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Baruch College of the City University of New York
One Bernard Baruch Way, New York, NY 10010
Brooklyn College of the City University of New York
2900 Bedford Ave, Brooklyn, NY 11210-2889
Broward College - Central Campus
111 East Las Olas Boulevard, Fort Lauderdale, FL 33301
California Polytechnic State University-San Luis Obispo
1 Grand Avenue, San Luis Obispo, CA 93407
California State University - Fullerton
800 N State College Blvd, Fullerton, CA 92831-3599
California State University - Long Beach
1250 Bellflower Blvd, Long Beach, CA 90840-0115
California State University - Los Angeles
5151 State University Dr, Los Angeles, CA 90032
California State University - San Bernardino
5500 University Pky, San Bernardino, CA 92407-2397
California State University - San Marcos
333 S Twin Oaks Valley Rd, San Marcos, CA 92096-0001
Campbell University
P. O. Box 127, 143 Main Street - Administration Building, Buies Creek, NC 27506
College of the Holy Cross
One College Street, 119 Fenwick Hall, Worcester, MA 01610-2395
Commonwealth University of Pennsylvania - Bloomsburg
400 E 2nd St, Bloomsburg, PA 17815
East Tennessee State University
1276 Gibreath Drive, Box 70300, Johnson City, TN 37614-1700
Embry-Riddle Aeronautical University
1 Aerospace Boulevard, Daytona Beach, FL 32114-3900
Florida Agricultural and Mechanical University
1601 South Martin Luther King Jr. Boulevard, Tallahassee, FL 32307
Florida Institute of Technology
150 West University Boulevard, Melbourne, FL 32901-6975
Georgia Southern University
1770 Southern Drive, Marvin Pittman Administration Building, Statesboro, GA 30458
John Jay College of Criminal Justice of the City University of New York
524 West 59th St., New York, NY 10019
Lehman College of the City University of New York
250 Bedford Park Blvd West, T3-201, Bronx, NY 10468
Long Island University Post Campus
University Center / LIU Post 700-720 Northern Boulevard, Brookville, NY 11548-1327
Massachusetts Institute of Technology
77 Massachusetts Avenue, Cambridge, MA 02139-4307
Minnesota State University, Mankato
309 Wigley Administration Center, Mankato, MN 56001-6062
New York Institute of Technology Long Island
P.O. Box 8000, Old Westbury, NY 11568-8000
Pennsylvania State University - University Park
201 Old Main Building, University Park, PA 16802-1589
South Dakota School of Mines and Technology
501 E Saint Joseph St, Rapid City, SD 57701-3995
Stephen F Austin State University
P. O. Box 6079, SFA Station, 2102 Alumni Drive, Austin Building, Room 309, Nacogdoches, TX 75962
Texas Tech University
15th Street and Akron, P. O. Box 4219, MS 2019, Lubbock, TX 79409-5005
The Master's University and Seminary
21726 Placerita Canyon Road, Santa Clarita, CA 91321-1200
University of California, Santa Barbara
552 University Road, Santa Barbara, CA 93106-2030
University of Maryland - College Park
Main Administration Building, College Park, MD 20742-0001
University of Massachusetts Dartmouth
285 Old Westport Rd, North Dartmouth, MA 02747-2300
University of Michigan - Ann Arbor
3190 Ruthven Building, 1109 Geddes Ave, Ann Arbor, MI 48109-1079
University of Minnesota - Twin Cities
202 Morrill Hall, 100 Church Street SE, Minneapolis, MN 55455-0213
University of North Carolina at Charlotte
9201 University City Blvd, Charlotte, NC 28223-0001
University of North Carolina at Wilmington
601 South College Road, Wilmington, NC 28403-5963
University of Southern Mississippi
118 College Drive # 0001, Hattiesburg, MS 39406-0001
Virginia Polytechnic Institute and State University
800 Drillfield Drive, Blacksburg, VA 24061
West Chester University of Pennsylvania - North Campus
South High Street, West Chester, PA 19383
Abilene Christian University
Adelphi University
Agnes Scott College
Albany State University
Allegheny College
Alma College
American University
Amherst College
Andrews University
Angelo State University
Anna Maria College
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Arizona State University
Arkansas State University
Arkansas Tech University
Auburn University Main Campus
Augusta University
Augustana College
Azusa Pacific University
Babson College
Ball State University
Bard College
Barnard College
Baruch College of the City University of New York
Bates College
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Bellarmine University
Belmont University
Benedictine College
Bentley University
Berea College
Berry College
Bethel University Indiana
Bethel University Minnesota
Bethel University Tennessee
Biola University
Bob Jones University
Boise State University
Boston College
Boston University
Bowdoin College
Bowling Green State University
Bradley University
Brandeis University
Bridgewater State University
Brigham Young University
Brigham Young University - Idaho
Brooklyn College of the City University of New York
Broward College - Central Campus
Brown University
Bryant University
Bucknell University
Butler University
California Baptist University
California Institute of Technology
California Polytechnic State University-San Luis Obispo
California State Polytechnic University, Pomona
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Calvin University
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Gettysburg College
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Ithaca College
Jackson State University
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John Carroll University
John Jay College of Criminal Justice of the City University of New York
Johns Hopkins University
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Kenyon College
