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Terms of Service

COLLEGEACCESS TERMS OF SERVICE

Last Updated: [April 2025]

PLEASE READ THESE TERMS CAREFULLY.

BY CLICKING “I ACCEPT” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COLLEGEACCESS’S PRIVACY POLICY (AVAILABLE AT WWW.COLLEGEACCESS.IO/PRIVACYPOLICY) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND COLLEGEACCESS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COLLEGEACCESS AND BY YOU TO BE BOUND BY THESE TERMS.

YOU AGREE TO RECEIVE EMAILS FROM OR ON BEHALF OF COLLEGEACCESS AT THE EMAIL ADDRESS YOU PROVIDE TO US. THESE EMAILS WILL INCLUDE OPERATIONAL COMMUNICATIONS ABOUT YOUR USE OF THE SERVICE AND MAY INCLUDE MARKETING COMMUNICATIONS. YOUR CONSENT TO RECEIVE THESE COMMUNICATIONS IS NOT A CONDITION OF ANY PURCHASE OR USE OF THE SERVICE.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 14, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND COLLEGEACCESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. CollegeAccess Services Overview

CollegeAccess is an online platform that connects independent counselors ("Counselors") with students and parents ("Students") for guidance related to college admissions and academic development.

1.1 Disclaimer

WE DO NOT HAVE ANY OVERSIGHT OR CONTROL OVER THE COUNSELING PROVIDED BY COUNSELORS TO STUDENTS. COUNSELORS ARE NOT EMPLOYEES, REPRESENTATIVES, OR AGENTS OF COLLEGEACCESS. IF YOU ARE A COUNSELOR, YOU MUST NOT REPRESENT, OR IN ANY WAY INDICATE, SUGGEST, OR IMPLY, THAT YOU ARE CREDENTIALED, ENDORSED, RECOMMENDED, OR EVALUATED BY COLLEGEACCESS IN ANY MANNER. COLLEGEACCESS IS NOT A PROVIDER OF ANY COUNSELING SERVICES, AND COUNSELORS ARE SOLELY RESPONSIBLE FOR ALL COUNSELING PROVIDED TO STUDENTS THROUGH, OR FACILITATED BY, THE PLATFORM, INCLUDING THEIR INTERACTIONS AND RELATIONSHIPS WITH STUDENTS.

IF YOU ARE A COUNSELOR, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE COUNSELING YOU PROVIDE THROUGH OR IN CONNECTION WITH THE PLATFORM AT ALL TIMES MEETS APPLICABLE STANDARDS OF CARE AND THAT YOU WILL EXERCISE YOUR BEST PROFESSIONAL JUDGMENT IN PROVIDING ANY SUCH COUNSELING.

IF YOU ARE A STUDENT, FOLLOWING ANY RECOMMENDATIONS, SUGGESTIONS, FEEDBACK, GUIDANCE, ADVICE, OR OTHER INFORMATION PROVIDED BY A COUNSELOR THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK AND DISCRETION. STUDENTS ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY RELIANCE PLACED ON SUCH INFORMATION AND FOR EXERCISING THEIR BEST JUDGMENT IN DETERMINING WHETHER ANY SUCH INFORMATION IS PROPER, ADVISABLE, NECESSARY, USEFUL, BENEFICIAL, OR OTHERWISE APPROPRIATE.

1.2 Agreements with Counselors

Any terms and conditions of any agreement with a Counselor relating to the counseling services, including the fees to be paid by Students and the nature of the counseling to be provided, are solely between the Counselor and the Student. Counselors may require that a Student agree to terms and conditions of a separate agreement (including those relating to the Counselor’s refund and cancellation policy) before providing services, and any such separate terms and conditions must be mutually agreed upon.

You acknowledge and agree that:
(i) CollegeAccess is not a party to any such agreement between Counselors and Students, and
(ii) any dispute between a Student and a Counselor is solely between them.

2. Privacy Policy

Please refer to the CollegeAccess Privacy Policy at https://www.collegeaccess.io/privacypolicy for information on how CollegeAccess collects, uses, and discloses information about you.

3. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the Service;
(c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations;
(d) you have the full right, power, and authority to enter into these Terms, to grant the rights and licenses set forth herein, and to perform your obligations under these Terms; and
(e) your use of the Service, your agreement to these Terms, and your performance of your obligations under these Terms does not, and will not, conflict with, result in a breach of, or otherwise be inconsistent with any agreement with a third party that you are bound by.

