GENERAL TERMS OF USE
This website is owned and operated by College Deliberately LLC (“College Deliberately”, “we”, or “us”). These General Terms of Use (“Terms of Use”) apply to the College Deliberately website and related sites (the “Site”):
You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and College Deliberately. In addition, when using a particular service and/or accessing certain portions of this Site, you will be subject to any posted terms, conditions, and rules applicable to the service, including additional terms of use, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your use of this Site is also governed by our Privacy Policy.
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.
Amendment To Terms Of Use
College Deliberately reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy or any other terms, conditions and rules relating to the Site at any time in its sole discretion. College Deliberately shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Third Party Service Providers
College Deliberately may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by College Deliberately. All references to College Deliberately are deemed to include its agents and service providers. All agents and service providers of College Deliberately will be authorized to use your personal information only for the purpose for which they are hired.
Site Materials, Services, and Software
Through this Site, College Deliberately may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).
College Deliberately and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access and view the Materials; and (b) use the tools and software on the Site (collectively, “Software”) solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by College Deliberately to you are retained by College Deliberately, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of College Deliberately, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial purpose except if expressly authorized by College Deliberately (such as by way of a paid subscription); (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other “hidden text” utilizing College Deliberately’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to College Deliberately by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of College Deliberately.
Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits College Deliberately. All other trademarks not owned by College Deliberately that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by College Deliberately.
College Deliberately and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
Site Access, Registration, and Passwords
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Site, you may be required to register with College Deliberately and select a password and screen name (“User ID”) to set up a user account (“Account”). Your access to and use of such Account is governed by additional terms and conditions, which are available to view on your account page. To request a copy of these terms and conditions, please contact us as described below.
Eligibility
The Site is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. College Deliberately may, in its sole discretion, refuse to offer this Site or the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site or Services is revoked in such jurisdictions.
User Content
In certain portions of the Site, users may be allowed to submit information, data, text, software, photographs, graphics, messages, products, services and/or other materials (individually and collectively, “Content”). All Content is the sole responsibility of the person by whom the Content was posted. College Deliberately does not control the Content posted on or through this Site and, therefore, College Deliberately does not guarantee the accuracy, integrity or quality of such Content.
You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available through our Site. You acknowledge that we do not have any obligation to pre-screen Content, although we reserve the right, in our sole discretion, to refuse, move, or delete any Content.
You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
We do not want to receive any confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized College Deliberately employee, any material, information or idea you transmit to College Deliberately or the Site by any means may be disseminated or used by College Deliberately without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing services. However, this provision does not apply to personal information that is subject to our Privacy Policy.
Prohibited Behaviors
Your ability to use this Site and contribute to discussions depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use, including the section “User Content,” above. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted or otherwise made available through the Site;
5. upload, post or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
7. upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, “chain letters” or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
8. upload, post or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
9. interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. “stalk” or otherwise harass another, including through trolling (i.e. intentionally posting false information to inflame discussion);
12. upload, post or otherwise transmit or share inappropriate content or material;
13. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, which may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
14. use the Site as a forwarding service to another website;
15. allow usage by others in such a way as to violate these Terms of Use or any other applicable policy;
16. take any steps to interfere with or in any manner compromise any of our security measures;
17. use the Site for fraudulent purposes;
18. harvest or collect any information about or regarding other users or Account holders, including, without limitation, any personal data or information;
19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third party web site or service;
20. copy the Site or any portion thereof (other than as provided under United States copyright laws);
21. remove any proprietary notices from this Site;
22. cause, permit or authorize the modification, creation of derivative works, or translation of this Site without College Deliberately’ express permission;
23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;
24. attempt to decompile, reverse engineer, disassemble, modify or hack this Site or to defeat or overcome any encryption and/or digital rights management technology implemented by College Deliberately with respect to this Site and/or data transmitted, processed or stored by College Deliberately or this Site; or
25. use this Site for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of our Services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
Privacy
We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Website Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.
Third Party Information
Please be aware that when you are on the Site, you could be directed to other sites that are beyond College Deliberately’s control. College Deliberately is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. College Deliberately reserves the right to terminate any link or linking program at any time. College Deliberately provides such links only as a convenience to you. College Deliberately has not endorsed, tested or verified any information, programs, companies, or services on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
College Deliberately may provide you information from third parties as part of this Site. Unless expressly stated, College Deliberately does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that College Deliberately is not responsible for third party information accessible through this Site, and that you use such information at your own risk.
Territory
College Deliberately operates this Site from its office within the United States. College Deliberately makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY COLLEGE DELIBERATELY “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE COLLEGE DELIBERATELY AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC COURSE OF ACTION OR SERVICE. THE INFORMATION ON THIS SITE IS INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION; THE INFORMATION SHOULD NOT BE CONSIDERED COMPLETE, ACCURATE OR A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE.
THE INFORMATION ON THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ALTHOUGH COLLEGE DELIBERATELY MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. COLLEGE DELIBERATELY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. COLLEGE DELIBERATELY MAKES NO ATTEMPT TO VERIFY THE INFORMATION POSTED OR SHARED BY THIRD PARTIES AND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, AND EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COLLEGE DELIBERATELY, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) TOTAL DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (1) THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING A CLAIM, OR (2) $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
COLLEGE DELIBERATELY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF COLLEGE DELIBERATELY’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Indemnity
You agree to indemnify, defend and hold harmless College Deliberately, and its affiliates, officers, agents, co-branders, partners, licensors, and employees, from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Modification and Termination
College Deliberately may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability, and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and College Deliberately’ rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and College Deliberately related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
The failure of College Deliberately to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by College Deliberately in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.
Digital Millennium Copyright Notices
Notices and demands made pursuant to the Digital Millennium Copyright Act Section 512(c), 17 U.S.C. § 512(c) should be submitted to:
Site Policies
Please read through all of the policies posted on our Site. These policies also govern your visit to our Site and are incorporated herein by reference. We reserve the right to change the Site and our policies at any time. If any one of our terms is deemed invalid, void, or unenforceable for any reason, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Miscellaneous
• Our policies are entire and exclusive. No verbal statements or representations are binding on College Deliberately.
• You may not change – such as by amendment or modification – any of our policies at all without our prior written consent.
• All references to “us,” “we,” “our,” and this “Site” relate to College Deliberately, LLC, its affiliates, directors, successors, officers, assigns, employees, contractors and agents.
• We may assign our rights, duties and obligations under these Terms of Use at any time and without any notice to you.
Contact Us
Please contact us if you have any questions or comments about these Terms of Use or the Site in general.
Updated 7/23/2018
