The Student Navigator, LLC: Terms and Conditions

 

INTRODUCTION

PLEASE READ CAREFULLY. The Student Navigator, LLC Terms of Service (“Terms & Conditions”) is a legal agreement between you and The Student Navigator, LLC (“we,” “us,” or “our”) that governs your membership and interaction on www.thestudentnavigator.com and other The Student Navigator, LLC services (collectively, the “Site”) and your purchases and use of products/services made available through the Site.

The Site includes a variety of services and features, including, but not limited to, scholarships, internships, fellowships, other programs, newsletters, blog, editing of writing materials, resources, mentorships, and other advice all available on various mediums or devices now known or hereafter developed  (collectively, the, “Services”).  The Services and the Site are provided to you (also referred to as “‘your” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”) as well as any other written agreement between us.  In addition, when using particular Services or materials, Users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those contained in this Terms of Service.  All such guidelines or rules are hereby incorporated by reference into this Terms of Service.  If you are a Subscriber (as defined below) to one or more of the Services, you may additionally be required to execute a separate written contract, which incorporates this Terms of Service by reference.

TO VISIT OR USE ANY SITE OR THE STUDENT NAVIGATOR SERVICE, YOU MUST BE 13 YEARS OF AGE OR OLDER AND, IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST BE UNDER THE DIRECT SUPERVISION OF A PARENT, LEGAL GUARDIAN OR OTHER RESPONSIBLE ADULT.  BY CLICKING THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE.  IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.

We reserve the right to amend this terms of service at any time without specific notice to you.  The latest Terms of Service will be posted on the Site, and you should review the Terms of Service prior to using the Site or services. YOUR CONTINUED USE OF ANY PART OF THE SITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. By using the Site, you signify that you have read, understand and agree to be bound by all of these Terms of Service.

 

 

AGREEMENT & DISCLAIMER

This agreement is between The Student Navigator, LLC (“The Student Navigator”) and its clients. Unless the context requires otherwise, The Student Navigator and/or its assigns shall be referred to as “us, we, or our” and you shall be referred to as “you or your.”

You understand that success/graduating debt-free is not guaranteed but based on your own individual efforts and the discretion of the admissions personnel who select the individual(s) who will receive the funding/participate in their program. You are responsible for all your thoughts, feelings and actions. You will ask questions and clarify anything you do not understand. You are committed to doing everything you need to do to get 100% from your coaching relationship.

You acknowledge that you will write all your essays and that you are responsible for all aspects of the essays, resumes, and/or other documents. The Student Navigator does NOT write, draft, compose, or complete essays, and it does not “put notes together.”

You will not hold The Student Navigator, its member(s), contractors, and representatives liable for any denied admissions/selection to any program/funding.

We have made NO representations about what our service will do for your chances of admission/selection to any program/funding.

The Student Navigator disclaims any and all implied or express warranties, including but not limited to, the essays’, resumes’, or other services’ for any program/funding.

You agree not to distribute the program materials, including giving access to client area(s)
of this website to anyone else.

You understand that the member(s), contractors, and representatives of The Student Navigator are not licensed legal advisors, financial advisors or financial planners, but are experienced individuals who desire to help you succeed.

You understand that any third-party (including but not limited to organizations, resources, individuals, media, etc.) shared by The Student Navigator are not endorsements and are shared with you with your best interest in mind. You will not hold The Student Navigator, its member(s), contractors, and representatives liable for any consequences related to your interaction with a third-party(s).

The Student Navigator is providing this website and its contents on an “AS IS” basis and makes no representation or warranty of any kind, express or implied, with respect to this site or its contents. The Student Navigator disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, The Student Navigator does not represent or warrant that the information accessible via this site is accurate, complete, or current.

Neither The Student Navigator nor any of its member(s), contractors, or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, and claims of third parties.

The services described herein are provided “AS IS” without any warranty of any kind, either express or implied. In no event will The Student Navigator, LLC, its member(s), contractors, and representatives be held liable for any damages of any kind, including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, and claims of third parties arising from any clients’ rejection from any program/funding of any kind.

