The College Review™ Terms & Conditions of Use
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST THE COLLEGE REVIEW™ (AS DEFINED BELOW), AS WELL AS ITS PARENT, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
The Site Offerings (as defined below) are available only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and can enter into legally binding contracts under applicable law (collectively, the “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. By accessing the Site and/or using any of the other Site Offerings, you represent and warrant that you satisfy all of the Usage Requirements.
1. General. Thank you for visiting The College Review™ website located at www.thecollegereview.com (the “Site”). The Site is an Internet property of Path56 Media ("The College Review™," "we," “our” or "us"). You agree to the terms of the Agreement in their entirety, when you: (a) access or use the Site; (b) access and/or view any of the: (i) links online school and education related resources and other information (“Third-Party Links"); and/or (ii) text, video and/or other information pertaining to online school and education related products and/or services made available on the Site (the “Informational Content," and together with the Third-Party Links, the “Content"); (c) register on the Site to receive The College Review™ newsletter (the “Newsletter”) which features various products and/or services, including online school and education related products and/or services (collectively, the “Third-Party Products”), as provided by The College Review's™ online school and education product and service providers (“Third-Party Service Providers”) and other third-party advertising partners (“Third-Party Advertisers”); and/or (d) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, The College Review™ and/or The College Review's™ Third-Party Service Providers regarding the Third-Party Products (collectively, the “Contact Services," and together with the Site, Content and Newsletter, the “Site Offerings"). PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM WHATSOEVER.
2. Education Disclaimer. Please be advised that The College Review™ does not itself provide online schooling or educational instruction, and the ultimate terms and conditions of any online schooling or educational instruction related products and/or services made available via the Site Offerings will be determined by the applicable Third-Party Service Providers. The College Review™ is not your agent or the agent of any Third-Party Service Provider. The College Review™ provides only administrative and marketplace services, by matching individuals, who are prospective students and/or consumers of Third-Party Products, with Third-Party Service Providers who may be willing to provide consumers with online schooling and/or other educational related products and/or services. You should always consult with your educational advisors to determine if the educational related products and/or service offered by Third-Party Service Providers are appropriate for you. Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. The College Review™ disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
3. Non-Endorsement; Passive Conduit.
(a) The College Review™ does not sponsor, recommend or endorse any Third-Party Service Provider and/or Third-Party Advertiser that is accessible by or through the Contact Services and/or other Site Offerings. The Third-Party Service Providers and Third-Party Advertisers that are accessible by and through the Site Offerings pay a fee for access to the end-users that utilize same. The College Review™ does not guarantee that you will successfully find an online school or educational program, products and/or services through use of the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. The College Review™ in no way endorses the content or legality of any responses, statements or promises made by Third-Party Service Providers, Third-Party Advertisers or any other parties featured on the Site or otherwise through the Site Offerings.
(c) The determination of the need for online school and educational products and/or services and the choice of related service providers are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third-Party Service Provider and/or Third-Party Advertiser, as applicable. The College Review™ does not review the standing of any Third-Party Service Providers and/or Third-Party Advertiser with any regulatory authority and/or governmental agency. Therefore, The College Review™ makes no representation regarding the status, standing or ability of any Third-Party Service Provider and/or Third-Party Advertiser. When considering contracting with a Third-Party Service Provider and/or Third-Party Advertiser, you should check the applicable Third-Party Service Provider’s and/or Third-Party Advertiser’s standing with applicable regulatory and/or governmental agencies.
(d) The College Review™ does not involve itself in the agreements between end-users and Third-Party Service Providers or Third-Party Advertisers, or the actual provision of online school or educational related products and/or services in connection with the relationships created thereby. Therefore, The College Review™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Users or Third-Party Service Providers and/or Third-Party Advertisers. You, and not The College Review™, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third-Party Service Providers and/or Third-Party Advertisers that you may communicate with via the Contact Services and/or other Site Offerings.
