how to reach you other than through the Site. This Site is not intended for use by persons under the age of fourteen. Individuals who are under fourteen are expressly prohibited from posting any personally identifiable information about them on this Site.
14. U.S. Export controls. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's 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.
15. Fees. The fees for all Services offered to Pontificators on the Site are posted at http://www.studentoffortune.com/cgi/fees and will be assessed in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars. You expressly Student of Fortune may pool money from the Accounts of multiple users in a centralized account or series of accounts, provided such accounts are not used to fund the operation of the Site or Student of Fortune, and such pooled accounts in no way prevent Account Holders from legitimate access to their Account information and operations, in accord with these Terms.
16. How Pontificators Receive Payments from Inquisitors. Pontificators receive payment from Inquisitor's payments via the Site only. Student of Fortune does not condone or in any way participate or become a party to any off-site Transactions between users of the Site.
17. Transaction Fee and Account Review. Inquisitors and Pontificators may check the status of their accounts on the Site at http://www.studentoffortune.com/cgi/myaccount. Users of the Site acknowledge and agree that Student of Fortune collects a transaction fee from each Query Transaction on the Site. Transaction fees are posted at: http://www.studentoffortune.com/cgi/fees. 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 Student of Fortune regarding such Transaction Fee inquiry is final.
18. Account Termination/Fees. If you elect to terminate your Account, all user content posted by you may continue to be posted on the Site in the discretion of Student of Fortune. However, you will not be able to collect fees from any Query Transactions completed after such termination. If Student of Fortune terminates your Account for violation of any of these Terms, all user content posted by you may continue to be posted on the Site in the discretion of Student of Fortune. However, you will not be able to collect fees from any Query Transactions completed after such termination. Student of Fortune reserves the right to confiscate funds from: (i) fraudulent accounts (ii) accounts terminated after they have been dormant for three years and/or (iii) accounts in dispute where no dispute resolution has been sought within six months after termination.
19. No Refunds. You expressly agree and understand that Student of Fortune 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.
20. Disclaimer. The Site does not promise that the Site or any of the Services will be error-free, uninterrupted, nor that it will provide specific results from use thereof. The Services are delivered on an "as-is" and "as-available" basis. We cannot ensure that any Services you download from the Site will be free of viruses or contamination or destructive features. Student of Fortune disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose or non-infringement of the any of the Services provided on or via access from the Site, and will not be liable for any damages of any kind arising from your use of this Site or any Services obtained or referred to you from the Site, including without limitation, indirect, incidental, punitive and consequential damages, even if we have been advised of the possibility of such damages. Without limiting anything set forth above, Student of Fortune is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they upload or otherwise submit to Student of Fortune or the Site.
21. Service Provider. When you make use of any user-to-user communication features of the Site, including also any query services available Student of Fortune acts as an Internet Service Provider, merely hosting User Content. We cannot ensure the conduct of other users on the Site in any transactions with you, even if such transactions involve viewing, editing or other conduct on the Site. If another User violates these Terms, your sole remedy in connection with Student of Fortune is to request that Student of Fortune investigate your claim and remove any Prohibited Content.
22. Disputes. If there is any dispute between a you and Student of Fortune, you hereby expressly agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the County of Los Angeles, State of California. If there is any dispute between a user and another user such dispute is between those parties, and you expressly agree that Student of Fortune is not a party to the transactions giving rise to any such dispute.
23. Limitation on Liability. You expressly agree that Student of Fortune shall not be responsible or held liable for any indirect, consequential, speculative or punitive damages arising from your use of the Site and/or the Services including also any orders for products or services that you make or receive via the Site, even if Student of Fortune has been advised of the possibility of such damages. You expressly agree and understand that Student of Fortune is not legally responsible and will not be liable for any delays, interruptions of service, lost or corrupted data, lost profits, business interruptions or other damages arising any failure of the Site or provision of the Services accessed from the Site, including without limitation any server, software or other technical malfunction. You expressly agree and understand that all financial transactions on the Site made by Inquisitors are transactions between such Inquisitors and you. Student of Fortune is not a party to these transactions and is not responsible for the conduct or performance of any of the parties to these transactions.
24. Termination or Closing A Inquisitor or Pontificator Account. You may close your account at any time by going to http://www.studentoffortune.com/cgi/myaccount_delete on the Site. Upon closure of an account, any pending transactions will be cancelled. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. Student of Fortune will not have the obligation to take, transfer or otherwise port any of the User Content and/or account information or to store or provide access to any such User Content or Account Information.
25. Not A Fiduciary. Users may upload credit card information and make financial transactions using the Site. We are not a party to those transactions between users and do not take, hold or disperse money. Rather, we take a transaction fee from the applicable user, and otherwise the monetary transfers are between Inquisitors and Pontificators. You acknowledge that (i) Student of Fortune is not a bank, credit card or financial services agency. Student of Fortune is not acting as a trustee, fiduciary or escrow with respect to the transactions made in connection with the Site or the Services.
26. Identity Authentication. We use many techniques to identify our users when they register on our site. Such verification is only an indication of increased likelihood that a user's identity is correct. You authorize Student of Fortune, directly or through third parties, to make any inquiries we consider necessary to validate your transactions with Student of Fortune on the Site, such as account creation and license of Services from Student of Fortune. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, at the discretion of Student of Fortune.
27. Transferability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Student of Fortune. Student of Fortune reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
28. Other. Always retain copies of information posted to the Site. You represent and warrant to Student of Fortune that you not violate any applicable laws or regulations or any agreements which you have with any third party by making use of Student of Fortune Services, and that you have the right and authority to enter into this Agreement and perform the obligations herein.
You agree to indemnify (pay for) and hold Student of Fortune, its parent, subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or the Services in violation of any of these Terms, including also your use of the Site to provide a link to another website or to upload content or other information to the Site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
28. Contact. If you have questions about Student of Fortune or about these Terms of Use, please contact us at: support@StudentofFortune.com.