COLLEGE ROVER USER AGREEMENT
This College Rover User Agreement ("Agreement") is between College Rover, LLC ("College Rover") and the person or entity that has checked the "AGREE" box ("you," "your" or "yours"). This Agreement describes the terms under which you may use this website ("Website"). By checking the "AGREE" box you are agreeing to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE THAT YOU ARE EITHER AN EMANCIPATED MINOR OR HAVE THE LEGAL PERMISSION OF YOUR PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOU MAY NOT ENTER INTO THIS AGREEMENT AND MAY NOT PROVIDE ANY PERSONAL INFORMATION TO COLLEGE ROVER.
I. ACCOUNTS, REGISTRATION AND PERSONAL INFORMATION.
A. Accounts. The Website contains certain features, including the capacity to investigate institutions of higher learning ("Colleges") which you may use as a visitor to the Website. In addition, if you register at the Website and pay the corresponding monthly or annual registration fees ("Fees"), you may also create a personal account ("Account"), which will enable you to provide your personal opinion of Colleges to other users of the Website in the form of "likes" ("Likes") and written reviews ("Reviews"), to create comparisons and rankings of Colleges that interest you ("Comparisons"), to save your Comparisons and associated information in your Account, and to export your Account information to a spreadsheet® spreadsheet for your download and use.
B. Registration. You may register with College Rover and create an Account by fully and accurately completing the sign up page, and providing to College Rover such fully accurate personal information as College Rover may reasonably require, including without limitation your name, your street address, your date of birth, and associated credit card information (collectively, "Personal Information"). The Website will allow you to update and correct your Personal Information and to delete your Account as you see fit. You agree to keep all Personal Information updated and correct at all times. You will also have the opportunity to select a user identity name ("User ID") and associated password ("Password"), subject to College Rover's security requirements. Subject to Subsection II(C) ("Students and Parents/Guardians"), your User ID and Password are personal to you, and you may not share them or allow them to be used by anyone other than you. You are solely responsible to ensure that your Account is used only by you and in a manner consistent with this Agreement.
C. Students and Parents/Guardians. You, if you either are a student ("Student") or if you are a parent or legal guardian of a Student ("Parent/Guardian"), may register with College Rover and create an Account. In either case, if you are a Student, you may allow your Parent/Guardian to have access to your Account, and if you are a Parent/Guardian, you may allow your Student to have access to your Account.
D. Payment. You will pay all Fees when due and payable via credit card. It is your responsibility to keep all credit card information up to date and accurate. For the elimination of doubt, College Rover will submit a charge to your credit card for all Fees when due, and any failure to pay such Fees (whether because your credit card was declined, or otherwise) shall be deemed a material breach of this Agreement.
E. Cancellation. Members may cancel at any time for any reason. Monthly members will have access to College Rover's premium features for the remainder of the billing period in which they cancel. Annual members will not be refunded for any portion of their annual subscription if they choose to cancel.
F. Responsibility. You hereby agree to indemnify and defend College Rover from and against any losses or liabilities arising from any disclosure or misuse of your User ID or Password.
II. USE OF THE WEBSITE.
A. Reviews. You may use your Account to create and post Reviews to the Website. You agree that neither you nor any third party has any expectation of privacy or confidentiality as to any Reviews. You shall be solely responsible for your own Reviews and the consequences of submitting or posting them. In connection with Reviews, you represent and warrant that you have all necessary rights to allow inclusion and use of the Reviews on the Website.
B. Rankings. The Website may include third-party rankings of Colleges, including those by publications such as U.S. News & World Report® and the Campus Pride® Index. Rankings by any system or methodology are not perfect and may not reflect what is important to you as a Student, or as Parents/Guardians, in selecting the best College. Because there is no universally accepted ranking system, College Rover strongly suggests that you ask questions that are relevant to your College choice and experience you are seeking.
C. License. By submitting Reviews to College Rover, you hereby grant College Rover a worldwide, non-exclusive, royalty-free, paid up, sublicensable, perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform such Reviews in connection with the Website and College Rover's (and its successors' and affiliates') businesses, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access and reproduce your Reviews through the Website. You understand and agree that College Rover may retain indefinitely copies of Reviews that have been removed by College Rover from the Website.
D. Restrictions. In connection with Reviews, you agree that you will not submit material that is illegal, inaccurate, hateful, racist, offensive, vulgar, obscene, disgusting, indecent or objectionable. In connection with Reviews, you also agree that you will not submit material that is copyrighted by, protected as trade secrets of or otherwise subject to the proprietary rights (including without limitation privacy and publicity rights) of, any third party, unless you have permission from that third party to do so and to grant College Rover all of the license rights granted herein. College Rover agrees that you may use your Account and the Website to express your own views on personal or political issues that are relevant to the College selection process, but only so long as your Reviews and your use of your Account and the Website does not consume excessive College Rover resources, is tasteful and reasonable, and otherwise complies with all other requirements of this Agreement. You agree that College Rover shall be the sole arbiter of whether any Reviews are in breach of any and all of the foregoing obligations.