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Langston University
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Lee University
Lehigh University
Lehman College of the City University of New York
Liberty University
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Lone Star College - Woodlands
Long Island University Brooklyn Campus
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Louisiana State University and A&M College
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Loyola Marymount University
Loyola University Chicago
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Luther College
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Macalester College
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Marist University
Marquette University
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Massachusetts Institute of Technology
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Mercer University
Messiah University
Metropolitan State University of Denver
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Michigan State University
Michigan Technological University
Middle Tennessee State University
Middlebury College
Millikin University
Milwaukee School of Engineering
Minnesota State University, Mankato
Mississippi College
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Missouri State University
Missouri University of Science and Technology
Molloy University
Monmouth University
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Morehouse College
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Muhlenberg College
Murray State University
Muskingum University
Nazareth University
New Jersey City University
New Jersey Institute of Technology
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New York Institute of Technology Long Island
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Portland State University
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Queens College of the City University of New York
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Ramapo College of New Jersey
Randolph-Macon College
Rensselaer Polytechnic Institute
Rhode Island College
Rhodes College
Rice University
Rochester Institute of Technology
Roger Williams University
Rollins College
Rose-Hulman Institute of Technology
Rowan University
Russell Sage College
Rutgers, The State University of New Jersey
Sacred Heart University
Saint Francis University
Saint Joseph's University
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Salve Regina University
Sam Houston State University
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San Diego State University
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Santa Clara University
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Simmons University
Simpson College
Skidmore College
Slippery Rock University of Pennsylvania
Smith College
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Spelman College
St. John Fisher University
St. John's University
St. Lawrence University
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Stonehill College
Stony Brook University Hospital
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Taylor University
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Texas A&M University
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The College of New Jersey
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The Master's University and Seminary
The New School
The University of Alabama
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The University of the South
The University of West Florida
Thomas Jefferson University - Center City
Thomas More University
Touro University
Towson University
Trevecca Nazarene University
Trinity College
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Tufts University
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Terms and Conditions
Terms and conditions for the online sale of services provided by Collegii, LLC
1. YOUR RIGHTS AND OBLIGATIONS
- This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
- These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
- By placing an order for campus tour services (“Services”) from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
- You may not order or obtain services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Collegii, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
- These terms and conditions (these “Terms”) apply to the purchase and sale of Services through Collegii.com (the “Site”). These Terms are subject to change by Collegii (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Services through this Site (see 9).
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Services you have ordered.
3. Prices and Payment Terms
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if any. All such taxes and charges will be added to your total amount due and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept American Express, VISA, Mastercard, Paypal, ApplePay, and GooglePay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Refunds
Except in the event the Services are not provided due solely to the fault of Collegii, we will refund your purchase price provided you give us written notice that Services were not provided within one (1) day of the date on which such Services were scheduled to occur.
5. Warranty and Disclaimers
Except in the event the Services are not provided due solely to the fault of Collegii, we will refund your purchase price provided you give us written notice that Services were not provided within one (1) day of the date on which such Services were scheduled to occur.