USE OF SERVICES

Service Providers may require you to agree to additional terms and conditions in connection with the products/services you purchase from them. Please read all additional terms and conditions carefully. You agree to abide by all additional terms and restrictions. You agree that any violation of any such terms and/or restrictions may result in cancellation of your program, forfeiture of costs and expenses.

If applicable, you may install and personally use any software associated with the Services (“Software”) only in object form on a personal or business device controlled by you for your own non-commercial use or benefit.  You must not, and must not allow any third party, to modify, adapt, translate, alter, reverse engineer, copy, decompile, reverse assemble, disassemble, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software or any portion thereof, or otherwise attempt to discover any source code or in any way ascertain, decipher, or obtain the communications protocol for accessing the Software.

Certain of the Services may only be accessed by Users that have paid a service fee or signed a separate contract with The Student Navigator, LLC, which may incorporate this Terms of Service by reference (“Subscribers”).  Subscribers fall into one or more of the groups below:

  • Individuals or entities which have licensed one or more of the Services.

ACCESS TO SERVICES

To access certain Services or some of the resources we offer, you may be asked to provide certain registration details or other information (“Registration Data”).  It is a condition of your use of the Services that all the information you provide will be correct, current, and complete.  If The Student Navigator, LLC believes the information you provide is false, incorrect, inaccurate or incomplete, The Student Navigator, LLC has the right to refuse your access to the Services or any of its resources, and to terminate or suspend your access at any time.  All personally identifiable information you provide to us is protected under and subject to our Privacy Policy.

When you become a User, you may be asked to install certain of the Services using various social networks, including, but not limited to, Facebook, Instagram, and LinkedIn. You are entirely responsible for maintaining the confidentiality of any account or password associated with Facebook, Instagram, LinkedIn, or any other social network.

 

PAYMENT TERMS, REFUND POLICY, AND CANCELLATION POLICY

You agree that you will pay for all products/services you purchase through the Services, and that The Student Navigator, LLC may charge your payment method for any products/services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE STUDENT NAVIGATOR, LLC WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For any of -The Student Navigator, LLC Service you subscribe to, or pay for, on any of the Sites, you agree to pay the price applicable for the particular The Student Navigator, LLC Service (including any sales taxes, surcharges and any other fees) indicated as of the time you submitted the order.  Unless you and The Student Navigator, LLC have agreed to an alternate billing arrangement in writing signed by The Student Navigator, LLC, The Student Navigator, LLC will automatically bill your payment method submitted as part of the order process for such price.  All sales are final.  Unless stated otherwise, when you sign up for one of our subscription services, your subscription will automatically renew upon its expiration unless you cancel your account or change the renewal settings prior to its expiration. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on our net income), on orders placed outside the United States.

You understand and agree to our payment policy, which is as follows:

  • Payments can be accepted online or over the phone with The Student Navigator representative.
  • All payments conducted over the phone will require a verbal acceptance to our Terms and Conditions and Privacy Policy and those conducted online will require clicking the checkbox to agree to the Terms and Conditions and Privacy Policy.
  • For payments done in full at the time of purchase, discounts / promo codes (if offered at the time of purchase) will be applied to the full total at the time of purchase.
  • For monthly payments/subscriptions, discounts / promo codes (if offered at the time of purchase) will be applied to the first month’s payment only that was completed at the time of purchase.
  • To secure your service(s), full payment must be applied at the time of purchase. If the monthly payment option is chosen, then the first month’s payment must be paid in full at the time of purchase. The remaining month’s payments will be automatically withdrawn each month from the account linked with the payment method used for the first month’s payment.
  • If a different card wants to be applied for a later month’s payment, the cardholder must contact The Student Navigator at least (5) business days prior to the next monthly payment’s automatic withdrawal date.
  • Some services may have an expiration date. Any unused sessions will become void after the expiration date.
  • While a service may be labeled to last for a specific time period, the User has the ability to speed the process by scheduling sessions more frequently.
  • If a service was paid in full at the time of purchase, sessions can be scheduled at any time/frequency before the service’s expiration date.
  • If the monthly payment option was chosen for a service, each month will have an expiration date. The total available sessions for the service will be divided into each month based on the advertised timeline of the service. Sessions can be scheduled at any time/frequency within the monthly period before the month’s expiration date, and cannot be rolled over into the following month. Any unused sessions during a monthly period will become void after that month’s expiration date. Sessions scheduled for the following month cannot be completed until after that following month’s payment has been successfully received.

