Welcome to College Web Live™. College Web Live™ and its affiliates provide products and services to clients all around the world. College Web Live has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services. If you visit, shop, or use any of our products and services at College Web Live, you accept these conditions. In addition, when you use any current or future College Web Live products and services or visit or purchase from any business affiliated with College Web Live, whether or not included in the College Web Live Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT
“College Web Live”, “College Web Live”, and “We” are defined as the company College Web Live. “The customer”, “College Web Live’s customers,” and “You” are defined as patrons of College Web Live. “This site” is defined as any website that is owned, operated or otherwise directly or indirectly maintained by College Web Live, “Service” and “Product” are interchangeable, and defined as any merchandise or commercial offering of College Web Live. The term “spam” is used as it is currently defined by the Federal Trade Commission.
When you visit College Web Live or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by College Web Live may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless College Web Live from any claims resulting from the use of the service which directly or indirectly damages any other party.
ACCEPTABLE USE POLICY
General Statement: College Web Live’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what College Web Live expects of them while using a product or service. All users of College Web Live’s products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on College Web Live’s products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in (i) Copyright Infringement: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code, (ii) Unsolicited Email ‘SPAM’ to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted; (iii) Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties; (iv) Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities; (v) Child Pornography; (vi) Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses; (vii) Fraudulent activities; (viii) Denial of Service (DOS and DDOS); (ix) Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind; (x) Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities; (xi) Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense; (xii) Ping bots, network scanning programs, automated network intrusion programs, IRC ‘Internet Relay Chat’ related applications or software, or anonymous proxy services.
PAYMENT AND BILLING
You agree to pay College Web Live for Products and Services without deduction, or delay for any reason. At any time, College Web Live may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize College Web Live to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within five (5) days after the date of invoice, in U.S. currency. Invoices are issued five (5) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 10th of the month and must be paid in full by the 15th of the month). You will be responsible for reimbursing College Web Live for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. If College Web Live does not receive payment by the due date, you may be charged interest on any unpaid balances at the rate of up to one and one half percent (1 1/2%) per month or the maximum rate allowed by law. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection fee may be applied that is equal to the greater of the original account setup fee or TWENTY FIVE DOLLARS ($25). IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY College Web Live IN WRITING OF THE DISPUTE WITHIN SIXTY DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide College Web Live with a valid tax exemption certificate before College Web Live provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
All content included on College Web Live’s website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of College Web Live or its content suppliers and protected by United States and international copyright laws. The compilation of all content on College Web Live’s websites is the exclusive property of College Web Live and protected by U.S. and international copyright laws. All software used on College Web Live’s websites is the property of College Web Live or its software suppliers and protected by United States and international copyright laws.
College Web Live, College Web Live.com and other marks indicated on our site are registered trademarks of College Web Live, or its subsidiaries, in the United States and other countries. College Web Live’s trademarks and trade dress may not be used in connection with any product or service that is not College Web Live’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits College Web Live. All other trademarks not owned by College Web Live or its subsidiaries 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 Web Live or its subsidiaries.
LICENSE AND SITE ACCESS
College Web Live grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of College Web Live. This license does not include any resale or commercial use of College Web Live’s websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of College Web Live. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of College Web Live and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing College Web Live’s name or trademarks without the express written consent of College Web Live. Any unauthorized use terminates the permission or license granted by College Web Live. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of College Web Live so long as the link does not portray College Web Live, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any College Web Live logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use College Web Live products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use College Web Live only with involvement of a parent or guardian. College Web Live and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any Product or Service, Customer must submit a written cancellation request from the registered email address on the account. This must be submitted at least seven (7) calendar days prior to expiration of the monthly renewal term. To insure the privacy and security of both the Customer and College Web Live, cancellation must be completed via email only. Requests for cancellation via telephone, fax, physical mail, or any other means will not be processed.
COMMENTS, COMMUNICATIONS, FEEDBACK, FORUMS, AND OTHER CONTENT
Visitors may post feedback, comments, content and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. College Web Live reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, you grant College Web Live and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, unless we indicate otherwise. You grant College Web Live and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify College Web Live or its affiliates for all claims resulting from content you supply. College Web Live has the right but not the obligation to monitor and edit or remove any activity or content. College Web Live takes no responsibility and assumes no liability for any content posted by you or any third party.
College Web Live and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
College Web Live and its affiliates attempt to be as accurate as possible. However, College Web Live does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by College Web Live itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.