If you are not at least 18 years old, you represent and warrant that you have your parent’s or guardian’s permission to use the Service and to agree to these Terms. If you are a parent or legal guardian of a user under the age of 18, by allowing such underage user to use the Service, you are subject to the terms and conditions of these Terms and are solely responsible for their activity on the Service

4. Accounts and Registration

4.1 General

To access most features of the CollegeAccess platform, you must register for an account. When registering, you may be asked to provide certain personal information, such as your name, email address, and other contact details. You agree that all information you provide is accurate, complete, and not misleading, and you commit to keeping it current at all times. You will also be asked to create a password. You are solely responsible for maintaining the confidentiality of your account credentials and accept full responsibility for all activities conducted under your account. If you believe your account has been compromised or is no longer secure, you must promptly notify us at support@collegeaccess.io.

4.2 Registration as a Counselor

If you are a Counselor, you acknowledge and agree that CollegeAccess reserves the right to evaluate your application to join the platform. This evaluation may include a review of the information and materials submitted during registration, as well as any other publicly available information about you. You authorize CollegeAccess to use such information for the purpose of assessing your eligibility, in accordance with our Privacy Policy. Approval or rejection of your application is at CollegeAccess’s sole discretion, and you will be notified of the outcome via the contact information provided.

If you are a Counselor and were introduced to, connected with, or met a Student through CollegeAccess, you are required to conduct all counseling sessions and collect associated payments exclusively through the platform. This obligation continues unless at least 12 months have passed since the last session with the Student and the Student did not reconnect with you via the platform.

Any attempt by a Counselor or Student to bypass CollegeAccess by arranging sessions or payments outside the platform may result in suspension or permanent removal from the platform. In such cases, CollegeAccess reserves the right to assess and collect fair compensation from the Counselor for the violation.

The Site offers a marketplace for those seeking Counseling services to connect with those seeking to provide Counseling services. As independent businesses engaged by Students, Counselors decide, are responsible for, and generally control the methods, materials, scheduling, frequency, duration and all other aspects of the Counseling they provide.

Students are responsible for selecting the right Counselor for their needs. In making hiring decisions, Students should review and investigate each Counselor’s self-reported credentials, education, and experience, as well as reviews from other students.

CollegeAccess controls and operates the Site from various locations in the and makes no representation that this website is accessible in all locations. CollegeAccess services may not be available in your location, and available services may vary among locations. In addition, CollegeAccess will attempt to deliver all correspondence sent via the Site’s messaging system. CollegeAccess does not, however, guarantee delivery of all messages.

To use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a computer and modem or other access device. If you are under eighteen (18) years of age, you may use the Site only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Site, with which you must comply.

If you utilize the CollegeAccess Site to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact CollegeAccess to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).

The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents for CollegeAccess to collect information from students under 13 before allowing such students to access our Service. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as CollegeAccess and that they provide a copy of our Privacy Policy to parents.

5. Academic Integrity and Responsible Use

CollegeAccess’s services are provided for the purpose of facilitating learning, and not to encourage or facilitate cheating or any other form of academic dishonesty. You shall not use the Site to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or helping to take) quizzes or examinations on someone’s behalf), or to take any action that would violate the academic or conduct policies of a school, university, academic institution or workplace.

5.1 Your obligations and conduct

All Users must:
(a) be of legal age and have capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving Counseling services;
(b) provide accurate, current, and complete information about themselves as required during Site registration (“Registration Data”);
(c) maintain the security of any password and identification information used to access the Site;
(d) maintain and promptly update the Registration Data and any information you provide to CollegeAccess, keep it accurate, current and complete; and
(f) accept all risks of unauthorized access to information and Registration Data.

You will have a password upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify CollegeAccess of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. CollegeAccess cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.

Users must use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that CollegeAccess, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Specifically, but without limitation, Users may not:

  • Defame, abuse, harass in any form, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

  • Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

  • Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;

  • Create an account or accounts on the Site for fraudulent purposes, or for the purpose of misusing the Site, including without limitation misappropriating the Site or any information on the Site for your own commercial or pecuniary gain;

  • Upload files that contain software or other content that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

  • Take any action that would undermine any aspect of the Site;

  • Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;

  • Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;

  • Impersonate another person or allow any other person or entity to impersonate you or use your credentials to access the Site;

  • Post the same content repeatedly or spam - spamming is strictly prohibited;

  • Download, copy or transmit any file posted by another User that you know, or reasonably should know, cannot be legally published through the Site;

  • Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);

  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or

  • Restrict or inhibit any other User from using and enjoying the Site.

CollegeAccess reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to CollegeAccess in its sole discretion. Alleged improprieties by any User may be reported to CollegeAccess by email at support@CollegeAccess.io.

