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Terms of Use


Terms of Use

Your use of the www.Collegly.com website constitutes your agreement to these terms.  This is an important document which you must consider carefully when choosing whether to use the site and services of the Collegly Platform at any time.  If you do not wish to accept these terms, please exit now.

 

Welcome to the Collegly Platform owned and operated by Collegly, Inc., and its affiliates (hereinafter “Collegly”), consisting of web sites, services, software applications and networks that allow for the authorized upload, download, sharing, purchase and distribution of informative content and services globally over the internet (the “Collegly Platform”).  The terms “Collegly” and “Collegly Platform” apply to any site, page, system, or application owned and operated by Collegly, Inc, including mobile applications, as well as the pages, content, and services provided by Collegly to its Users.

 

Collegly is a forum for publishing and sharing ideas, original works of authorship, non-copyrighted works, and other resources for the benefit of educating and informing teachers, students, and other members of society about various topics.  The Collegly Platform is intended to facilitate and encourage the dissemination and organization of information about any topics that members of the public care about or desire to express, restricted only by the boundaries of privacy laws, ethical and professional conduct, intellectual property laws, and other relevant civil and criminal laws.  Collegly provides a venue to introduce and promote Users who wish to provide, obtain, browse, buy, sell, or exchange services related to academic, professional, and amateur research and productivity.

 

The terms "You", "Your", "User", or "Users" apply to Registered Account Holders specifically, and they apply generally to anyone accessing the Collegly Platform for any reason. 

This Notice of Policies and Terms of Use Comprises the Following Sections:

Content

1.  You Accept This User Agreement

2.  Eligibility

3.  Privacy; Additional Terms.

4.  Individual Features, Services, and Responsibilities.

5.  Independent Contractors.

6.  Modification of these Terms.

7.  Intellectual Property and the Digital Millennium Copyright Act.

8.  Collegly Platform License Grant.

8.1 License Grant to Upload.

8.2 License Grant to Download.

8.3 Reservation of Rights.

8.4 Prevention of Unauthorized Use.

9.  User Content License Grant; Your Representations and Warranties.

9.1 Retention of Ownership.

9.2 License Grant to Collegly.

9.3 License Grant to other Collegly users.

9.4 User Content Representations and Warranties.

9.5 User Content Disclaimer.

10.  Prohibited Conduct. 

11.  Accounts, Fees, and Taxes.

11.1.  Subscriptions.

12. Third-Party Sites, Products and Services; Links.

13. Termination; Terms of Use Violations.

14.  Ownership; Proprietary Rights.

15. Indemnification.

16. Disclaimers; No Warranties.

17.  Limitation of Liability and Damages.

18.  United States Export Controls.

19.  Notice.

20.  Waiver.

21.  Governing Law.

22.  Jurisdiction.

23.  Severability.

24.  Assignment.

25.  Survival.

26.  Headings.

27.  Entire Agreement.

28.  Claims.

 

 

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE.  BY USING, REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR UPLOADING TO THE Collegly PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS AS WELL AS THE ACADEMIC HONESTY POLICY AND OUR PRIVACY POLICY(COLLECTIVELY, THE “TERMS”).  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE Collegly PLATFORM.

 

1. You Accept This User Agreement

 

The Collegly Terms of Use comprise a user agreement ("User Agreement" or "Agreement") that is a contract between you and Collegly, Inc.  The Collegly Platform is offered to you conditional on your acceptance of the User Agreement.  If you do not agree to any of these terms and conditions you should immediately cease to use the Collegly Platform.  Please note that Collegly reserves the right to close, suspend, or limit your access to your Account or the Services provided to You and/or to limit access to Your funds held or deliverable through the Collegly Platform if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference -

Collegly offers an internet based solution to improve a student's ability to exchange  academic information and relevant study material or services with others for profit, in which a consumer posts an item or service for sale and other consumer bids to purchase it.  Collegly may collect fees, royalties, interest, and other value from such transactions. Collegly serves as a platform which connects parties and does not provide any of the study material or is a party to the agreement between the selling and buying parties.  