Parties other than College Web Live and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. College Web Live does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Any attempts to undermine or cause harm to a College Web Live service or customer of College Web Live is strictly prohibited. College Web Live will pursue legal action to the fullest extent for any abuse of Info Session Live, LLC or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. College Web Live reserves the right to remove any account or service without prior notice. If College Web Live deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. College Web Live will issue a refund when appropriate. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified College Web Live (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by College Web Live as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
LENGTH OF CONTRACT
The agreement between You and College Web Live will be effective as of the date you sign up for any College Web Live Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with College Web Live via the primary College Web Live website, www.College Web Live.com.
Without limiting other remedies, College Web Live or its affiliates may limit, suspend, or terminate your use of College Web Live Products and Services, prohibit access to College Web Live’s website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off College Web Live’s network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the College Web Live network, if you purchased College Web Live Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. College Web Live shall effect such termination by preventing access to your account and to the Info Session Live, LLC Internet network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, Info Session Live, LLC Internet may provide notice to you by email, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that College Web Live may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the College Web Live network.
You acknowledge and understand that if the College Web Live Service or Products do not function as a result of a force majeure event, College Web Live will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of College Web Live. In the event College Web Live is affected by a force majeure event, it shall post a notification on the College Web Live website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. College Web Live will not accept any liability for the consequences arising out of a force majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY College Web Live ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
College Web Live EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. College Web Live MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM College Web Live OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT College Web Live SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF College Web Live HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of College Web Live in contract, tort, statutory duty or otherwise (even where College Web Live has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and College Web Live becomes liable for loss or damage that would otherwise have been limited.
By visiting College Web Live, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and College Web Live or its affiliates.
Any dispute relating in any way to your visit to College Web Live or to products and services you purchase through College Web Live shall be submitted to confidential arbitration in Albany, New York, except that, to the extent you have in any manner violated or threatened to violate College Web Live’s intellectual property rights, College Web Live may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without prior notice. Updates to our site, policies, and these Conditions of Use will be posted on our web site at http://www.College Web Live.com. If any of these conditions shall be deemed by College Web Live or a state or federal court as invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide College Web Live’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying College Web Live and its affiliates that your copyrighted material has been infringed.
College Web Live’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
College Web Live Legal Department
College Web Live an Info Session Live, LLC Company (“College Web Live” or “we” or “us”), provides various Internet-based products and/or services through http://www.College Web Live.com (“our website” or “the site”) and is committed to implementing measures designed to protect the privacy of those using its services.
Please note that we review and modify our privacy practices from time to time, and those practices are therefore subject to change.
The information we gather and how we use it.
We gather two types of information about the users of our website: non-personally identifiable and personally identifiable information. When visitors come to our website, we may collect and aggregate non-personally identifiable information indicating, among other things, which pages were visited, the order in which they were visited, and which hyperlinks were clicked. Collecting such information involves the logging of IP addresses, operating system and browser software used by each visitor to the site. Although such information is not personally identifiable, we can determine from the IP address a visitor’s Internet Service Provider and the geographic location of his or her point of connectivity.
The non-personally identifiable information we collect helps us, among other things, to monitor our internal operations, improve our services, identify the most popular areas of our website and determine the effectiveness of our services and promotional activities. It also helps us make available quality online services by performing statistical analyses of the collective characteristics and behavior of the users of our website, and by measuring demographics and interests regarding specific areas of our website. We provide statistical information based on this data to advertisers, affiliates, and other current and potential promotional partners.
We do not collect any information that personally identifies you unless you knowingly and willingly provide it. We explicitly ask for information that personally identifies you. For example, when registering for a personal account, we require that you provide us with certain personally identifiable information ranging from basic contact information to payment information to the technical coordinates of your host servers.
Although you may not “opt out” of the registration process if you wish to become a user of the website, you may choose to “opt out” of receiving promotional materials related to services provided by us, our associates, advertisers, or other business partners. If you do not “opt out” of receiving such promotional materials, we reserve the right to release any personally identifiable registration information regarding you to third parties who provide goods or services that we believe may be of interest to you. If you decide that you would like to discontinue receiving promotional information from such third parties, please contact those third parties directly. Note, however, that we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from College Web Live or independently.
We use personally identifiable information to operate this site, and we may occasionally inform you of new features, services, promotions and products available on this site offered by our promotional partners and us. We limit our own e-mail solicitations to those users who have not “opted out” of receiving such communications. Our communications are limited in that they will clearly indicate the originator of the e-mail and provide the customer with a method of “opting out” of receiving future communications of a similar nature. If you decide that you would like to discontinue receiving information from us about new features, services, promotions and products, please utilize the “Opt-Out” feature included with each communication.
College Web Live™ reserves the right to send our users communications from time to time that may contain promotional material regarding products or services that we have determined will enhance our products, service, and support system.
Last Updated October 20, 2011