Terms and Conditions
Last Updated: 02/23/23
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENTWHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU
BY ACCESSING THIS SITE OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE.
a. Account Creation. Certain portions of the Services may only be available to you once you create an account on the Site (an “Account”). College House may assign you or you may create a unique user ID and password to access your Account. College House may reject, and you may not use, a user ID (or e-mail address) for any reason in College House’s sole discretion. For example, College House may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another individual or legal entity; that belongs to another individual or legal entity; that violates the intellectual property or other rights of any person; or that is offensive.
b. Account Credentials & System Security. You are responsible for any actions taken through your Account, and for maintaining the confidentiality of the credentials that enable access to or use of your Account. You are also responsible for maintaining the security of the systems and networks that you use to access or use your Account or the Services. If you have any reason to believe that your credentials have been compromised, or that the security of your system or network has been compromised, you must notify College House as soon as possible. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
2. Use of the Services.
a. License. On the condition that you comply with all of your obligations under these Terms, College House grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Site and use the Services. Any other use of the Services is strictly prohibited and a violation of these Terms. College House reserves all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in the Services and all related items.
b. Revision of these Terms. College House may revise these Terms from time to time. College House will use reasonable efforts to notify you of such changes. Such efforts might include posting notice on the Site or an email to the address we have on file. However, please check the “Last Updated” legend at the top of this page to see when these Termes were last revised. Such revised Terms will be effective upon the “Effective Date” stated above—typically the date of posting. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of the Services after the effective date of changes to these Terms indicates your acceptance of such revisions.
c. Cessation of Service. College House reserves the right to modify, terminate and suspend the operation of the Site, as well as the provision of any or all Services via the Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
3. Prohibited Uses.
You agree that:
a. you will not violate these Terms or use the Services to violate the rights of any third party such as copyright or trademark rights;
b. you will use your true legal name and true electronic mail address, and only provide accurate and complete information through the Services;
c. you will copy information from the Services only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information;
d. you will not otherwise reproduce, modify, distribute, display or provide access to the Services or its content;
e. you will not create derivative works from, decompile, disassemble or reverse engineer any portion of the Services;
f. you will not upload to or distribute through the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
g. you will not record, process or mine information about other users, or access, retrieve or index any portion of the Services;
h. you will not remove or modify any copyright or other intellectual property notices that appear on the Services;
i. you will not access or use the Services in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, the Services, its computer systems or networks;
j. you will not attempt to gain unauthorized access to any parts of the Services or any of the Services’ computer systems or networks;
k. you will not use the Services in any way that is unlawful, harms College House’s business, College House’s service providers, licensors, representatives or any other user, or breaches any policy or notice on the Services;
l. you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s email to sign up for the services;
m. you will not charge any person for access to any portion of the Services or any information on the Services;
n. you will not access the Services through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services) without College House’s prior express written permission;
o. you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of the Services; and
p. you will not assist, encourage, or enable others to do any of the preceding prohibited activities.
4. Representations and Warranties.
You represent and warrant that:
a. you are 18 years or older and you have all requisite rights and authority to use the Services and to enter into these Terms;
b. if you use the Services in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms; and
c. the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;
d. you will use the Services for lawful purposes only and subject to these Terms;
e. you agree that College House will not be liable for any losses incurred as a result of a third party’s use of the Services;
f. you will not use the Services in any manner that could damage, disable, overburden or impair the Services, or interfere with use of the Services by others;
g. any information submitted to the Services or to College House by you is true, accurate, and correct;
h. you understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites, or otherwise;
i. you will not attempt to gain unauthorized access to the Services or computer systems or networks under the control or responsibility of College House through hacking, cracking, password mining, or any other unauthorized means;
j. you are not a competitor of College House or its licensors and are not using the Services or services provided by the Services for reasons that are in competition with College House or its licensors;
k. you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s email address to sign up for the services.
5. Intellectual Property.
a. Content of the Services. College House or its licensors own all of the content that is made available in connection with the Services (the “Site Content”), including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of the Services. College House or its licensors also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the Services and the Services Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws.
b. Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Services Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither College House nor any of its licensors grant you any express or implied rights, and all rights in and to the Services and the Services Content are retained by their holders.
You agree to indemnify, defend and hold College House, as well as College House’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the “Indemnified Parties”) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:(i) your access to or use of the Services; (ii) your violation of these Terms, including without limitation your breach of any representation or warranty; or (iii) your infringement of any intellectual property or other right of any person or entity. College House reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with College House’s defense of such claims. College House will use reasonable efforts to notify you of any such claim, action or proceeding when College House becomes aware of it.
8. Third Party Services.
The Services include links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor the Services endorse or take responsibility for any Third-Party Content. You agree that the Indemnified Parties are not responsible for the availability or contents of Third-Party Content. You understand that the Indemnified Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through the Services. Your use of Third-Party Content is at your own risk.
9. Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. COLLEGE HOUSE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, COLLEGE HOUSE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
THE SERVICES AND ANY CONTENT OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COLLEGE HOUSE NOR ITS LICENSORS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COLLEGE HOUSE NOR ITS LICENSORS REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COLLEGE HOUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.Limitations of Liability.
COLLEGE HOUSE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST BUSINESS OR PROFITS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), EQUITY, BREACH OF CONTRACT OR OTHERWISE (AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR COLLEGE HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COLLEGE HOUSE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). IF APPLICABLE LAW LIMITS THE APPLICATION OF THE FOREGOING LIMITATION OF LIABILITY, COLLEGE HOUSE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.Disputes, Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
b. No Class Actions. YOU AND College House AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and College House agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
c. Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to College House, by certified mail, a written notice of your claim (“Notice”). The Notice to College House must be addressed to: 1797 Gardenside Court NE, Atlanta, GA 30319. If College House initiates arbitration, it will send a written Notice to an email address you have previously provided to College House, if available. College House may also use any other means to contact you. A Notice, whether sent by you or by College House, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and College House do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or College House may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.
d. Hearing. If your claim is for US$10,000 or less, College House agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
e. Injunctive Relief. Notwithstanding the foregoing, you and College House both agree that you or College House may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
f. Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
g. Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
a. By you. You may terminate this Agreement at any time by providing written notice of termination to College House at email@example.com.
b. By College House. If College House has reason to suspect that you have breached these Terms, or that any of your information is not authorized, correct, current and complete, College House may, in addition to taking or reserving any other remedies against you, terminate your access to the Site without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension or termination of your access to the Site shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
a. No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable or sublicensable by you except with College House’s prior written consent, but may be assigned or transferred by College House without restriction. Any attempted assignment by you shall violate these Terms and be void.
b. Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
c. Amendments; Waivers. College House may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, or waived, in whole or in part, by you except by a written instrument signed by College House. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
d. Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Services, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.
e. Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
f. California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
g. New Jersey Residents. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
If you have questions about these Terms, or if you have technical questions about the operation of the Sites, please contact us through this online form or by writing us at firstname.lastname@example.org. If you have any questions or comments about College House or our services or have other customer service needs, please click here for information on contacting our consumer service representatives.