5. Warranty and Disclaimers
- We do not control the delivery of Services offered on our Site or ordered by you. The availability of Services through our Site does not indicate an affiliation with or endorsement of any such service. Accordingly, we do not provide any warranties with respect to the Services offered on our Site.
- We make no warranties whatsoever with respect to the services offered on this site. All warranties with respect to the services, express and implied, are expressly disclaimed.
- Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
- You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of such claims.
6. Limitation of Liability
- In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits, opportunities or revenues, or diminution in value, arising out of, or relating to, and/or in connection with any breach of these Terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
- Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the services you have ordered through our site.
- The limitation of liability set forth in Section 7(b) shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our willful misconduct.
7. Services Not for Resale
You represent and warrant that you are buying Services from the Site for your own personal or household use only, and not for resale.
8. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, collegii.com/privacy governs the processing of all personal data collected from you in connection with your purchase of Services through the Site.
9. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts.
11. Governing Law and Jurisdiction
- You and Collegii are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
- Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of services through the site, will be resolved exclusively and finally by binding arbitration.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, neither you nor Collegii will be entitled to join or consolidate claims by or against other customers in court or arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
12. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Collegii.
14. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Notices
- To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) info@collegii.com or (ii) by personal delivery, overnight courier, or registered or certified mail to Collegii, LLC 100 Powder Mill Road, Suite 212, Acton, Massachusetts 01720. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement
These Terms, the license agreement relating to any service you obtain on or through this Site, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Contractor Agreement
This Tour Services Contractor Agreement (the “Agreement”) is entered into on the date indicated below by (“Contractor” or “You”) and Collegii, LLC, a Massachusetts limited liability company with a principal place of business located at 100 Powder Mill Road, Suite 212, Acton, Massachusetts 01720 (“the Company” or “Collegii”).
By checking the box at the end of this agreement and clicking confirm, you are entering into an agreement with Collegii to perform certain campus tour services in accordance with the terms and conditions below.
1. YOUR RIGHTS AND OBLIGATIONS
- This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to the tour services you provide. Please read it carefully.
- These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
- By accepting an order for campus tour services (the “Services”) from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.
2. Eligibility to Provide Services
You may not accept an order to provide services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Collegii, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods, or services by applicable law.
3. Effective Date and Term
This Agreement shall be effective as of the date You check the box at the end of this Agreement and click “Confirm” (the “Effective Date”). The term of this Agreement shall commence on the Effective Date and shall continue until You provide and complete the Services in an Order that you accept. Either party may terminate this Agreement at any time for any reason or no reason at all upon delivery of written notice to the other party. Such termination must be in writing. Upon termination of this Agreement, Contractor shall be entitled only to payments for Services completed prior to the termination of this Agreement.
4. Capacity
Contractor shall serve as an independent contractor for the Company and shall not hold any other position or office with the Company.
5. Services
Contractor agrees to provide campus tour services at a designated college, university or other educational institution (the “School”) pursuant to an Order requesting such services for a prospective student and his or her family and invitees (the “Services”). Contractor agrees that the Services will be undertaken in a manner designed to reflect favorably upon the Company and the School and to be of the highest quality. The scope of Services and related requirements of the Contractor shall be set forth in writing below:
- Provide on-campus tour, discussing campus life, athletics, education, extracurricular activities, and other matters pertaining to a college experience
- Arrive on-time to designated meeting points for schedule tours
- Dress in an appropriate manner
- Tours must be conducted in public areas. Tours within private areas, such as dorm rooms, are prohibited
- Minors (under 18 years old ) must be accompanied by a parent/adult
- Guides are prohibited from communicating with prospective students outside of the tour.
6. Compensation
As total compensation for the Services performed pursuant to any Order, the Company shall pay Contractor in accordance with payment schedule that may be updated periodically, which can be found at collegii.com/guidecompensation. Payment will be paid within seven (7) days of completion of the Services for such Order. The Company shall not be required to pay or incur any cost, charge or expense not specifically stated in this Agreement.