 

2. Eligibility

 

Collegly offers Services to its Users and shall have absolute discretion as to whether or not a particular User is allowed to visit or participate in the Collegly platform at any time regardless of past conduct.  The Collegly Platform is available only to individuals or entities that are competent to form legally binding contracts under the laws applicable to each User.  Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us WITHOUT UNNECESSARY DELAY.

 

The Collegly Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Collegly Platform by Collegly.  If you are using or opening an account on the Collegly Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. 

 

BY DOWNLOADING, INSTALLING, REGISTERING, OR OTHERWISE USING THE Collegly PLATFORM, YOU REPRESENT THAT you meet ALL eligibility requirements.  By using the Collegly Platform You are WARRANTING that you are 13 years OF AGE OR OLDER. and THAT YOU ARE COMPETENT TO ENGAGE IN WHATEVER CONDUCT AND TRANSACTIONS YOU UNDERTAKE ON THE Collegly PLATFORM.

 

3. Privacy; Additional Terms.

 

Your privacy is important to Collegly.  Collegly’s Privacy Policy is hereby incorporated into these Terms by reference.   Please read the Policy carefully for information relating to Collegly’s collection, use, and disclosure of Your personal information.

 

Users who utilize Collegly’s Developer Platform or any of Collegly’s APIs are bound by the API terms of service of each respective API contributor, such as Facebook.  The Collegly API Terms are hereby incorporated into these Terms by reference.

 

4. Individual Features, Services, and Responsibilities.

 

When using the Collegly Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

 

When you enter into a transaction with another User, you create a legally binding contract between you and the other User, unless the transaction is prohibited by law or by this User Agreement as set forth in these Terms of Use.  If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. Collegly has no responsibility for enforcing any User rights beyond the role of hosting the Collegly platform. Collegly is not, and shal not be considered,  a party to any contract between users of the Collegly Platform. 

 

You are responsible for ensuring that you comply with your obligations to other Users.  If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Employer or Freelancer, or in any other uses you make of the Site.

 

Because user identification on the Internet is difficult, Collegly cannot and does not confirm the actual identity of any User, nor does Collegly warrant that any User will perform their obligations under any contracts with other users.Collegly shall not be liable for any performance or non-performance of any of the users of the Collegly Platform.

 

5. Independent Contractors.

 

Each User acknowledges and agrees that the relationship between Users is that of independent contractors.  Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between Collegly and any User. 

 

6. Modification of these Terms.

 

Collegly reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.   Please check these Terms and any Guidelines periodically for changes.  Your continued use of the Collegly Platform after the posting of changes constitutes Your binding acceptance of such changes.  For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the Collegly Platform. 

 

7. Intellectual Property and the Digital Millennium Copyright Act. 

 

Collegly respects the intellectual property rights of others.  Therefore, it is Collegly’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”).  Please note that Collegly will promptly terminate without notice any User’s access to the Collegly Platform if that User is determined by Collegly to be a “repeat infringer.”  A repeat infringer is a User who has been notified by Collegly of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Collegly Platform more than twice.

 

If you believe that your work has been copied in a way that constitutes copyright or other infringement, please provide Collegly's Copyright Agent with the information specified below in the form of a "Notification of Alleged Infringement."  It is Collegly's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify.  If you are concerned about the removal of or blocked access to your content, please provide Collegly’s Copyright Agent with the written information specified below in the form of a "Counter-Notification."  The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

 

Collegly, Inc.

c/o Copyright Agent

2311 Thomas Street

Hollywood, FL 33020

U.S.A

copyright@Collegly.com

 

To be considered effective, a Counter-Notification must be submitted in writing and include the following information (this list is for general information only; see the Copyright Office link above for current law):

1.  Physical or electronic signature of the subscriber or a person authorized to act on behalf of the subscriber.

2.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3.  A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.  The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the State of Florida, USA, and that the subscriber will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

 

Note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. YOU MAY BE LIABLE FOR MAKING FALSE COPYRIGHT CLAIMS.

 

8. Collegly Platform License Grant.

 

8.1 License Grant to Upload.

 

 

Subject to Your compliance with Collegly’s Policies and Terms, Collegly hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Collegly Platform for the uploading and distributing of authorized digital content, including electronic documents (“User Content”).  

