Welcome to College Committed. These General Terms of Service shall apply to each any every user visiting or using this Website. Other documents, which may have an effect on your guidance to use this Website could be auxiliary documents issued and expressly agreed upon by checking an “I agree” button. These General Terms of Service apply to each person or entity visiting our service (thereinafter referred to as: User).
College Committed (thereinafter referred to as: Service) is a platform owned and operated by College Committed Co., having its primary place of business in the U.S. The owner of this Service is, by all objective standards, a legitimate and legally bound Limited Liability Company, constituted and established under U.S. governing Law and registered in U.S. Company Registry.
You may visit this Service if you are 13 years of age or older. If you are under 13 years of age and are visiting this Website, please stop using this Service. By visiting and using this Service, you hereby represent and warrant that you are of relevant legal age to form a binding contract and meet all foregoing eligibility requirements. If you are between the ages of 13-18, you are required to have a legal guardian supervising and/or allowing you to further use this Service. If you, by any reason whatsoever, do not meet these requirements, you may not access this Service, or access may be denied by the Service within its discretion rights.
College Committed is an open platform, and we do not want any question or issue to be unanswered or unresolved. That is why you may contact us directly in case of any issue whatsoever, via e-mail or contact information stated on this Website.
I. General Provisions
The provisions within this sections are to provide you with a general overview of the Service’s platform.
A. Eligibility to Use the Service
B. Express Licensing Grant
College Committed hereby grants you a non-exclusive and non-transferrable license to use of this Service’s content and functionality. Please note that this license is freely revocable. This license limited to personal use, and is further limited according to any Terms or Contract College Committed stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
C. User Profiles and Account Types
You hereby represent and warrant that information you share is truthful, accurate, non-misleading, and not libelous or defamatory towards another individual or group. Usage of your User Account is your Sole responsibility. We strongly encourage utilizing complex passwords (created using Uppercase and Lowercase letters, special keyboard symbols and numbers). We further advise you not to share your Account information (namely Login Credentials and Password) with anyone, and in event of such breach, to notify College Committed without any unnecessary delays. College Committed takes no responsibility in case of damage or loss due to security breaches caused by negligence or intent of another party.
D. Behavior of Users on the Service
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the College Committed servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that College Committed grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- Transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Collecting or harvesting any personally identifiable information, including account names, from the Service;
- Using the Service for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of the Service;
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Service. You agree to absolve College Committed of any liability that may arise from your violation of these rules and regulations.
E. Discretional Rights
College Committed reserves the right to terminate a User’s access the Platform, if they turn out to be repeated infringers. College Committed may, in its sole discretion, initiate inquiries of abuse of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms explained bellow, in the “Users” section.
The reserved rights in case of violation of these terms include:
- Deletion of User submission or Upload
- Temporary or permanent bans on some functionalities of this Service
- Temporary or permanent bans from accessing College Committed Website
- Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this service under U.S. law.
As a private entity bound by the applicable law of the U.S., College Committed is to share any personal information you may have provided to the Service upon formal requests of appropriate state authorities. With high respect of Users’ privacy, College Committed will disclose the minimum amount of information as required by applicable law.
Interactions are your own sole responsibility whilst using this Service. If you are experiencing spams, nuisance or otherwise unpleasant behavior from other Users of the Service, please report such occurrences to our Administrative or Support Staff.