7. Taxes and Benefits
Because Contractor shall be treated in all respects as an independent contractor and not an employee, no deductions or withholdings applicable to payments to employees shall be made from payments to Contractor pursuant to this Agreement. The Company shall report income to Contractor on IRS Form 1099-Misc. Contractor is not an employee of the Company and shall not be treated as an employee of the Company for any purpose including, without limitation, for purposes of the Company’s employee benefit plans. Contractor shall not be entitled to participate in any plan, arrangement, or distribution by the Company pertaining to any bonus, welfare benefit, vacation, insurance, or any other benefits for the Company employees. It is agreed that it is the obligation of Contractor to report as self-employment income all compensation received by Contractor pursuant to this Agreement. Contractor shall indemnify the Company and hold it harmless to the extent of any obligation imposed by law upon the Company to pay any federal, state, or local withholding taxes, social security, medical, dental, workers’ compensation, disability insurance, or similar items in connection with any payment made to Contractor by the Company pursuant to this Agreement on account of Contractor or Contractor’s agents, if any.
8. Assignment
Contractor may not assign or delegate Contractor’s responsibilities, rights, duties or obligations under this Agreement. All Services performed under this Agreement shall be performed by Contractor, except as otherwise authorized in writing by the Company’s duly authorized agent. Should Contractor desire to hire an assistant to assist in performing Services, Contractor must obtain prior, written approval of the Company.
9. Warranty
Contractor agrees that the Services will be performed in a professional and complete manner in accordance with the highest industry standards and consistent with this Agreement. Contractor states that Contractor is qualified to provide the Services. Contractor agrees to conduct him or herself with the utmost professionalism and not take any action that may result in a negative view of the School, or the Company or its employees, directors, officers or clients. Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of Services by Contractor in accordance with Contractor’s independent and professional judgment. Collegii may seek, compile and share reviews of services performed and has the right to share relevant tour data with educational institutions and other third parties.
10. Relationship of Parties
It is agreed that Contractor is an independent contractor. Contractor is responsible for determining the manner and means by which the Services are accomplished, subject to the express condition that Contractor shall at all times meet the needs of the Company for the Services and comply with applicable law. Contractor agrees that Contractor will be available to meet, either remotely or in person, with management of the Company, pursuant to their request, at reasonable and mutually agreeable locations and times. It is expressly understood that Contractor is not an employee or agent of the Company and has no authority to bind the Company by contract or otherwise. Contractor shall provide all tools and equipment necessary for Contractor to provide the Services, if any.
11. Work for Other Entities.
It is understood and agreed that Contractor may perform services for other clients or third parties during the term of this Agreement. However, Contractor agrees that she may not use the Company’s name on any website or other written communication without the express written consent of the Company.
12. Indemnity
Unless due solely to the negligence of the Company and to the maximum extent allowed pursuant to applicable law, Contractor shall defend, indemnify and hold harmless the Company and its affiliates and their officers, directors, members, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from (a) bodily injury, death of any person, or damage to real or tangible personal property resulting from Contractor’s negligent acts or omissions; (b) Contractor’s breach of any representation, warranty, or obligation under this Agreement; or (c) Contractor’s negligent acts or omissions in connection with Services performed pursuant to this Agreement.
13. Limitation of Liability
- In no event shall the company be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits, opportunities or revenues, or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
- Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the services you have ordered through our site.
- The limitation of liability set forth in Section 14(b) shall: (i) only apply to the extent permitted by law and (ii) not apply to (a) liability resulting from our willful misconduct.
14. Compliance with Other Agreements
Contractor represents and warrants to the Company that her execution of this Agreement and her performance of the obligations hereunder will not, regardless of the giving of notice or the passage of time, conflict with, result in the breach or termination of, or constitute default under, any agreement to which Contractor is a party or by which the Contractor is or may be bound.
15. Nondisclosure of Confidential Information
Contractor acknowledges that, in the course of performing Services for the Company as an independent contractor, Contractor will have access to certain confidential, proprietary and/or personal information (the “Confidential Information”). Contractor also acknowledges that the Company has taken reasonable precautions to maintain the confidentiality of its Confidential Information. Contractor agrees that the Confidential Information is a highly valuable asset and a legitimate business interest of the Company. Contractor therefore agrees that he or she will not, except in the normal and proper course of her performance of the Services herein, directly or indirectly, disclose or use any Confidential Information without our prior written approval from the Company. Contractor also agrees to refrain from use or disclosure of the Confidential Information at any time after this Agreement is terminated, for any reason or purpose whatsoever.