4. Site Offerings. The Site Offerings provide end-users with: (a) information and comparison services in connection with Third-Party Products; and (b) the ability to connect with Third-Party Service Providers for the purpose of obtaining Third-Party Products. We do not charge for access to the Site Offerings. Instead, we may receive fees from Third-Party Service Providers and/or Third-Party Advertisers. We reserve the right to change, modify, replace or remove any of the Site Offerings without notice as we see fit. Access to certain areas of, and the functionality associated with, the Site Offerings is restricted to registered users. We reserve the right to restrict access to some or all of the other areas of the Site Offerings, in our sole discretion. Please be advised that The College Review™ does not itself provide the Third-Party Products, or any other comparable products and/or services, and the ultimate terms and conditions of any product or service featured by and through the Site Offerings will be determined by the applicable Third-Party Service Provider(s) and/or Third-Party Advertiser(s). You understand and agree that The College Review™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any Third-Party Products or other featured products and/or services, or for any dispute between you and any Third-Party Service Provider(s) and/or Third-Party Advertiser(s). You understand and agree that The College Review™ shall not be liable to you or any third-party for any modification, suspension or discontinuation of any Third-Party Product or other product, service or promotion offered by any Third-Party Service Providers and/or Third-Party Advertisers.
5. Account; Required Equipment. If you register with us, you will either choose or be given a user ID and password to access your account on the Site. You must keep your password confidential. We may disable your account at any time in our sole discretion without notice or explanation. You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. The College Review™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. The College Review™ does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and The College Review™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
6. Scope of the Agreement; Modification. The Agreement constitutes the entire and only agreement between you and The College Review™ with respect to your use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. The College Review™ may amend the Agreement from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
Unless explicitly stated otherwise, any future offer(s) made available to you through the Site Offerings that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. You understand and agree that The College Review™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any Third-Party Products or other Third-Party Advertiser sponsored products and/or services, or for any dispute between you and any Third-Party Advertisers. You understand and agree that The College Review™ shall not be liable to you or any third-party for any modification, suspension or discontinuation of any Third-Party Product or other product, service or promotion offered by any Third-Party Advertisers. If The College Review™ terminates the Agreement for any reason, The College Review™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site Offerings is your sole right and remedy with respect to any dispute with The College Review™. The Agreement only governs your use of the Site Offerings.
7. Registration; Contact Services. Where you attempt to utilize the Contact Services and/or register for the Newsletter, you may be required to submit, and The College Review™ may collect, some or all of the following information: (a) your e-mail address; (b) your full name; (c) your telephone number; (d) your mailing address [including zip code]; (e) your date of birth [Age]; (f) high school / GED grad year, as applicable; (g) highest level of education; (h) subjects interested in; (i) school type [online or campus]; (j) intended program start date; (k) is US citizen; (l) military affiliation if any; (n) any other information collected via the applicable Contact Services form (collectively, “Contact Data").
Please be advised that The College Review™ does not itself provide the Third-Party Products, or any other comparable products and/or services, and the ultimate terms and conditions of any product or service featured by and through the Site Offerings will be determined by the applicable Third-Party Service Provider(s) and/or Third-Party Advertiser(s). You understand and agree that The College Review™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any Third-Party Products or other featured products and/or services, or for any dispute between you and any Third-Party Service Provider(s) and/or Third-Party Advertiser(s). You understand and agree that The College Review™ shall not be liable to you or any third-party for any modification, suspension or discontinuation of any Third-Party Product or other product, service or promotion offered by any Third-Party Service Providers and/or Third-Party Advertisers.
8. Newsletter. The Site provides users with an opportunity to apply to receive the Newsletter, which may feature Third-Party Products, as well as information on selected Third-Party Service Providers and Third-Party Advertisers. To register for the Newsletter, end-users must submit their first name and e-mail address at the Site. Upon submission of that information, the Site will send end-users a confirmation e-mail (otherwise known as a welcome e-mail) that will contain a confirmation link. In order to complete the registration process, end-users must activate the confirmation link.