2. User Submissions
You (As a College Committed account holder and User) are allowed to submit video Content, whilst fully understanding that the submitted Content is shared and published, and College Committed cannot and DOES NOT guarantee any confidentiality regarding Your Submission; You are further solely responsible for Your own Submissions and the consequences of publishing them. You further WARRANT that Content in Your User Submissions is Your own, and You have all the required licenses, rights, consents, permissions and authorizations to use and You hereby authorize College Committed to use all intellectual property and other proprietary rights in and to any and all Submissions to enable inclusion and use of the User Submissions in a way prescribed by the Terms of Service. For clarity, your ownership rights of the User Submissions are reserved and retained. However, by submitting a User Submission to College Committed, You hereby grant College Committed a universal, worldwide, nonexclusive, royalty-free sub-licensable and transferrable license to use, reproduce, perform, display, distribute, modify and prepare derivative works of the User Submissions in connection with College Committed ’s Websites, Software and it’s businesses, including it’s possible successors and/or affiliates, including without limitation for promoting and/or redistributing part or full College Committed Website (and derivative works thereof) in any media formats, through any media channels. You hereby grant each User of the College Committed Website a non-exclusive license to access Your User Submissions utilizing this Website, and to use, reproduce, distribute, display and perform such User Submissions under the Terms of Service. You understand and agree, however, that College Committed may only retain, but not display, distribute, or perform, server copies of User Submissions that have been REMOVED or DELETED. The above licenses granted by you in User Comments are perpetual and irrevocable. You further agree that You WILL NOT submit material which is subject to intellectual property and/or other proprietary rights of a third party. College Committed Does not endorse any Submission or opinion, recommendation or advice expressed therein. College Committed EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY arising from User Submissions. College Committed does NOT PERMIT intellectual property infringement activities on its Website or Software, and will consequentially remove any and all Content and/or User Submissions if properly notified of such breach. College Committed RESERVES the right to remove Content and User Submissions with or without prior notice. Please take note and follow these guidelines when submitting a picture. Primary pictures (thereinafter referred to as: Profile pictures) may not be published immediately, due to revisions made on behalf of College Committed. Pictures must not be of poor quality, must not infringe copyright or other intellectual property rights, must not contain the face of a celebrity, and must not contain violence or offensive language. Pictures must not contain any nudity, profanity, nothing pornographic, obscene or indecent. Profile pictures must be of the User (Submitter), without containing any additional text or contact information. They further must clearly display the Submitter’s face. College Committed may occasionally use Your Profile picture in certain parts of its Website or Software (ex. home page, User Submission or Q&A display picture etc.). If you do not wish for College Committed to use Your Profile picture in its Website or Software, please manually disable these Settings.
3. Reverse License Grant
Upon sharing your User submission, you retain all proprietary rights. You hereby grant College Committed a Universal, Worldwide, non-Exclusive, Royalty-free, Transferrable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to College Committed in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of College Committed, the name or nickname of the user will be included as a form of accreditation.
Authorized third-party platforms may have dedicated buttons on the Website in order to share some of the works uploaded on the platform directly to the third-party website or platform. If the content contained on College Committed is shared on a third-party authorized platform, it is to have proper accreditation of the creator, as well as the direct link that leads to an appropriate College Committed Webpage on which the content is displayed in. This is generated automatically via the third-party platforms, in order to respect the authorship of the content created by the Sellers.
4. Data Eligibility.
A. License Grant to User Data.
You agree that the Service may utilize or process your User data in order to customize your User Experience. By submitting your User Data, or providing the Service with access to such data, you hereby grant, warrant and represent that you have all proper authorizations to do so. You further acknowledge that we may collect, analyze or use the User Data submitted by you in anonymized, aggregated or derived form for analytical purposes. Anonymized or derived user data does not tie to a specific User and we believe that this operation cannot disclose your identity to other parties.
B. Your Responsibilities.
In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that:
- You are the sole legal owner or holder of rights to this Data, and you are not breaching statutory provisions or any Third-party rights by sharing your User Submission.
- You are not to provide any Data or Content which is a part of personal payment information (without limitation to: Credit Card Credentials), personal information collected from children under the age of 13, Social Security Numbers, Health or Medical Information or other Sensitive Data.
- It is your sole responsibility to withhold the obligations arising from this Section.
- We may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party; and
- Your User Data complies with the terms of this Agreement.