- Definition. For the purposes of this Agreement, the term “Confidential Information” means all originals and copies of all material, data, documents, and information in any format (including without limitation all hardcopy, softcopy, electronic, web, and computer-based information, documents, data files, records, videos, pictures and recordings) which constitutes confidential and/or trade secret information as further defined in this Agreement and/or by law. Confidential Information shall refer to all confidential and proprietary information and documents of the Company, and examples of Confidential Information include, but are not limited to, the following:
- Client Information – identity, contact information, or other proprietary or financial information of Company’s clients.
- Marketing Information – how the Company markets its services, including internal marketing materials, sales strategies, plans and activities.
- Company Procedures and Forms – the Company’s internal policies, procedures and forms, including handbooks, practices, training and brochures.
- Personnel Information – the Company’s employees and contractors, including their identity, contact information, abilities, specific job duties, performance, discipline, termination, medical information and personnel data/files.
- Organizational Operations – the structure and operation of the Company’s business operations, including the Company’s strategic plans, contracts, vendor relationships, prospective ventures and any litigation or proceedings involving the Company, and the strengths and weaknesses of the Company’s systems, equipment and processes.
- Financial Information – financial performance data and reports, flash reports, credit and debt arrangements, banking information and information about any financial matters pertaining to the Company.
- Technical, Computer Information – any computer hardware, software, systems, reports, technology and/or equipment the Company uses in its business, their features and capabilities, how the Company uses them, user identification and password information.
- Non-Confidential Information. Confidential Information does not include material, data, documents, and/or other information that the Company has voluntarily placed in the public domain through no fault of Contractor; that has been lawfully and independently developed and publicly disclosed by third parties; that constitutes general knowledge and skills gained by Contractor during the period of this Agreement; or that otherwise enters the public domain through lawful means.
- Required Disclosure. If Contractor is required by legal or regulatory authority to disclose any Confidential Information, Contractor agrees to notify the Company sufficiently in advance in order to permit the Company to take steps to prevent such disclosure, and, prior to any disclosure, consult with and assist the Company in obtaining a protective order or other appropriate remedy. In any event, Contractor will disclose only that portion of the Confidential Information that is required to be disclosed and will use his or her best efforts to ensure that confidential treatment is accorded to any Confidential Information so disclosed.
- Return of Confidential Information. Contractor agrees that, upon request during the term of this Agreement, and when this Agreement is terminated, for any reason, Contractor will immediately return any Confidential Information, including any copies of Confidential Information, that Contractor may have in his or her possession. Contractor agrees that he or she will neither keep, disclose nor use any Confidential Information, or copies of Confidential Information, whether for his or her own purposes or on behalf of any other person or entity, at any time, except as required in the normal and proper course of Contractor’s performance of Services for the Company.
16. Governing Law and Consent to Jurisdiction
This Agreement shall be governed by and construed in accordance with the substantive law of the Commonwealth of Massachusetts.
17. Dispute Resolution and Binding Arbitration.
- You and company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
- Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of services through the site, will be resolved exclusively and finally by binding arbitration.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 18. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, neither you nor the company will be entitled to join or consolidate claims by or against other customers in court or arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
18. Entire Agreement/Amendment
This Agreement constitutes the entire agreement between the parties and may not be modified except by subsequent written agreement executed by Contractor and the Company’s duly authorized agent.
19. Waiver
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
20. Severability
Should any tribunal, administrative agency, or court of competent jurisdiction find any part, term, or provision of this Agreement to be illegal, invalid, or unenforceable, such part, term, or provision shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law. Should any tribunal, administrative agency, or court of competent jurisdiction find any part, term, or provision of this Agreement to be illegal, invalid, or unenforceable even after all attempts at reformation or construction have been exhausted as provided in the prior sentence, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and the illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be part of this Agreement.