 

User Content is uploaded at Your own risk.  Notwithstanding anything to the contrary herein, Collegly does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Collegly be liable for any unauthorized copying or usage of the User Content.

 

8.2 License Grant to Download.

 

Subject to Your compliance with the terms and conditions set out in these Terms, Collegly hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation, download to a portable device), print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed. 

8.3 Reservation of Rights.

 

Collegly reserves all rights not expressly granted in these Terms.

 

8.4 Prevention of Unauthorized Use.

 

Collegly reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Collegly Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

 

9. User Content License Grant; Your Representations and Warranties.

 

9.1 Retention of Ownership.

 

Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You. 

 

9.2 License Grant to Collegly.

 

Unless otherwise agreed to in a separate written agreement between You and Collegly that was signed by an authorized representative of Collegly:

a)  By distributing or disseminating User Content through the Collegly Platform, You hereby grant to Collegly a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by Collegly. Such license will apply to any form, media, or technology now known or hereafter developed.

b)  The licenses granted to You terminate as to User Content once You remove or delete such User Content from the Collegly Platform.  Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by Collegly with respect to Your User Content prior to Your removal of such User Content from the Collegly Platform shall survive and remain in full force and effect regardless of such removal of content.

c)  By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.

 

9.3 License Grant to other Collegly users.

 

By distributing or disseminating User Content through the Collegly Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You in the Collegly Platform  when You uploaded such User Content.  Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use in the manner contemplated by these Terms and the Collegly Platform.  The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Collegly Platform provided, however, that rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Collegly Platform survive any termination or expiration of the license granted pursuant to  this sectionand shall remain in full force and effect. 

9.4 User Content Representations and Warranties.

 

You are solely responsible for Your User Content and the consequences of posting or publishing them.  By uploading and publishing Your User Content, You affirm, represent, and warrant that:

a)  You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Collegly and Collegly’s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Collegly and these Terms;

b)  Your User Content does not and will not slander, defame, or libel any other person;

c)  The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and

d)  Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Violators of these third-party rights may be subject to criminal and civil liability.  Collegly reserves all rights and remedies against any Users who violate these Terms.  Collegly may take independent action against violators with regard to their access and use of the PapoerBid platform, including any disciplinary actions mentioned in this Notice and including suspension, seizure, and elimination of Your Account.

 

9.5 User Content Disclaimer.

 

You understand that when using the Collegly Platform You will be exposed to User Content from a variety of sources, and that Collegly is not responsible for the accuracy, usefulness, quality or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Collegly with respect thereto.  Collegly does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Collegly expressly disclaims any and all liability in connection with User Content.  If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Collegly may, at its sole discretion,  investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. 

 

Collegly does not permit copyright infringing activities on the Collegly Platform.

 

10. Prohibited Conduct.

 

BY USING THE Collegly PLATFORM YOU AGREE NOT TO:

a)    use the Collegly Platform for any purposes other than to disseminate or receive original or appropriately licensed content, which includes tutoring services and materials, and/or to access the Collegly Platform as such services are offered by Collegly;

b)    rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);

c)    post, upload, or distribute any defamatory, libelous, misleading  or inaccurate User Content or other content;

d)    post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

e)    impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Collegly Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, description , or content of information transmitted via the Collegly Platform, or perform any other fraudulent activity;

f)     harass other Users or induce them into illicit or unethical activity;

g)    delete the copyright or other proprietary rights on the Collegly Platform or User Content;

h)    make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Collegly Platform; This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

i)      use the Collegly Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

j)     defame, harass, abuse, threaten or defraud Users of the Collegly Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;

k)    use the Collegly Platform if You are under the age of thirteen (13) years old;

l)      remove, circumvent, disable, damage or otherwise interfere with security-related features of the Collegly Platform or User Content, features that prevent or restrict use or copying of any content accessible through the Collegly Platform, or features that enforce limitations on the use of the Collegly Platform or User Content;

m)  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Collegly Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

n)    modify, adapt, translate or create derivative works based upon the Collegly Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

o)    intentionally interfere with or damage operation of the Collegly Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

p)    relay email from a third party’s mail servers without the permission of that third party;