5. Mobile Software
A. DOWNLOADING THE COLLEGE COMMITTED. PURCHASES AND IN APP PURCHASES
College Committed also owns mobile service offered to a wide variety of products utilizing either Apple’s is or Android operating systems. Any disclaimer as to the compatibility of your device is to be displayed directly on the page dedicated to this App on the App store or Google Play store. Please note that, without a compatible device, a purchase or download of this App may not be possible. Prices for purchasing the App may vary according to different jurisdiction taxation and auxiliary expenses. Also note that College Committed reserves the right to, without limitation: discontinue the App, change the content of the App, change the content of In-App purchases, change the pricing of the App or possible In-App purchases or extras or any type of modification regarding the sales of the App, compliant with the discretion granted by the App store or Google Play Store. On specific occasions, College Committed will offer additional products and services for purchase through the App store, Google Play or other platforms authorized by the Service. Upon choosing to make an In-App purchase or Extras. Upon deciding to purchase such an addition, you will be prompted to the app store of Google Play Store platforms. Depending on the relevant jurisdictions, in-app purchases may vary in pricing, according to the specifics of the jurisdiction you reside in. You may be continuously billed for a subscription you choose, until you cancel the subscription at hand. Please note that upon canceling an In-App purchase or Subscription, no reimbursements will be given by the company whatsoever, as you have used the Service and/or subscription for the time-being allowed in the contract you digitally signed upon ordering the service. You may be allowed to purchase more varieties of in-app purchases in the future. These are to be regarded as extras to the Service provided to you. Regardless of the terminology used in this contract whatsoever, the virtual items are to be following these Terms of Service and to be interpreted as non-other than licensable items at the disposal of end users.
B. COMPATABILITY WITH THIRD-PARTY HARDWARE
Third-party hardware is utilized to use the College Committed Apps. College Committed is not to be held responsible for any malfunctions of third-party hardware to which College Committed has no connections to its/them without limitation: design, functionality or features, limits of usage, safety recommendations etc. All specifics of any third-party compatible hardware, along with the methods of utilization or limits of the App’s functionality is referenced on our Website. College Committed reserves the right to discontinue support or functionality towards any third-party hardware at any time. College Committed is not to be held liable for any damages caused by third-party hardware. If you have used a malfunctioning third-party hardware, please contact the third-party hardware company on possible warranty, replacement or repair offered according to their contractual terms. College Committed is not to be held responsible for the use of third-party hardware which can cause damage to the third-party hardware, as the Service only provides functionality protocols via it’s App. College Committed does NOT, in any way, extend the functionality of the specific third-party hardware, and is to be regarded only as a way of utilizing and/or controlling the third-party hardware.
C. TERMS AND TERMINATION
6. Copyright and other Intellectual Proprietary Rights
Copyright (c)  College Committed. All rights reserved.
This Website’s content is primarily original, unless stated and/or attributed otherwise. The site’s content is gathered, modified and published with respect to the Authors (Licensors) in accordance with all applicable U.S. and international intellectual property law standards. College Committed, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete content on the Service. All the copyright and/or other intellectual property rights regarding this Service’s full content (including, but not limited to sections of this Service which are or are not available to the general public, registered users, persons with authorized access to specific sections of the Service etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, content and/or functionality of this Service can only be transferred via a binding agreement between College Committed, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Service’s visitors.
Users are allowed to: - View specific pages of this Service which are allowed for his/her use; - Download pages from this Service for the means “caching” in a web browser, print pages from this Service, stream audio or video files from this Service; - Use the services that this Service offers, using a personal computer or mobile device web browser; - Use this Service’s content, functionality and/or services for personal (business) purposes, in accordance with the Service’s Terms and Conditions.
One is to restrict of, under threat of civil and penal retribution: - Download content from this Service and/or save content to one’s private computer and/or mobile device; - Edit or modify content directly on this Service. With the exception of Licensors/Authors, which have expressly reserved their rights to do otherwise, one is further not allowed to: - Republish content from this Service; Exploit or redistribute this Service’s content for commercial purposes; - Sell, rent or sublet this Service’s content for profit or any other purposes, nor show this Service’s content in public.