9. Text Messages. Where you provide “prior express written consent” within the meaning of the TCPA, you consent to receive SMS messages from The College Review™ and/or its designated Third-Party Service Providers and/or Third-Party Advertisers. You may receive a maximum of fifteen (15) such SMS messages per calendar month per Third-Party. Standard message and data rates may apply to any SMS/text messages. Text “STOP” to opt-out from future messages. No other words or combination of words will achieve a successful opt out result. You may text “HELP,” or email us at: firstname.lastname@example.org, for help. We shall not be liable for delayed or undelivered messages. Message & date rates may apply.
Active keywords include HELP, STOP, END, QUIT, CANCEL, UNSUBSCRIBE
Participating Carriers: The following mobile carries are not liable for delayed or undelivered messages:
AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost, Metro PCS, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET and West Central Wireless.
10. Content; Third-Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to online school and education related products and/or services, as well as regularly updated Third-Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
11. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. The College Review™ may terminate this license at any time for any or no reason. Unless otherwise expressly authorized by The College Review™, you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by The College Review™. The “The College Review” name and logo are trademarks of Path56 Media. All other trademarks appearing by and/or through the Site Offerings, including those associated with the Third-Party Service Providers and/or Third-Party Advertisers, are the property of their respective owners. The use of any trademark without the applicable trademark owner's prior express written consent is strictly prohibited. The College Review™ reserves any rights not explicitly granted in the Agreement.
12. Restrictions. You are not permitted to use the Site Offerings to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You are not permitted to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site Offerings. You are not permitted to collect or store information from the Site Offerings about individuals who use the Site Offerings. You are not permitted to use the Site Offerings in any way: (a) that causes, or may cause: (i) damage to the Site Offerings; and/or (ii) impairment of the availability or accessibility of the Site Offerings; (b) that is unlawful, illegal, fraudulent or harmful; or (c) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
13. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on and/or through the Site Offerings.
14. Indemnification. You agree to indemnify and hold The College Review™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co- branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site Offerings; (b) your breach of the Agreement; (c) any dispute between you and any other Site Offerings end-user, Third-Party Service Provider and/or Third-Party Advertiser; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of The College Review™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties. THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, The College Review™ MAKES NO WARRANTY THAT: (A) THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD-PARTY PRODUCTS FROM OUR THIRD-PARTY SERVICE PROVIDERS AND/OR THIRD-PARTY ADVERTISERS; (D) YOU WILL REALIZE ANY SPECIFIC EDUCATIONAL BENEFIT OR OTHER OUTCOME; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The College Review™, ITS THIRD-PARTY SERVICE PROVIDERS, ITS THIRD-PARTY ADVERTISERS OR OTHERWISE THROUGH OR VIA THE SITE OFFERINGS , SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COLLEGE REVIEW™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COLLEGE REVIEW™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, USE OF THE SITE OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD-PARTY PRODUCTS FROM OUR THIRD-PARTY SERVICE PROVIDERS AND/OR THIRD-PARTY ADVERTISERS; (D) YOUR FAILUTRE TO REALIZE ANY SPECIFIC EDUCATIONAL BENEFIT OR OTHER OUTCOME; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR USER DATA; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE COLLEGE REVIEW™ AND ITS THIRD-PARTY ADVERTISERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THE COLLEGE REVIEW™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COLLEGE REVIEW™. THE SITE OFFERINGS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF THE COLLEGE REVIEW™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third-Party Websites. The Site Offerings may provide links, and/or refer you, to third-party Internet websites and/or resources including, but not limited to, the websites of Third-Party Service Providers and/or Third-Party Advertisers. Because The College Review™ has no control over such third-party websites and/or resources, you hereby acknowledge and agree that The College Review's™ is not responsible for the availability of such third-party websites and/or resources. Furthermore, The College Review does not endorse and is not responsible or liable for any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
19. Legal Warning. Any attempt by any individual, whether or not a The College Review™ end-user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and The College Review™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties/Covered Parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise concerning the Site Offerings, the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the Final Settlement Offer offered by the Named Party(ies), then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if the Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any of the Covered Parties incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
21. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. The College Review™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. Contact Us. If you have any questions regarding the Agreement, or would like more information from The College Review™, please contact us by: (a) sending us email to: email@example.com; or (b) mailing us at: The College Review, 377 Valley Rd, Unit #2572, Clifton, NJ 07013.