q)    use any robot, spider, scraper, or other automated means to access the Collegly Platform for any purpose or bypass any measures Collegly may use to prevent or restrict access to the Collegly Platform;

r)     forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Collegly Platform;

s)    interfere with or disrupt the Collegly Platform or servers or networks connected to the Collegly Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Collegly Platform;

t)     post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that in Collegly’s sole opinion detracts from the Collegly experience; and

u)    Knowingly violate any academic or professional integrity standards of any institution to which you are beholden.  Collegly encourages academic and professional integrity.  Your Use of this site constitutes acknowledgement and consent to Collegly’s Academic and Professional HONESTY AND Integrity Policy, the entirety of which is hereby incorporated by reference into these terms.

 

11. Accounts, Fees, and Taxes.

 

 

When You use the Collegly Platform to upload and/or download content or any products, services, or information from Collegly, You may be asked to provide a password.  You are solely 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 agree that the information You provide to Collegly on registration and at all other times will be true, accurate, current, and complete.  You also agree that You will ensure that this information is kept accurate and up-to-date at all times.  If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Collegly.  You may be liable for the losses incurred by Collegly or others due to any unauthorized use of Your Collegly Platform account.

 

Collegly offers an internet based solution to improve a student's ability to exchange  academic information and relevant study material or services with others for profit, in which a consumer posts an item or service for sale and other consumer bids to purchase it.  Collegly may collect fees, royalties, interest, and other value from such transactions.  All fees are set forth in the summary of Collegly’s fees and charges. All fees will be assessed in US dollars.  Your Account and all transactions are made and displayed in US dollars unless otherwise specified.

 

Collegly.com may earn fees and deduct them from User Accounts for creating, hosting, maintaining, and providing the Collegly Platform, and for all Services delivered by Collegly that are accessible through the Collegly Platform and to cover expenses and fees Collegly incurs to banks, credit card companies, PayPal, and other payment processors.

The fees paid by Students of the Collegly platform are those that have been indicated and accepted upon membership sign up and come in monthly intervals. The level of payment is at the discretion of the user that commits to these. Each membership explicitly outlines the amount of standard materials (Standard Papers), non-standard material credits (Premium Paper credits) and Ask A Question credits. The credit amounts for each Premium Paper and Ask A Question function are outlined by the Tutor and accepted by the Student. Additional, credits are available at the cost of the Student. Credit promotions and free-credit giveaways are at the discretion of the Collegly platform and are only applicable when the Student has been explicitly notified.
Tutor earnings are subject to their participation on the Collegly platform, as identified by Standard Paper downloads (by share of the overall platform), Premium Paper downloads (by credits) and Ask A Question participation (by credits). Each Tutor earns respective to their share of the overall participation in respect to their Standard Paper downloads, and to the Credits allotted by the Student, less the Collegly system fees. 
The Standard Papers and Premium Papers uploaded in accordance to a Promotion are subject to the promotional guidelines and, if stated, may no longer allow the owner monetary benefits for each download. The benefits received for uploading these papers would be deemed Promotional, the user would be explicitly notified of the Promotional benefits and it would be up to the user to accept these benefits.  
 

If a User Cancels their Account, is terminated for misconduct, or Fails to log in for 101 consecutive days, all property rights to accumulated earnings, expected earnings or payments due to the User will revert to Collegly if not withdrawn by the User in that time.

 

a)  Taxes. If you earn more than $600, you must complete a W9 tax form and submit it to Collegly. Collegly will not permit you to withdraw funds in excess of $600 from your account if you do not submit a W9 tax form.