6. Third Party terms

CollegeAccess may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, identification verifications, etc. (“consumer reports”). CollegeAccess does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. CollegeAccess does not independently verify information in the consumer reports.

CollegeAccess may collect, use and disclose the information in the consumer reports. CollegeAccess may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a Counseling or to investigate a complaint about a Counseling, but CollegeAccess shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any Counseling, is not accurate, timely or complete. Counselors who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. CollegeAccess reserves the right to suspend and/or terminate a Counselor based on information in the consumer reports or for any other reason in CollegeAccess’s sole discretion.
CollegeAccess may make available one or more third party verification services that enable Users of the Site to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that CollegeAccess shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
See http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details.

6.1 Third-Party Services and Linked Websites.

CollegeAccess may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize CollegeAccess to transfer that information to the applicable third-party service. Third-party services are not under CollegeAccess control, and, to the fullest extent permitted by law, CollegeAccess is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under CollegeAccess’s control, and CollegeAccess is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, CollegeAccess will have no control over the information that has been shared.

6.2. Third-Party Software.

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

7. General Payment Terms

Users must abide by CollegeAccess’s Counseling and student payment policies. Users must pay all costs associated with the services through CollegeAccess. These costs include but are not limited to: (a) a Counseling’s hourly rate as listed; (b) cancellation fees as described in a Counseling’s cancellation policy, which can be found on a Counseling’s profile on the Site; (c) a service fee as listed and (d) the Platform Fee arranged between the Counseling and CollegeAccess.

Certain features of the CollegeAccess platform may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. CollegeAccess or its third-party payment processor will bill installment payments for any applicable subscription fees and, if you are a Student, the Counselor Fee (as defined below) to the payment method associated with your account or that you otherwise provi

7.1 Price

Other than the Counselor Fee, CollegeAccess reserves the right to determine pricing for use of the platform. We will make reasonable efforts to keep pricing information (excluding Counselor Fees) updated and available. CollegeAccess may change the fees for any feature of the platform, including imposing additional charges, with advance notice before such changes apply. Promotional offers may be available to other users but will not apply to your account unless explicitly stated.

7.2 Counselor Fees

Counselors receive payments minus a 20% service fee from the gross amount and additionally deduct any applicable payment processing fees incurred during the transaction. CollegeAccess is not responsible for any third-party payment processing issues.
The fees charged by a Counselor for counseling services (“Counselor Fee”) are determined solely at the Counselor’s discretion and are payable in U.S. Dollars.

7.3 CollegeAccess Fee

CollegeAccess is entitled to a percentage of the Counselor Fee paid by a Student to a Counselor (“CollegeAccess Fee”). This amount will be communicated to the Counselor prior to being deducted from the Student’s payment, with the remaining balance transferred to the Counselor. The CollegeAccess Fee is non-refundable.

7.4 Refunds

Refunds are governed by our Refund Policy at www.collegeaccess.io/refundpolicy. Please review our policy carefully for details on how refunds are handled for platform services or Counselor Fees. We reserve the right to update our Refund Policy in accordance with the procedures for modifying these Terms.

7.5 Authorization

Each Student authorizes CollegeAccess to charge all sums for purchases, including applicable taxes, to the payment method on file. We may pre-authorize credit card accounts to verify validity and available funds.

8. Licenses

8.1 Limited License.

Subject to your complete and ongoing compliance with these Terms, CollegeAccess grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

8.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
8.3 Feedback.

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CollegeAccess an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

9. Confidentiality of CollegeAccess information

You may obtain direct access via the Site to certain confidential information of CollegeAccess and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All rights, title and interest in the Confidential Information remains with CollegeAccess and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from CollegeAccess, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to CollegeAccess adequate to afford CollegeAccess the opportunity to object to the disclosure.

10. User Content

10.1 User Content Generally

Certain features of the CollegeAccess platform may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the platform, including messages, reviews, photos, videos or audio recordings (including sound recordings and musical works embodied in the video or audio), images, folders, data, text, and other works of authorship or materials (“User Content”).
You retain any copyright and other proprietary rights you may hold in the User Content that you Post to the platform, subject to the licenses granted in these Terms.

10.2 Limited License Grant to CollegeAccess

By Posting User Content to or via the CollegeAccess platform, you grant CollegeAccess a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, whether now known or hereafter developed.

You agree to pay all amounts owing to any person or entity resulting from your Posting of User Content and from CollegeAccess’s exercise of the license set forth in this Section.