Without the proper consent (licensing and/or sublicensing), one is to withhold of: - Selling, renting or subletting content on this Service; - Republishing material from this Service; - Copying, reproducing, duplicating, modifying or recreating content from this Service (unless the content is expressly made available for these purposes); Redistributing this Service’s content (unless the content is expressly made available for this specific purpose). If the content of the site is already subject to an exclusive License, it cannot be passed on to a specific petitioner requesting a License or Sublicense. The Service’s administrators do NOT warrant that Consent (thereinafter: License) will be issued to every person, group and/or other third party, which has filed a formal request for Licensing. Filing a request for licensing this site’s content is possible via e-mail or by post. Individual requests and given Licenses will be issued in written or electronic form. Note that any unilateral transfer of copyright and/or other intellectual property rights is null and void. If the content of this Service, acquired by College Committed via a specific License which requires the Author’s consent or attribution, the possible Sublicense would be issued in writing or in electronic form, upon reaching the specific Sublicensing requirements. These requirements will be stipulated between all the parties involved, and all parties involved will express their consent towards further licensing of licensed content. Note that any unilateral transfer of copyright and/or intellectual property rights is null and void. Any breach of content and intellectual property law provisions, sanctioned by applicable law does not exclude the possibility of College Committed treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded.
7. Transfer of Property. Continuity of Title of Property.
The Service Contains elements (without limitation to: data, information and other content) which is not owned by you, without limitation to subscriptions, add-ons, extras, or other virtual achievements which may appear across the service. As such, you understand that these licensable items are not in your exclusive property, and the Service is not to be held liable for discontinuance of any aspect of the service or transfer of the licensed elements in its sole discretion. Please note that once granted, licensable elements (regardless of the terminology used) are not redeemable for any sum of money or monetary value by the Service at any time whatsoever. You hereby understand the aforementioned and expressly consent to withhold from any requests or redeems whatsoever.
8. Paid Services
A. Billing Policies
Certain aspects or functionalities of the Service may request a fee prior to authorizing User to use these functionalities. College Committed reserves the right to amend fees, add fees or charges, change charges for existing services and introduce new functionalities to the service. Any change of our pricing list is to be available on our Website, and the full price of each service which is to be purchased is to be displayed in the price breakdown displayed upon checkout.
B. Cancellation and Refund Policy
It is the Users’ sole responsibility to terminate the Account or any paid Subscription, add-on or other licensable element. Please note that NO Refunds are to be issued for cancellation or termination of account with an active subscription plan, add-on or licensable element.
C. Payment Information and Taxes
All information in connection to a purchase must be current, accurate, complete, non-fraudulent and non-misleading. The Charges are to be paid via the preferred payment protocol which is to be chosen prior to checkout. You must provide truthful, current, accurate, complete and non-misleading information about your Billing Account and to update information in order to keep this information current. Any change is to be notified to the Service.
Please note that the pricing of certain aspects or functionalities of the Service may vary due to variations of the State, Local or Federal taxes of the relevant jurisdiction in which the Transaction is made. Transactions are to be billed in United States Dollars. If you are paying in a different currency than United States Dollars, the current exchange rate between USD and the currency with which you are making a purchase may have an impact on the pricing of the product
D. California Residents.
The provider of services is College Committed Co., College Committed, 299 N. Atlantic Ave. Cocoa Beach, FL. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
9. No Professional Advice
This Service is to provide you with content for information purposes only. Nothing on the service is construed to be professional advice.