 

b)  Risk of Reversals, Chargebacks and Claims.

    i.      Purchasers.  Any User who purchases any services or content on the Collegly Platform is a “Purchaser.”  Purchasers may not chargeback any fees they pay for a Contribution on the Collegly Platform.  If You do a chargeback, Collegly will: (i) immediately suspend Your account; and (ii) charge You for the cost of such chargeback plus the applicable fees posted at http://www.Collegly.com/Fees.  You agree that Collegly may recoup such fees from You, and You agree to directly pay Collegly such fees.  If You request a chargeback, the credit card issuer, not Collegly, will determine whether the chargeback is granted.

   ii.      Sellers.  Any User who offers, sells, or posts any services or content (“Contributions”) on the Collegly Platform is a “Seller.”  Any agent or employee of Collegly may also be a Seller, and any User may be both a Purchaser and a Seller.  If Collegly is unable to recoup the cost of a chargeback from a Purchaser for a Contribution that You posted, You agree that we may recoup this charge from You, and You agree to either: (i) directly pay Collegly these fees; or (ii) permit Collegly to debit these fees from Your Account and/or any of Your future earnings, if necessary, which You seek or acquire on the Collegly Platform.

  iii.      No Off-Site Transactions. Contributors may receive payment from Purchaser's payments via the Collegly Platform only.  Collegly does not condone or in any way participate or become a party to any off-site transactions between users of the Site.  You may not negotiate on Collegly and then move off of the Collegly Platform to finalize any transaction where the meeting of the parties and negotiation of the bargain began on Collegly. This includes not exchanging any personal contact information such as email and telephone numbers. in order to circumvent Collegly's interests.   To do so is a violation of these Terms of Use and will subject You to penalties being levied against You by Collegly.

  iv.      No Refunds. You expressly agree and understand that Collegly will not offer any refunds for Query Transactions whatsoever.  You participate in an Inquiry Transaction at your own risk.  You may not revoke a Query Transaction once it has been issued and/or once any user has responded to it.

   v.      Disputes Between Users. Any transactions between Users, whether Purchasers, Sellers, or Contributors, via the Collegly Platform are solely between said Users and Collegly is not a party to said transactions.  You are solely responsible for your conduct and risk management in Your dealings with others.  You agree that Collegly cannot be liable for any dispute that arises between You and any other User or losses that result from User activity.  Collegly does not guarantee any structured dispute resolution services or procedures for resolving disputes other than through the best judgment of our customer service department.  YOU TRANSACT WITH OTHER USERS AT YOUR OWN RISK.

11.1 Subscriptions.

Monthly Subscription

Your monthly subscription for Collegly will start when Collegly confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Collegly Account. At the end of the monthly subscription period, you will automatically be billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you may click on the cancel renewal link in the following link prior to the end of your current subscription term, read below for Paypal instructions.

Quarterly Subscription

Your Quarterly subscription for Collegly will start when Collegly confirms your payment and will  billed quarterly (every 3 month). Quarterly subscriptions are paid in full in advance. If you do not wish your subscription to auto-renew, you may click on the cancel renewal link in the following link prior to the end of your current subscription term, read below for Paypal instructions.

Annual Subscription

Your annual subscription for Collegly will start when Collegly confirms your payment and will continue for a period of one year. Annual subscriptions purchased on the Collegly are are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Collegly Account. At the end of the annual subscription period, Collegly will sign you up and bill you for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you may click on the cancel renewal link in the following link prior to the end of your current subscription term, read below for Paypal instructions.

General Terms and Conditions for all Subscriptions

Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your Collegly Account, but no refunds will be paid on any remaining subscription period.

Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription. Educational subscription pricing, if available, is subject to verification of eligibility.

 

PayPal Customers

If you have set up a recurring payment via PayPal for a subscription you can cancel your pending payments by doing the following:

1.     Log in to your PayPal account.

2.     Click Profile near the top of the page.

3.     Click My money.

4.     Click Update in the My preapproved payments section.

5.     Click Cancel, Cancel automatic billing, or Cancel subscription and follow the instructions.

 

12. Third-Party Sites, Products and Services; Links.

 

The Collegly Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).  Unless otherwise expressly stated by Collegly, Collegly does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.  In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Collegly Platform are solely between You and such advertiser.  Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

 

13. Termination; Terms of Use Violations.

 

a)    Collegly: You agree that Collegly, in its sole discretion, for any or no reason, and without penalty, may terminate any User Account (or any part thereof), including any Account that You may have with Collegly, and may terminate Your use of the Collegly Platform and remove and discard all or any part of Your Account, User profile, and any User Content, at any time.  For example, Collegly may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.  Collegly may also in its sole discretion and at any time discontinue providing access to the Collegly Platform, or any part thereof, with or without notice, including access to and use of deposited or earned funds.  You agree that any termination of Your access to the Collegly Platform and any Accounts You may have established thereon, or portion thereof, may be affected without prior notice, and You agree that Collegly will not be liable to You or any third party for any such termination.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Collegly may have at law or in equity.  As discussed herein, Collegly does not permit copyright infringing activities on the Collegly Platform, and will terminate access to the Collegly Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.