10.3 Collaborative Content

If you are a Counselor, to the extent that any User Content qualifies or is otherwise recognized as a work of joint authorship under the U.S. Copyright Act of 1976 (or international equivalents) (“Collaborative Content”):
(1) You and CollegeAccess (each, as a “Collaborator”) will have no duty to account to one another for any profits, royalties, revenue, proceeds, or other forms of consideration earned or otherwise obtained by a Collaborator from the use or exploitation of such Collaborative Content; and
(2) Each Collaborator waives the right to require attribution for any such Collaborative Content.
Upon written request, CollegeAccess will remove any attributions to you or references identifying you as a co-author of such Collaborative Content.

10.4 Rights and Responsibilities Related to User Content

You must not Post User Content unless you are the owner of all elements of that content or have full authorization to grant the rights described in these Terms. CollegeAccess disclaims all liability related to User Content.
You are solely responsible for your User Content and its consequences. By Posting User Content, you affirm, represent, and warrant that:
You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize CollegeAccess and users of the platform to use and distribute your User Content as contemplated by these Terms;

Your User Content, and its Posting or use, does not and will not:

(i) infringe, violate, misappropriate, or otherwise breach any third-party right, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or other proprietary rights;
(ii) slander, defame, libel, or invade the privacy, publicity, or property rights of any person; or
(iii) cause CollegeAccess to violate any law or regulation or require CollegeAccess to obtain further licenses, royalties, fees, or compensation to third parties; and

Your User Content could not reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

10.5 User Content Disclaimer

CollegeAccess has no obligation to monitor, edit, or control User Content and is not responsible for any User Content. However, CollegeAccess reserves the right, at its sole discretion and without notice, to screen, remove, edit, or block any User Content that it determines violates these Terms, infringes third-party rights, or is otherwise objectionable.
You acknowledge that you may be exposed to User Content from a variety of sources that may be inaccurate, offensive, indecent, or objectionable, and you waive any legal or equitable right you may have against CollegeAccess with respect to such content.
If notified about alleged violations, CollegeAccess may investigate and take appropriate action in its sole discretion.

CollegeAccess does not permit infringing activities on the platform.

10.6 Monitoring Content

CollegeAccess does not actively monitor User Content, third-party content, or overall platform usage, but reserves the right to do so at any time.

Should CollegeAccess choose to monitor any content, it does not assume responsibility or liability for any User Content or loss resulting from its use. During any monitoring activities, content may be examined, recorded, copied, and used in accordance with our Privacy Policy.
CollegeAccess may block, filter, mute, remove, or disable access to any User Content at any time without liability.

10.7 Video Transcription

The CollegeAccess platform may be integrated with third-party services that provide video transcription features for counseling sessions (“Transcriptions”).

By participating in sessions on the platform, you explicitly consent to the transcription of sessions and agree that such transcriptions are included within the definition of User Content and are subject to the licensing rights granted in Section 8.2.

10.8 AI Training & Development

You acknowledge and agree that CollegeAccess may use, reproduce, and analyze your User Content and Collaborative Content to train, refine, and develop artificial intelligence (“AI Technologies”), including machine learning models, natural language processing algorithms, and data analytics.

  • Session Summaries: CollegeAccess may use AI Technologies to analyze Transcriptions and generate session summaries.
  • Anonymization and Aggregation: CollegeAccess may anonymize and aggregate User Content and Collaborative Content for AI training purposes. Once anonymized, the content will not be personally identifiable.
  • Retention: CollegeAccess may retain anonymized copies of User Content and Collaborative Content for ongoing AI training and research, even if removed or deleted from the platform.
  • No Compensation: You agree that you are not entitled to any compensation for CollegeAccess’s use of your User Content and Collaborative Content in developing or commercializing AI Technologies.
  • Intellectual Property: Any AI Technologies, insights, or developments arising from the use of your User Content and Collaborative Content will be the exclusive property of CollegeAccess. You waive any rights or claims to such developments.
  • Transparency and Ethics: CollegeAccess commits to developing AI Technologies responsibly and ethically, ensuring compliance with applicable laws and prohibiting use that promotes discrimination or harm.
  • Feedback: If you interact with AI Technologies developed using your content, you grant CollegeAccess the right to collect and use your feedback to improve those technologies.

11. Advertisements and promotions

CollegeAccess may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CollegeAccess, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CollegeAccess is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CollegeAccess advertisers on the Site.