10. Electronic Messaging
A. Consent to Send Email.
The Service may help coaches communicate with other Users by means of email messages. If you send an email message through the Service, YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU MESSAGE HAS CONSENTED TO RECEIVE EMAILS FROM YOU. The Service reserves the rights, but not the obligation of inquiries of breaches of this Subsection. If such a breach occurs, Users that have been contacted without permission should report such an occurrence to our Administrative or Support Staff. Full discretional rights (SECTION NUMBER) are reserved towards the User in breach of this Subsection
B. Consent to Receive Messages.
You agree to all forms of communication from registered Users on the Service, provided that no type of information is to be of Nuisance of Spamming. If you have just cause for wanting to limit the communication towards you, contact us for opt-outs, or call the national do-not-call agency. By signing up for College Committed and providing your mobile number, you agree to receive text and email messages from members of the service. Additional charges from your wireless provider may be billed, according to the Terms agreed between you and your wireless provider.
11. Privacy Statement
12. Security and Fair information practices.
We use industry-standard end-to-end encryption technology to keep information safe and secure from breaches of any type. However, no method has proven to be 100% efficient against these breaches. The Service a private entity respecting ethics and etiquette agrees to notify you if such breach ever occurs. No further obligation or liability from the Service is to be taken, as you are notified of the potential risks of security breaches.
13. DMCA Notice
All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between College Committed, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors. College Committed DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. College Committed DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. governing law does not exclude the possibility of College Committed treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; -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 the service provider to locate the material;- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;- 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; -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. Notifications of claimed infringement should be sent via e-mail, post or fax. You acknowledge that if you fail to comply the aforementioned requirements, your DMCA notice may not be valid. If you believe that your User Submission that was removed (or to which access was 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 User Submission, you may send a counter-notice containing the following information to the Copyright Agent: - Your physical or electronic signature; - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; -Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If your counter-notice is received by the Copyright Agent, College Committed may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at College Committed ' sole discretion.
Please note that this procedure is exclusively for notifying College Committed and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with College Committed’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
14. Third-Party Links and Information
A. LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
B. LINKS FROM THIS WEBSITE
15. Indemnification Statement
YOU HEREBY AGREE TO INDEMNIFY AND HOLD COLLEGE COMMITTED AND ITS REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO: ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE COLLEGE COMMITTED SERVICE, SOFTWARE OR SERVICES AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR RESTRICTION CONTAINED IN THIS AGREEMENT.
16. General Disclaimer
COLLEGE COMMITTED WEBSITE, CONTENT, SOFTWARE AND SERVICES ARE ALL PROVIDED “AS IS”. COLLEGE COMMITTED DOES NOT UNILATERALLY PROVIDE ANY EXPRESS OR IMPLIED TERMS, REPRESENTATIONS, WARRANTIES OR CONDITIONS. COLLEGE COMMITTED, IT’S EMPLOYEES, OFFICES, AGENTS OR OTHER REPRESENTATIVES ARE FURTHER NOT LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY: DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; BUSINESS OR PRIVATE LOSSES, INCLUDING: INCOME, SAVINGS, OR PROFIT LOSS, LOSS OF CONTRACT, LOSS OF GOODWILL, PARTNERSHIP(S) OR REPRESENTATION(S) LOSS, WARRANTY LOSS, DATA CORRUPTION, PERSONAL LOSS.THE AFOREMENTIONED LIMITATIONS APPLY EVEN IN THE CASE THAT COLLEGE COMMITTED HAD BEEN ADVISED OF THE POTENTIAL LOSS. COLLEGE COMMITTED DOES NOT TAKE ANY RESPONSIBILITY FOR THE UNREASONABLE BEHAVIOR OF VISITORS AND/OR THIRD PARTIES. FURTHERMORE, COLLEGE COMMITTED DOES NOT TAKE ANY RESPONSIBILITY FOR PUBLISHING ANY CONTENT, WHICH IS NOT IN ANY WAY MEANT TO CONSTITUTE AND/OR PROVIDE ANY TYPE OF PROFESSIONAL ADVICE. COLLEGE COMMITTED IS FURTHER NOT RESPONSIBLE IN ANY WAY, TO NO EXTENT IN THE UNLIKELY CASE OF SEVERE HOST AND/OR SERVER FAILURE OR BREACH, OR ANY OTHER VIS MAJOR, WHICH IS NOT IN SCOPE OF COLLEGE COMMITTED ABILITY TO CONTROL. THIS DISCLAIMER CANNOT AND WILL NOT EXCLUDE ANY WARRANTY OR LIABILITY IMPLIED BY U.S. GOVERNING LAW, WILL NOT EXCLUDE AND/OR LIMIT ANY WARRANTY OR LIABILITY WHICH IS ILLEGAL OR UNLAWFUL TO LIMIT OR EXCLUDE IN COMPLIANCE WITH U.S. APPLICABLE LAW. YOU HEREBY UNDERSTAND THIS LIABILITY LIMITATION STATEMENT, AND ARE FULLY COMPLIANT WITH IT.