 

b)  You/Users: Your only remedy with respect to any dissatisfaction with (i) the Collegly Platform, (ii) any term of these Terms, (iii) any policy or practice of Collegly in operating the Collegly Platform, or (iv) any content or information transmitted through the Collegly Platform, is to terminate the use of the Collegly Platform and Your account.  You may terminate the use of the Collegly Platform at any time

c)  Content: Subject to Section 7 above, upon termination of these Terms by You or Collegly, Collegly may discontinue prospective hosting and distribution of Your User Content.

 

14. Ownership; Proprietary Rights.

 

The Collegly Platform is owned and operated by Collegly.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Collegly Platform provided by Collegly (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except for any User Content that is provided and owned by Users, all Materials contained on the Collegly Platform are the property of Collegly or its subsidiaries or affiliated companies and/or third-party licensors.  This includes all trademarks, service marks, and trade names are proprietary to Collegly or its affiliates and/or third-party licensors.  Except as expressly authorized by Collegly, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Collegly Platform.  Collegly reserves all rights not expressly granted in these Terms.

 

You agree and acknowledge that unless explicitly requested, Collegly may display your company name, logo and public description of your projects and profile as part of the Collegly Platform, its website(s) and / or other Collegly marketing materials.

 

For more information about Users’ rights to intellectual property on the Collegly platform, refer to the Collegly Privacy Policy and section 7, above, in this Agreement.

 

Promotional Terms and Agreements

a) The “Free Course” promotion is entered into between the individual supplying the free course (The Tutor) and a representative on behalf of Collegly (Collegly). The “Free Course” promotion provides a one-time exchange between Collegly and The Tutor, where The Tutor provides the course material in exchange for a one time payment from Collegly. The money received from Collegly is agreed on in conversation between the two parties and the paper then belongs to Collegly, and can then be distributed at Collegly’s will.

b) Automatic uploads of tutor papers allows a member (The Tutor) to send via email all of their desired papers to a representative for Collegly (Collegly) to upload to the network. The papers must be submitted appropriately and include The Tutors name, user ID and instructions for Collegly to upload. Each paper should be clearly marked by The Tutor so that it can be uploaded accurately.

c) Additional promotions will be entered in on per-case scenario where the expressed commitments by Collegly or Collegly Support will hold the framework of the promotion. Each party will be required to conduct business according to the expressed outline of that agreement.

15. Indemnification.

 

You agree to indemnify, save, and hold Collegly, its affiliated companies, shareholders or office holders, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Collegly Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein including, but not limited to, infringement of intellectual property or publicity rights..  Collegly reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Collegly, and You agree to cooperate with Collegly’s defense of these claims.  Collegly will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

16. Disclaimers; No Warranties.

 

a)  No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Collegly, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Collegly OR THROUGH THE Collegly PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM Collegly INCLUDES Collegly’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

 

You acknowledge and agree that Collegly is not involved in the actual transaction between the USERS. As a result, Collegly has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Collegly to provide the services or the Employers to pay for the services.  We do not guarantee that a User will actually complete a transaction or act lawfully OR COMPETENTLY in using the Site.

 

b)  “As is” and “As available” and “With All Faults”.  YOU EXPRESSLY AGREE THAT THE USE OF THE Collegly PLATFORM IS AT YOUR SOLE RISK.  THE Collegly PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Collegly PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

 

c)  Platform Operation and User Content.  Collegly, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Collegly PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

d)  Accuracy.  Collegly, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Collegly PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Collegly does not have the resources to nor does it undertake any obligation to control, research, verify, validate, or approve the content that is received FROM USERS AND THIRD PARTIES.  