You understand and agree to our refund policy, which is as follows:

  • All sales are final.
  • No refunds are issued for work already performed.
  • If technical problems (on our end only) prevent or unreasonably delay your session(s), then the User may reschedule without penalty, or receive a refund (refunds are determined by the discretion of The Student Navigator, LLC on a case-by case basis)
  • If User is unable to attend session(s) due to an emergency (as defined by the discretion of The Student Navigator, LLC), then the user may reschedule without penalty or receive a refund if the following steps are completed:
    1. User must contact the Student Navigator via email at info@thestudentnavigator.com with a full explanation of the situation that occurred
    2. User must submit documentation with signature of a third party professional validating the emergency situation. For example, if a medical emergency occurred, documentation indicating your visit to the physician plus your physician’s signature would be required.

You understand and agree to our cancellation policy, which is as follows:

  • Canceling and rescheduling within 24 hours prior to your session is not encouraged, and may result in a lack of available times before your service’s expiration date. You will not hold The Student Navigator, its member(s), contractors, representatives, etc. liable for any unavailable times. It is recommended to contact The Student Navigator (both phone and email) at least (3) business days prior to your originally scheduled session to cancel, reschedule, and provide at least (2) ideal alternative days and times to reschedule.
  • Session will be defined as a “no-show” 15 minutes after the scheduled session’s starting time
  • If technical problems (on our end only) prevent or unreasonably delay your session(s), then the User may reschedule without penalty, or receive a refund (refunds are determined by the discretion of The Student Navigator, LLC on a case-by case basis)
  • If User is unable to attend session(s) due to an emergency (as defined by the discretion of The Student Navigator, LLC), then the user may reschedule without penalty or receive a refund if the following steps are completed:
    1. User must contact the Student Navigator via email at info@thestudentnavigator.com with a full explanation of the situation that occurred
    2. User must submit documentation with signature of a third party professional validating the emergency situation. For example, if a medical emergency occurred, documentation indicating your visit to the physician plus your physician’s signature would be required.

THIRD PARTY OR USER-SUBMITTED CONTENT AND LINKS

Content available through the Site or the Services may represent the opinions and judgments of an information provider, User, or other person or entity not associated with The Student Navigator, LLC.  We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized The Student Navigator, LLC spokesperson speaking in his/her official capacity.

In addition, the materials on this Site may include sample or form agreements, letters or other documents (“Forms“).  These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, human resources, careers, or other professional advice.  Under no circumstances will The Student Navigator, LLC be liable for any loss or damages caused by your reliance on information or advice obtained through the Site or the Services, including your use of any of the Forms.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other Content available on or through the Site or the Services.

Users are solely responsible for any and all content and communications that they post or transmit to the Site or through use of the Services, or to any User of the Sites or Services, as well as for the consequences of such postings and transmissions.  You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk.  We assume no responsibility for any User-submitted content or communications and no responsibility for the activities, omissions or other conduct of Users.  We act as a portal for the online distribution and publication of User-submitted information and we have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring any User-submitted content or communications.

The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, “Third Party Content”).  You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content.  Any concerns regarding such Third Party Content should be directed to the third party.  Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services.  Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party’s qualifications, services, products, offerings, information or any other content.  The Third Party Content in some cases may only be used for the period for which you have purchased a subscription.

This website contains links and references to products and services that may include affiliates, sponsorships, or other business relationships in which The Student Navigator, LLC may receive compensation from referrals or sales actions.

