GENERAL TERMS AND CONDITIONS
The products and services (collectively, the "Products and Services") offered by or through College
Grad Job Hunter or CollegeGrad.com, Inc. (collectively referred to as "CollegeGrad") are made available
subject to the following Terms and Conditions. By using the Products and Services, you are agreeing
to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of
service posted on any individual CollegeGrad web site. Click on the following links for terms and conditions
or terms of service governing e-mail, chat, or personal web pages.
Please read these Terms and Conditions carefully.
Privacy
Click here to review CollegeGrad's privacy policy.
Changes in Terms and Conditions and Changes in Products and Services
CollegeGrad reserves the right to modify the Products and Services from time to time, for any reason, and
without notice, including the right to terminate the Products and Services.
CollegeGrad reserves the right to modify these Terms and Conditions from time to
time, without notice. Please review these Terms and Conditions from time to time so you will be
apprised of any changes.
Content Linked to or from CollegeGrad
CollegeGrad encourages you to exercise discretion while using the Products and Services to
browse the Internet. CollegeGrad makes no representations concerning any
effort to review the content of any of the sites listed in search results or other directories, or of any of
the sites otherwise linked to or from the CollegeGrad web sites. CollegeGrad shall not be held responsible for
the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed
in CollegeGrad's search results or otherwise linked to or from the CollegeGrad web sites or provided to
CollegeGrad by third parties.
Disclaimer of Warranties
CollegeGrad disclaims any and all responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material in the Products and Services.
CollegeGrad disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
CollegeGrad disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COLLEGEGRAD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, COLLEGEGRAD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. COLLEGEGRAD SIMILARLY DISCLAIMS, TO
THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COLLEGEGRAD BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF COLLEGEGRAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, COLLEGEGRAD. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing
limitation may not apply to you.
Under no circumstances shall CollegeGrad be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
The sites displayed as search results, otherwise linked to or from the CollegeGrad web sites, or operated or provided to CollegeGrad by
third parties are developed by people over whom CollegeGrad exercises no control.
Accordingly, CollegeGrad assumes no responsibility for the content of any site included in any search results or otherwise
linked to or from by CollegeGrad web sites. In instances where CollegeGrad does review the sites that are displayed in directories, indices, and/or references, or where CollegeGrad makes available directories, indices,
and/or references of sites compiled by third parties, the content located at such sites was developed third parties.
CollegeGrad may terminate this license at any time and for any reason or for no reason, without any
notice. CollegeGrad reserves the right to revoke this license or to alter its terms from time to time, without any notice. CollegeGrad reserves the right to take action against any use that does not conform to these
provisions.
No License
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of CollegeGrad's or any third party's intellectual
property rights, whether by estoppel, implication, waiver, or otherwise.
Arbitration, Governing Law and Forum for Disputes
Unless expressly stated to the contrary elsewhere within the Products and Services,
all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Wisconsin
applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall
be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Milwaukee, Wisconsin, and judgment on the arbitration award may be entered into in any state or
federal court in Wisconsin having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Wisconsin having jurisdiction thereof. Except as set forth
above, the state and federal courts of Wisconsin shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By
using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Wisconsin with respect to all such disputes.
Intellectual Property Infringement Claims
It is the policy of CollegeGrad to respond expeditiously to claims of intellectual property infringement. CollegeGrad will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, CollegeGrad will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove
or disable access to any reference or link to material or activity that is claimed to be infringing. CollegeGrad will terminate access for subscribers and account holders who are repeat infringers.
When CollegeGrad removes or disables access to any material claimed to be infringing, CollegeGrad may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification,
although CollegeGrad makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. CollegeGrad will give the complaining party an opportunity to seek
judicial relief in accordance with the DMCA before CollegeGrad replaces or restores access to any material as a result of any counter notification.
Indemnity and Release
By using the CollegeGrad web sites you agree to indemnify CollegeGrad and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the
CollegeGrad web sites. By using CollegeGrad you are hereby agreeing to release CollegeGrad and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way
related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
Merger
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between CollegeGrad's representations and you with respect to the
subject matter hereof; except that any other terms and conditions located on any individual CollegeGrad web site are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions.
To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any products or
services available on or through the web site at which those other provisions may be found.
Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other rights of CollegeGrad,
CollegeGrad reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the CollegeGrad web sites. If
CollegeGrad should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these
Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and
that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