 

Some of the Services offered ON THE Collegly PLATFORM may include feedback to questions by Users of this service, TUTORING SERVICES,  and/or articles with original content and opinions AND/OR DESCRIPTIONS OF USER-pROVIDED CONTENT OR SERVICES.  Use of or links to this content AND THESE SERVICES is at the User's own risk.  No warranty is made that the information is accurate or reliable; Collegly and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

 

Some of the content provided ON THE Collegly PLATFORM may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature.  This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s).  All of the information that Collegly.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

 

THE Collegly PLATFORM IS dynamic AND time-sensitive. the information on THE Collegly PLATFORM will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Collegly or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

 

e)  Harm to Your Computer.  YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE Collegly PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

f)    Uploaded Content.  THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY Collegly HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. 

 

17. Limitation of Liability and Damages.

 

a)  Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Collegly OR ITS AFFILIATES, OFFICE HOLDERS & SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE Collegly PLATFORM OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE Collegly PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH Collegly, EVEN IF Collegly OR A Collegly AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b)  Limitation of Damages.  IN NO EVENT WILL THE TOTAL LIABILITY OF Collegly OR ITS AFFILIATES, OFFICE HOLDERS & SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE Collegly PLATFORM OR YOUR INTERACTION WITH OTHER Collegly PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Collegly PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

c)  Reference Sites.  THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Collegly AND RECEIVED THROUGH OR ADVERTISED ON THE Collegly PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.

 

Collegly provides unmonitored access to AND may contain links to  third-party content. Collegly is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal ISSUE.  Collegly does not control nor always review the web sites LINKED TO from the Collegly PLATFORM. Collegly therefore cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

 

d)  Basis of the Bargain.  YOU ACKNOWLEDGE AND AGREE THAT Collegly HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Collegly, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Collegly. Collegly WOULD NOT BE ABLE TO PROVIDE THE Collegly PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

e)  Bar to action.  Collegly may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Collegly for any matter arising out of any transaction or otherwise in respect of this User Agreement.

 

f)     Limitations by Applicable Law.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

18. United States Export Controls.

 

You shall comply with all export control laws, regulations, and restrictions of the United States and applicable sovereign agency or authority regarding the export, reexport, transfer, release and/or access of items subject to control, including but not limited to technical data, technical assistance, technology, software, source code, or any direct product.  This includes, but is not limited to, obtaining all required licenses and authorizations from the appropriate Government agencies.  Relevant U.S. regulations include but are not limited to the State Department’s International Traffic in Arms Regulations and the Commerce Department’s Export Administration Regulations.  As these laws prohibit the release or access of technical data controlled under the ITAR to foreign persons, you are prohibited from posting any ITAR-controlled technical data and other applicable information, including any official Department of Defense documents, on Collegly.com that have not been authorized for public release by the appropriate Government agency.  It is your responsibility to ensure that you comply with these laws and do not post any item on Collegly.com that is not authorized for public release under the applicable laws, regulations and restrictions.  Your rights under these Terms are contingent on Your compliance with this provision.

 

19. Notice.

 

Collegly may provide You with notices, including those regarding changes to Collegly’s terms and conditions, by email, regular mail, or postings on the Collegly Platform.  Notice will be deemed given twenty-four hours after email is sent, unless Collegly is notified that the email address is invalid.  Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Collegly Platform.  In such case, notice will be deemed given three days after the date of mailing.  Notice posted on the Collegly Platform is deemed given ten days following the initial posting. 

 

20. Waiver.

 

The failure of Collegly to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Collegly. 

 

21. Governing Law.

 

These Terms will be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to any principles of conflicts of law. 

 

22. Jurisdiction.

 

You agree that any action at law or in equity arising out of or relating to these Terms or Collegly will be filed only in the state or federal courts in and for Broward County, FLorida, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

 

 23. Severability.

 

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

24. Assignment.

 

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Collegly without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

 

25. Survival.

 

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

 

 

26. Headings..

 

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

27. Entire Agreement.

 

The Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Collegly relating to the subject matter herein and will not be modified except by a change to these Terms or Guidelines made by Collegly.

28. Claims.

 

YOU AND Collegly AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Collegly PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

 

These Terms of Use were last modified on March 1, 2016.

 

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