Last updated: October 4, 2017
College Unscripted LLC (“CU,” “us,” or “we”) owns www.collegeunscripted.com (the “Site”), and owns or licenses related applications, which include all of the text, images, designs, video, photographs, writings, data, audio, software, code and other material, features or services contained or provided therein (collectively, the “Content”). The Site, the Content, any mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by CU are referred to here as the “Service” or “Services”.
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 15 years of age in Australia or 13 years of age in all other Authorized Jurisdictions ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant CU the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement.
If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
CU does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. As a result of your registration for the Service, you may also receive certain commercial communications from CU. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt-out of receiving these communications at any time by either using the unsubscribe functionality included in all email communications or within your user profile settings. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Event”) from College Unscripted LLC. These Services may include but are not limited to:
- The Ultimate College Boot Camp
- The College Masters
- Mastermind Group Coaching
- Getting Through Grad School
- Crack Your Professor’s Code
- Grow Through College
- The Leadership Academy
By placing your Order with College Unscripted LLC, via clicking “enroll/join/purchase/pay now/sign-up/submit/buy now/complete order” or other buttons that have a similar meaning, or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the College Unscripted LLC website and discontinue use of the Services immediately.
Payment is required before beginning the program/product or at the end of the trial period, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program/product. You agree to pay the amount agreed (including any additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. College Unscripted LLC is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services.
CU does not store any credit card information it may receive in regard to any specific transaction or billing arrangement. All credit card information is handled by the applicable third-party payment processor, currently Stripe or PayPal.
College Unscripted LLC does not guarantee any specific results from use of the Services. College Unscripted LLC does not make any representations or warranties as to specific outcomes or results.
In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or CU has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, CU may deny you access to the Service, or terminate your account, at its sole discretion.
If you use this site, 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.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CU is not responsible for third-party access to your account that results from theft or misappropriation of your account. CU and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify CU of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. CU cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
When addressing any matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to improve your performance. However, CU does not guarantee results from using the ideas, techniques, products, services, tools, strategies or recommendations on the Site. The examples that CU provides are just that – examples and are not to be interpreted as a guarantee or promise of outcomes.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK. By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your performance, growth or results of any kind. You alone are responsible for your actions and results, which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, savvy, network and situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
All forum, discussion, or social networking areas are about sharing and growing with other program members. However, there is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.
You may cancel your Service by contacting CU Support via email at [email protected], or you may cancel your account at any time in your user profile settings. [RC2] If you cancel your service in the middle of the plan, your data will not be deleted until the next billing cycle. Once your account is fully cancelled, all of your data will immediately be deleted from CU. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you have received a free trial of the Service, your account will not be billed if you cancel before the end of your free trial period. After your free trial period ends, your account will be billed a monthly Service charge. The monthly Service charge is subject to change; CU will provide advance notice of at least one billing cycle in the event of any change to your monthly Service charge. The Service charge is subject to change; CU will provide advance notice of at least one month prior to your new billing cycle in the event of any change to your Service charge.
If you have received a free trial of the Service, your account will not be billed if you cancel before the end of your free trial period. After your free trial period ends, your account will be billed a monthly Service charge. The monthly Service charge is subject to change; CU will provide advance notice of at least one billing cycle in the event of any change to your monthly Service charge. The Service charge is subject to change; CU will provide advance notice of at least one month prior to your new billing cycle in the event of any change to your Service charge.
The CU refund policy includes a 72-hour grace period. You can request a refund within 72 hours of being charged to receive a full refund. Absolutely no refunds are issued 72 hours after your billing cycle period. If you have purchased a CU promotional offering and elected to pay via payment plan, you agree to complete all payments in your payment plan, unless you close your account and request a refund within the 72 hour grace period. Nothwithstanding the foregoing standard 72-hour grace period, specific program offers may specify a longer "Satisfaction Guarantee" period, which in that case would control. Please contact us at [email protected] with any questions.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CU and CU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CU of the site or any association with its operators. Third-party sites and organizations deliver certain services made available via the Site. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that CU may share such information and data with any third party with whom CU has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of CU and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CU or our licensors except as expressly authorized by these Terms. You retain ownership of all content submitted to CU through the service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with CU’s offering of the CU service to you. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also grant CU a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with Your Account to promote the Service. Additionally, by uploading content to the Site or Service, you warrant, represent and agree that you have the right to grant CU the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) infringes any intellectual property right of another or the privacy or publicity rights of another, (c) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (d) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (e) contains other people's private or personal information without their express authorization and permission, and/or (f) contains or links to a virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. CU reserves the right in its discretion to remove any Content from the Site or Service, suspend or terminate your account at any time, change your CU subdomain, or pursue any other remedy or relief available under equity or law.
CU respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is: College Unscripted, P.O. Box 487, Flossmoor, Illinois 60422; Email: [email protected] We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, CU will also terminate a user's account if the user is determined to be a repeat infringer.
The Service is controlled, operated and administered by CU from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CU Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. CU makes no representation that the Service is appropriate or available for use outside the USA.
You agree to indemnify, defend and hold harmless CU, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CU reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CU in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Our Customer Support Department is available by email at [email protected], to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at +1.800.352.5267. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Arbitration shall be initiated in Cook County, State of Illinois, United States of America, and you and CU agree to submit to the personal jurisdiction of any federal or state court in Cook County, Illinois, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction provide that such party has complied with the terms of the Initial Dispute Resolution provision.
Notwithstanding anything to the contrary herein, any arbitration or cause of action against CU must be commenced within one (1) year after the claim or cause of action arises.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: College Unscripted LLC, P.O. Box 487, Flossmoor, Illinois 60422. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, they also will not bind CU.
CU will provide 60-days’ notice of any changes to this section by making the revised version available on the Site. Changes will become effective on the 60th day after posting, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and CU agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Cook County, Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and CU shall be governed by the laws of the State of Illinois without regard to conflict of law provisions
CU reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the State of Illinois govern this agreement, and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CU as a result of this agreement or use of the Site. You agree that CU does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. CU's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CU's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CU with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CU with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CU with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CU welcomes your questions or comments regarding the Terms by emailing [email protected]