12. Communications

By using CollegeAccess, you agree that we may contact you by phone or email with information related to your account, platform updates, or promotional content. These communications may include operational notices or marketing messages and may be sent using automated systems. Standard carrier rates may apply for calls.
You can opt out of receiving marketing emails or promotional phone calls at any time by contacting us at support@collegeaccess.io. Please note that opting out of all communications may affect your ability to use certain features of the platform.

13. Content provided via links

You may find links to other websites or resources on the Site. You acknowledge and agree that CollegeAccess is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. CollegeAccess will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. Intellectual property rights

CollegeAccess grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by CollegeAccess, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. CollegeAccess reserves all of its staCounselingy and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from CollegeAccess. You may like or follow CollegeAccess or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.

Except as expressly authorized by CollegeAccess or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software CollegeAccess discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

“CollegeAccess Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations CollegeAccess uses in connection with its products and services. You may not remove or alter any CollegeAccess Trademarks, or co-brand your own products or material with CollegeAccess Trademarks, without CollegeAccess’s prior written consent. You acknowledge CollegeAccess’s rights in CollegeAccess Trademarks and agree that any use of CollegeAccess Trademarks by you shall insure to CollegeAccess’s sole benefit. You agree not to incorporate any CollegeAccess Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by CollegeAccess on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

15. Copyright Infringement

CollegeAccess respects the intellectual property of others, and we ask our Users to do the same. Accordingly, Users may not post, modify, distribute, or reproduce in any way any Content on the Site that is copyrighted material you do not own or have permission to use, without obtaining prior written consent of the copyright owner. CollegeAccess reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Site infringes your copyright, you (or your agent) may send CollegeAccess a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CollegeAccess to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current staCounselingy requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. CollegeAccess’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: support@CollegeAccess.io
By mail: CollegeAccess, LLC
Attention: Copyright Agent

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying CollegeAccess that your copyrighted material has been infringed. The preceding requirements are intended to comply with CollegeAccess's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, CollegeAccess has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. CollegeAccess may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. Termination and suspension

CollegeAccess reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that CollegeAccess shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.

You agree that CollegeAccess, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if CollegeAccess believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that CollegeAccess may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that CollegeAccess shall not be liable to you or any third party for any termination of your access to the Service.

17. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. CollegeAccess DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. COLLEGEACCESS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
COLLEGEACCESS MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM CounselingS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE SERVICES ARE APPROPRIATE FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

18. Limitation of liability

THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING CounselingING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE CounselingING SERVICES.

YOU UNDERSTAND AND AGREE THAT CollegeAccess HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT CollegeAccess MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT

COLLEGEACCESS IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, COLLEGEACCESS EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES COLLEGEACCESS FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. COLLEGEACCESS WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. COLLEGEACCESS IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, COLLEGEACCESS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF COLLEGEACCESS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLLEGEACCESS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO COLLEGEACCESS OR A COLLEGEACCESS PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND COLLEGEACCESS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND COLLEGEACCESS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 18.

19. Assumption of risk

Users assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. Users shall take all necessary precautions, including without limitation following the recommendations set forth in CollegeAccess’s Counseling and Student Safety Tips, when interacting with other Users.

20. Indemnification

Users shall indemnify, defend, and hold harmless CollegeAccess and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by CollegeAccess in any way related to your (a) acts and/or omissions on or off the Site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Site. Users must cooperate as requested by CollegeAccess in the defense of such claims. CollegeAccess reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of CollegeAccess without the written consent of CollegeAccess.

21. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CollegeAccess. For any dispute with CollegeAccess, you agree to first contact us at support@CollegeAccess.io and attempt to resolve the dispute with us informally. In the unlikely event that CollegeAccess has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California, unless you and CollegeAccess agree otherwise. If you are a School or are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing CollegeAccess from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CollegeAccess ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. Injunction

Notwithstanding the Arbitration terms set forth herein, Users agree that any material breach of the Terms will result in irreparable harm to CollegeAccess for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CollegeAccess reserves the right to seek equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CollegeAccess seeks such an injunction.

23. Notices, modification and termination of services; amendment of terms

CollegeAccess may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. CollegeAccess reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. CollegeAccess may also delete, or bar access to or use of, all related information and files. CollegeAccess will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. CollegeAccess may amend these Terms at any time by posting the amended terms on this Site. Your continued use of the Site following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Site.
Notwithstanding the foregoing, CollegeAccess shall not make any material change to the Terms that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.

24. Governing law, waivers

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of California. You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Mateo County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CollegeAccess ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

25. Entire agreement

These Terms constitute the entire agreement between you and CollegeAccess relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use the CollegeAccess Site or third-party products or services.