USE OF COMMUNICATION SERVICES

The Site or Services may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, or other message or communication facilities (collectively, “Communications Services”).  You agree to use the Communication Services only to post, send and receive messages and Content (as defined below) that are proper and related to the particular Communication Service.  Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any material that:

(a)       You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by Intellectual Property Rights (or by rights of privacy or publicity);

(b)      Advocates illegal activity or discusses an intent to commit an illegal act;

(c)       Is vulgar, obscene, pornographic, or indecent;

(d)      Does not pertain directly to the Site or Services;

(e)      Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(f)        Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(g)       Harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(h)      Violates any law or may be considered to violate any law;

(i)        Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(j)        Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

(k)       Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site or via a separate executed contract with The Student Navigator, LLC;

(l)        Solicits funds, advertisers or sponsors;

(m)     Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(n)      Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site or Services;

(o)      Amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

(p)      Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or

(q)      Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

The Student Navigator, LLC reserves the right but not the obligation, to monitor use of the Site and Services to determine compliance with this Terms of Service, as well as the right to remove or refuse any information for any reason.  The Student Navigator, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.   The Student Navigator, LLC also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.  Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither The Student Navigator, LLC nor any third party that provides Content to The Student Navigator, LLC will assume or have any liability for any action or inaction by The Student Navigator, LLC or such third party with respect to any submission.  The Student Navigator, LLC cautions you against giving out any personally identifying information about yourself in any Communication Service. The Student Navigator, LLC does not control or endorse the content, messages or information found in any Communication Service and, consequently, The Student Navigator, LLC specifically disclaims any liability with respect to the Communication Service and any actions resulting from your participation in any Communication Service.

SUBMISSIONS

You hereby grant to The Student Navigator, LLC to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to The Student Navigator, LLC through the Site or Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  The Student Navigator, LLC will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The Student Navigator, LLC operations.

PROHIBITED ACTIVITIES

You may not access or use the Site or the Services for any other purpose other than that for which The Student Navigator, LLC makes it available. Certain activities, even if legal, may violate the common rules of etiquette as determined by The Student Navigator, LLC in its sole discretion.  Prohibited activities include, but are not limited to:

(a)       Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

(b)      Advertising to, or solicitation of, any user to buy or sell any products or services;

(c)       Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation.  If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Site or while using the Services, you acknowledge that you will have caused substantial harm to The Student Navigator, LLC, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay The Student Navigator, LLC $50.00 for each such unsolicited communication.

(d)      Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(e)      Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;

(f)        Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the Site and the Services;

(g)       Attempting to impersonate another user or person;

(h)      Using the username of another User;

(i)        Selling or otherwise transferring your profile;

(j)        Using any information obtained from the website in order to harass, abuse, or harm another person;

(k)       Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

(l)        Using the website in a manner inconsistent with any and all applicable laws and regulations; and

(m)     Data scraping and data mining activities.  If you data scrape or data mine the Site, you agree to pay US$50,000.00 for each incident.

INTERNATIONAL USE

Although the Site or the Services may be accessible worldwide, we make no representation that materials on the Site or available through use of the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Site or Services from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, or information made in connection with the Site or Services is void where prohibited.

MISCELLANEOUS

(a)       The Terms of Service and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and The Student Navigator, LLC with respect to the Site or Services.

(b)      A printed version of this Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(c)       Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain.

(d)      No waiver of any provision of the Terms of Service by The Student Navigator, LLC shall be effective unless in writing signed by an authorized representative of The Student Navigator, LLC.  The waiver by The Student Navigator, LLC of a breach or violation of any provision of this Terms of Service shall not constitute a waiver by The Student Navigator, LLC of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of The Student Navigator, LLC to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by The Student Navigator, LLC.  Any provisions of this Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Terms of Service.

(e)      Third parties (including affiliates, business partners and Licensors) are intended third-party beneficiaries of the section titled “Limitation of Liability”.

(f)        In any action to enforce this Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.  Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

(g)       You may not assign your rights and obligations under this Terms of Service to any third party, and any purported attempt to do so shall be null and void.  We may freely assign our rights and obligations under this Terms of Service.

(h)      You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site or Services.

