THE COLLEGE GURU TERMS AND CONDITIONS
BY VISITING THECOLLEGEGURU.COM YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF THE COLLEGE GURU (HEREINAFTER “THE COLLEGE GURU”).
OVERVIEW
The terms “we”, “us”, and “our” refer to The College Guru. The term “Site” refers to thecollegeguru.com. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about and via our college and career counseling services, our workshops, our webinars, our digital products, and our blog.
Use of the Service, including all information and educational materials presented herein by The College Guru, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
Information provided on the Site and in the Service related to thecollegeguru.com, college admissions, and other information are subject to change. The information on the Site is for educational and informational purposes only. The College Guru makes no representation or warranty that the information provided regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The College Guru disclaims all liability for any inaccuracy, error, or incompleteness in the Content on the site or by following any link to this site. The College Guru will not be liable for any losses, injuries, or damages from the display or use of this information.
Access or use of the Site or the Service. You cannot use the Site if you are younger than 16 years old and have not received permission to use it from your parents or guardians.
MODIFICATION OF THESE TERMS
The College Guru reserves the right to change the terms, conditions, and notices under which thecollegeguru.com is offered. By using thecollegeguru.com or sending any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant The College Guru a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold The College Guru harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
DESCRIPTION OF SERVICES
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
COOKIES
We use session cookies to ensure that your computer displays thecollegeguru.com effectively. You
have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from thecollegeguru.com, you may not be able to take full advantage of its features or to receive some of the services thecollegeguru.com provides.
LINKS AND EMAIL ADDRESSES
Links posted on this website to other websites are provided only as a convenience to you. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The College Guru. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
NO WARRANTY
The information presented on thecollegeguru.com is provided “as is” and “as available,” without representation or warranty of any kind. The College Guru does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, The College Guru is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The College Guru has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by The College Guru including, without limitation, the logo, all designs, text, graphics, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
VISITORS’ GDPR RIGHTS
According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.
As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:
You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.
We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.
You have the right to seek restrictions on the processing of your data. You have the right to object to the processing of your data and the right to the portability of your data.
You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and The College Guru pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by The College Guru shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The College Guru.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The College Guru, PO Box 6091, San Pedro, CA 90734
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Durham County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable or otherwise transferable by you, except upon approval by The College Guru. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated January 2021