E. Removal. College Rover does not endorse any Reviews or any opinion, recommendation, or advice expressed therein, and College Rover expressly disclaims any and all liability in connection with Reviews. College Rover does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and College Rover reserves the right to edit or remove any and all Reviews without notice.
Any use of the Website through your Account or otherwise must conform to the following:
A. You will not redistribute any part of the Website or any content appearing on or visible through the Website, including without limitation Reviews.
B. You will not change, remove or add to any part of the Website.
C. You will not gain access to or view Reviews through any technology or means other than the Website itself.
D. You agree that your use of the Website shall be for your own personal, non-commercial use.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or other automated programs to access the Website. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Website.
F. You agree that College Rover may add to, delete from or modify the Website at any time without notice and without permission from you or any third party.
G. You agree that the content on the Website is solely owned by or licensed to College Rover. You receive no implied rights or licenses in this Agreement.
H. You may access Reviews for your information and personal use solely as intended through the provided functionality of the Website.
I. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, and you will not impersonate any third party or interfere with any third party's use of the Website.
J. You understand and agree that when using the Website you may be exposed to Reviews from a variety of sources, and that College Rover is not responsible for the accuracy, content, usefulness, safety, or intellectual property rights of or relating to such Reviews. You further understand and agree that you may be exposed to Reviews that are illegal, inaccurate, hateful, racist, offensive, vulgar, obscene, disgusting, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against College Rover with respect thereto. You agree to defend, indemnify and hold harmless College Rover, its parent, officers, directors, employees and agents, from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys' fees) arising from or related to: (i) your use of and access to the Website; (ii) your breach of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that any of your Reviews caused damage to a third party. This defense and indemnification obligation will survive the expiration or termination of this Agreement.
IV. ACCESS AND DMCA.
A. Access. College Rover may terminate your Account and your access to the Website at any time and for any reason or no reason. College Rover reserves the right to decide whether Reviews are appropriate and comply with this Agreement in its sole discretion. Where College Rover has terminated your Account other than for your material breach of this Agreement, College Rover shall refund to you any prepaid and unused Fees.
(1) Notices.If you are a copyright owner or an agent thereof and believe that any Reviews infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing College Rover's Copyright Agent (identified below) with the following information in writing:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit College Rover to locate such material;
(d) Information reasonably sufficient to permit College Rover to contact you or your agent, such as an address, telephone number or email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Copyright Agent. College Rover's designated Copyright Agent to receive notifications of claimed infringement is: Stephen R. Baird, 90 South 7th Street, Suite 3500 Minneapolis, MN 54402. Telephone: (612) 259-9718 Email: firstname.lastname@example.org. Only claimed infringement notifications may be sent to the Copyright Agent.
(3) Counter-Notices. If you believe that your Review that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Review, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the Review that has been removed or to which access has been disabled and the location at which the Review appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the Review was removed or disabled as a result of mistake or a misidentification of the Review; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Memphis, Tennessee, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(4) Repeat Infringers. Without limiting the provisions of SECTION VI ("TERM"), College Rover may also suspend or terminate your access to your Account and your ability to post Reviews if: (a) you materially or repeatedly post infringing Reviews or otherwise breach this Agreement; (b) College Rover is required to do so to comply with a legal requirement or a court order; or (c) College Rover believes there has been conduct that creates (or could create) liability or harm to any user, other third party, College Rover or its affiliates.
V. YOUR CONDUCT.
You understand and agree that perfect security does not exist anywhere, and you will therefore protect your Personal Information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information.
The term of this Agreement will continue until terminated by you or College Rover. You or College Rover may suspend access to your Account or terminate this Agreement at any time with or without notice and with or without cause.
VII. PRIVACY STATEMENT.
College Rover's Privacy Statement is hereby incorporated by reference into this Agreement. You agree to read the Privacy Statement carefully and stay familiar with its terms.
VIII. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COLLEGE ROVER BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF COLLEGE ROVER UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
IX. JURISDICTION AND CLASS ACTION WAIVER.
A. Jurisdiction and Venue. This Agreement shall be subject to the laws of the State of Tennessee as apply to contracts entered into and performed in Tennessee between Tennessee residents and without regard to conflicts of laws principles. The State and Federal courts located in Memphis, Tennessee, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
B. Class Action Waiver.YOU AND COLLEGE ROVER EACH HEREBY AGREES THAT IT SHALL BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
COLLEGE ROVER PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. COLLEGE ROVER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. Some jurisdictions do not allow certain limitations of warranties so the foregoing may not apply to you.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of College Rover. Any purported assignment without such permission shall be void. This Agreement may be assigned by College Rover in whole or in part without notice. Any waiver of any rights of College Rover under this Agreement must be in writing, signed by College Rover, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You agree that: (i) the Website shall be deemed solely located in Tennessee; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over College Rover, either specific or general, in jurisdictions other than Tennessee. YOU AND COLLEGE ROVER AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright © 2022
College Rover, LLC
All Rights Reserved
If you have any questions or comments about College Rover or this Agreement, you may contact College Rover at:
College Rover, LLC
Customer Relations Team
272 Court Ave
Memphis, TN 38103