(i)        In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through the Site or otherwise, and arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

SITE SECURITY AND INTEGRITY 

You are prohibited from using any The Student Navigator, LLC Service or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, The Student Navigator, LLC reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.  The Student Navigator, LLC reserves the right to investigate suspected violations of this Terms of Service.  The Student Navigator, LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction The Student Navigator, LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Terms of Service.  BY ACCEPTING THIS TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS THE STUDENT NAVIGATOR, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE STUDENT NAVIGATOR, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE STUDENT NAVIGATOR, LLC OR LAW ENFORCEMENT AUTHORITIES.  Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site, the Services, or the Content (as defined below) in any way, including, without limitation: (a) Accessing Content, data, features or functionality on the Site or through use of the Services for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access; (b) Deleting or revising any Content (including, but not limited to, legal notices) posted by us, or any other person or entity not related to you; (c) Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content; and (d) Using the Content on any other web site or in a networked computer environment for any purpose.

PROPRIETARY INFORMATION

The Site and Services, along with the material and content accessible from the Site and Services (collectively, the “Content”), contain proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws.  “Intellectual Property Rights” means all worldwide statutory and common law rights in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trademarks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing.  All Content is the property of The Student Navigator, LLC, or its content providers, service providers, suppliers, or licensors (collectively, “Licensors”).  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of The Student Navigator, LLC. In doing so, you may not remove or alter, or cause to be removed or altered, any intellectual property, or any other proprietary notice or legend appearing in, or on, any of the Content.  Modification or use of the Content except as expressly provided in this Terms of Service violates The Student Navigator, LLC’s and its Licensor’s Intellectual Property Rights.  Neither title, ownership or Intellectual Property Rights to the Site and The Student Navigator, LLC Service are transferred to you by access to the Site and use of the Services.  The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of The Student Navigator, LLC.

Misappropriation or unauthorized use by others of the Content for commercial gain would unfairly and/or irreparably harm The Student Navigator, LLC, its affiliates and its Licensors or reduce The Student Navigator, LLC’s, its affiliates’ and its Licensors’ incentive to create, develop and maintain such information.  You will not commit or knowingly assist any act or omission that would contest or impair any of The Student Navigator, LLC, its affiliate or is Licensors’ Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party.  You agree to notify The Student Navigator, LLC and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights.  You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.

You must retain all copyright, trademark, service mark and other proprietary notices contained in the Content on any copy you make of such material.

TERMINATION

We reserve the right, in our sole discretion, to deny access to the Site or Services by any User or to modify, suspend or terminate any User’s access to or use of the Site or Services at any time, for any reason or for no reason, without notice.  We may also, in our sole discretion and at any time, discontinue providing any of the Site or Services, or any part thereof, with or without notice.

You agree that any termination of your access to any of the Site or Services under any provision of this Terms of Service may be effected without prior notice, and you agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site or the Services.  You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services.

All fees and other amounts paid to us by any User for access to or use of the Site or Services, are non-refundable, except as otherwise expressly provided herein or in any other written agreement between The Student Navigator, LLC and such User.

We reserve the right to expel Users and prevent their further access to the Site or Services for violating this Terms of Service, suspected fraudulent activity or the law, and we may take any action with respect to User-submitted information and violations of system or network security that we deem necessary or appropriate in our sole discretion, including, but not limited to, suspension, termination of the account or pursuing any legal remedies, including civil and criminal penalties.  We may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Upon termination, you must (a) cease any access to the Site or use of The Student Navigator, LLC Service or its components, and any third-party data; (b) if applicable, remove the Software from all hard drives, networks and/or other storage media; and (c) if applicable, destroy all copies of the Software in your possession or under your control.  All rights in any third-party data, any third-party software, and/or any third-party data servers are reserved and remain with the respective third parties.  These third parties may enforce their rights against you directly.

ADDITIONAL DISCLAIMER OF WARRANTIES 

All Users expressly understand and agree that:

(a)       YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.  THE SITE, SERVICES AND ALL CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE STUDENT NAVIGATOR, LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU ACKNOWLEDGE THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT THE STUDENT NAVIGATOR, LLC AND ITS LICENSORS, IN FURNISHING THE CONTENT TO YOU, DO NOT UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER.

