Updated January 15, 2016
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 16 BELOW. PLEASE READ SECTION 16 CAREFULLY.
- Services. By using the Website, you can access resources and guidance intended to help you or your family members apply for financial aid, or to help you increase financial aid uptake among the students that you advise. College Gold Rush directs you to helpful information related to the application process and, if you choose to register with us (as described below) will provide you with reminder notifications of key due dates (all of the foregoing are collectively, the “Services”). The Services are works in progress. We reserve the right to change or even eliminate all or any portion of the Services with no notice, at our sole discretion. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website and Services, or any portion of the Website; (2) to modify or change the Website or Services, or any portion of the Website or Services, and any applicable policies or terms; and (3) to interrupt the operation of the Website and/or provision of Services, or any portion of the Website or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Registration. Although you may access the Website without creating a user profile or logging into an account, certain features of the Services require you to register with us, providing certain information, including but not limited to a member name and password, your name, age, a valid email address, telephone number, and the school you currently attend (“collectively, your “Account Information”). As a registered user, you can update your account settings, including your email address, by going to www.collegegoldrush.com/profile. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account.
- Disclaimers. Certain resources on the Website such are designed to assist you with navigating the process of creating a budget for college and applying for financial aid. Although we make efforts to provide you with correct and helpful information, you should verify and further research as necessary to ensure that you have all of the information required to make appropriate financial decisions. Our Services do not replace your obligation to exercise your independent judgment and to do your own research. In the material and data that we make available, we rely on a variety of third party sources. We believe these sources of data to be accurate and reliable, but sometimes they may not be. We make no claims or representations as to the accuracy, completeness, or truth of any material contained in the Website and Services. Nor are we liable for any errors or delays in the content or transmission of the data through the Website or Services. We do not guarantee the veracity, reliability or completeness of any information provided in the Services. We will not be liable for any loss or damage caused by a user’s reliance on information obtained through the Website, the Services, or in a hyperlinked area. If you don’t accept this responsibility for yourself, then you should not use the Website or Services.
- Restrictions. You may only use the Services for your own personal use. You may not commercialize any information or data you receive from us, meaning you cannot sell or profit off of our materials or Services, including the results of your use of the Services. If you share any of this information with an academic or non-profit entity, you may not pass it off as your own, and you must attribute the materials to Masons of California as the originator.
- Website Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to the design, structure, “look and feel” and arrangement of the content on the Website and the Services (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without our prior written permission. You may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our prior written consent. You may not create abstracts from or scrape our Content, for use on another website or service. We retain all right, title and interest in and to the Website and Services, including all related intellectual property contained therein, and no licenses are granted by implication or estoppel.
- Choice and Opt Out. As part of the Services, registered users can elect to receive direct notifications, either via email or text message, regarding key upcoming deadlines for financial aid applications, or other services or information that become available and which we believe may be of interest to you. You may opt out of receiving such notifications at any time by changing your preferences on your account profile page, or by following the instructions in the email or text message. Please note that if you elect to receive text message notifications, standard text messaging rates will apply.
- Acceptable Use Policy. You may not use the Website or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Website and Services is conditioned in part on your compliance with the rules of conduct below, and your failure to comply may result in termination of your access to and use of the Website and Services and being responsible for damages caused by your noncompliance. While using the Website and Services, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or Services; (f) “frame” or “mirror” any portion of the Website or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or Services; (h) harvest or collect information about or from other users of the Website or Services; (i) use the Website or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; or (n) facilitate or encourage any violations of this Section. Unauthorized access of our Website is a breach of these Terms, and you may not to access the Website by any means other than through the interfaces we provide.
- Your Warranties. You represent and warrant to Masons of California that (a) all information that you provide to us is accurate and truthful and (b) your acceptance and performance of these Terms does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.
- Additional Disclaimers. We offer and perform the Services solely as a convenience for you, and we do not guarantee or warrant the Services will meet your needs. Your interactions with third party advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WE SPECIFICALLY DISCLAIM, ON OUR OWN BEHALF AND ON BEHALF OF OUR THIRD PARTY SUPPLIERS AND LICENSORS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE SERVICES AND ALL INFORMATION AND DATA MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ERRORS OR DEFECTS, THAT ERRORS OR DEFECTS CAN BE CORRECTED, OR THAT THE SERVICES WILL BE AVAILABLE OR UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damages resulting from such problems. We do not guarantee the Website or Services will be operable at any time or at all times.
- Indemnification by You. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, third party suppliers, licensors and affiliates, at your expense, from and against any and all third-party claims, actions, proceedings, and suits brought against any of the foregoing persons or entities, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by any of the foregoing persons or entities, arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your unlawful, fraudulent or malicious use of the Services or your misuse or abuse of the Services and (iii) your violation of applicable laws, rules or regulations in connection with the Services, except to the extent such liabilities, damages, etc. are caused by our reckless or intentional violation of applicable laws. In such a case, we will provide you with written or electronic notice of such claim, suit or action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate as fully as reasonably required in the defense of any claim and, without limiting your indemnification obligation above, be responsible for all costs and expense incurred by us in the defense (including without limitation reasonable attorneys’ fees and other litigation expenses).
- Our Limitations of Liability. NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, OR THE WEBSITE OR SERVICES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth in this Section may not apply to you.
- Links to Other Websites. This Website and Services contains links to other independent third-party web sites (in all cases “Linked Websites”). Linked Websites provided by us are provided solely as a convenience to you and based upon your Information. Linked Websites are not under our control, and we are not responsible for and do not endorse the content of Linked Websites, including any products, information or materials contained on Linked Websites. You will need to make your own independent judgment regarding your interaction with Linked Websites. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Copyright Policy. We respect the intellectual property of others and ask that users of our Website and Services do the same. It is highly unlikely that we will know about any potential violations of your rights unless you tell us. Therefore, in connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, information in the form of a written notification (pursuant to the requirements of 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. You can email our designated copyright agent at email@example.com
- Binding Arbitration (Continued From the Start of These Terms). Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the San Francisco office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures, and sole and exclusive venue and jurisdiction is so vested and consented to. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
- General Provisions. These Terms shall be governed by and construed under the laws of the State of California, consistent with the Federal Arbitration Act, without reference to any conflict of law principles that would apply a different body of law. If any portion is deemed unenforceable or void, it is the intention of the parties that such terms be severed and the remaining terms be enforced to accomplish the intent of these Terms. Except as otherwise specified in these Terms, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 1111 California Street
- Abuse. If you become aware of or suspect abuse or misuse of the Services, or use of the Services other than as permitted in these Terms, please contact us at firstname.lastname@example.org
- Feedback. If you have comments regarding the Website or Services or ideas on how to improve them, please contact us at email@example.com and please note that by doing so, you also grant us permission to use and incorporate your ideas or comments into the Website and/or Services without compensation.
Questions? Please email us at firstname.lastname@example.org.