17. Limitation of Liability
The Parties have agreed that the maximal amount of filing lawsuits or Class Actions is to be limited to 100.000 (one hundred thousand) United States Dollars.
18. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
The Parties have agreed that they will try and settle all disputes or controversies in front of Arbitrary or Mediation authorities prior to moving forward with litigation or Class Actions.
You hereby exempt the Service from any Class action or Jury Trial, if not explicitly stated otherwise by Applicable Law.
A. Notification Procedures and Continuity of Agreement
The Service may provide notifications as required by Applicable law, for marketing or other business purposes via e-mail, written or hard-copy notice, either through a post courier or a publicly available notice on our Website, in sole discretion of College Committed. College Committed further reserves the right to determine which of these notices are to be most convenient for the Users, without prejudice to User which have opted-out and consented to a specific method of notification
This agreement is written and is to be interpreted in accordance with applicable law. Any proceedings, whether court or alternative-dispute resolution methods as recognized by law are to be in the sole jurisdiction of the U.S. authorities. If any part of this Agreement is, or is deemed by an appropriate authority to be unenforceable by the applicable law, this will not affect the enforceability of any other provision of these Terms of Service. These Terms are created in full compliance with the U.S. applicable law and International Standards. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and College Committed. All Parties have agreed that, in the case of any issue, dispute or controversy, the Parties will try their best to settle the issue by means of alternative dispute-resolution, primarily through Arbitration and Mediation as recognized by applicable Law. If such proceedings fail, court proceedings before the relevant courts may ensue.
These Terms of Service may be changed from time to time. Please note that we will inform you in a timely manner 30 days prior to issuing a new set of Terms of Service in order for you to get acquainted with them. Your continuous use of this Service indicates your conclusive agreement to the terms set therein.
The Service cannot be reasonably held liable for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page.
If any aspect of this Contract is, or is to be found by an appropriate authority, unenforceable under Applicable law, such aspect of the Contract is to be modified at the court’s discretion or order and withheld to the maximum extent of its validity. If Section or Subsection of this Contract is rendered invalid by application, interpretation or operation of law, such Section or Subsection is not to produce legal effect, but will not affect the enforceability of the remainder of this Agreement
D. Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
E. Void Where Prohibited
Although College Committed is accessible worldwide, not all products or services discussed or referenced on College Committed are available to all persons or in all geographic locations or jurisdictions. College Committed reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on College Committed is void where prohibited. In addition, College Committed makes no representation that materials on College Committed are appropriate or available for use in locations outside U.S. jurisdiction; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access College Committed from locations outside U.S. Jurisdiction do so on their own initiative and are responsible for compliance with local laws.
F. Consumer Rights
Nothing in this agreement is constructed to limit Consumer Rights of Users as granted by statutory provisions by Applicable law.
We are available through our Contact and Support team to resolve any issue or answer any question for Users or interested parties. If you have any such issue or question, please do not hesitate to contact us via e-mail, telephone number or post. Contact information is to be provided on the Service’s Website.