(b)      THE STUDENT NAVIGATOR, LLC AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SITE OR  SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR SERVICES (OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR SERVICES) OR SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE OR COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (V) ANY CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF USERS OR BY ANY PARTICULAR USER; OR (VI)THE SITE, SERVICES OR CONTENT, IS CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

(c)       ANY SOFTWARE OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR MATERIAL.

(d)      CERTAIN SERVICES ACT AS A PLATFORM FOR EMPLOYERS TO POST JOB AND INTERNSHIP LISTINGS, AND FOR CANDIDATES TO POST RESUMES AND REGISTRATION DATA.  THE STUDENT NAVIGATOR, LLC IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND CANDIDATES, AND IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OR INTERNSHIP DECISIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS ON ANY SITE OR THROUGH USE OF THE SERVICES.

(e)      NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STUDENT NAVIGATOR, LLC OR THROUGH USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.  The Content has been prepared for informational and educational purposes only and in no way constitutes legal, financial or any other type of professional advice.  You should not act upon any information contained on the Site or provided through use of the Services without consulting your own legal, financial or other professional advisor.

LIMITATION OF LIABILITY

(a)       IN NO EVENT SHALL THE STUDENT NAVIGATOR, LLC, INCLUDING (IF APPLICABLE) ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, MEMBER(S), EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF WHETHER THE STUDENT NAVIGATOR, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

(b)     THE STUDENT NAVIGATOR, LLC, INCLUDING (IF APPLICABLE) ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, MEMBER(S), EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENT ACTS OR OMISSIONS IN PROCURING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION NOR ANY CLAIMS ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES CONTAINED IN THE CONTENT.

(c)       THE STUDENT NAVIGATOR, LLC’S, INCLUDING (IF APPLICABLE) ANY OF ITS SUBSIDIARIES’, AFFILIATES’, LICENSORS’, MEMBER(S)’, EMPLOYEES’, CONTRACTORS’, AGENTS’, OFFICERS’, AND DIRECTORS’ MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING NEGLIGENCE (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF ALL FEES PAID TO THE STUDENT NAVIGATOR, LLC BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE IMPOSITION OF LIABILITY; OR (II) $100.  YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE THE STUDENT NAVIGATOR, LLC AND ITS SUPPLIERS FOR GREATER THAN THAT AMOUNT. YOU ALSO AGREE TO GIVE THE STUDENT NAVIGATOR, LLC AND ITS SUPPLIERS IMMEDIATE WRITTEN NOTICE OF ALL ACTIONS, CLAIMS, LOSSES AND DAMAGES ARISING OUT OF THE USE OF THE CONTENT.

(d)      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Student Navigator, LLC, including (if applicable) any of its subsidiaries, affiliates, Licensors, member(s), employees, contractors, agents, officers, and directors from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys’ fees, resulting from (i) your use or misuse of the Site or Services, (ii) the use of the information by individuals or entities which have not been authorized to have access to the information (iii) violation of this Terms of Service (as amended and in effect from time to time), (iv) conduct, communication or interaction with any other user of the Site or Services or any of your other activities on the Site or use of the Services, or (v) violation of the rights of any other User of the Site or Services.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

RELEASE

If you have a dispute with one or more users, you release us (and (our (if applicable) member(s), officers, directors, agents, contractors, affiliates, subsidiaries, Licensors, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

The Student Navigator, LLC respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at info@thestudentnavigator.com and provide the following information:

(a)       Your contact information, including name, address, telephone number, and e-mail address;

(b)      A description of the copyrighted work you claim has been infringed (including, e.g., the title, ISBN and other bibliographic information for books, etc.);

(c)       A reasonably specific description of where the allegedly infringing material is located on the Services (including, e.g., the URL);

(d)      A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;

(e)      Your electronic or physical signature;

(f)        A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(g)      Information reasonably sufficient to permit us to contact the complaining party.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

The Student Navigator, LLC will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY THE STUDENT NAVIGATOR, LLC, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.

We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.

LEGAL DISPUTES

If a dispute arises between you and The Student Navigator, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.
General. You and The Student Navigator, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and The Student Navigator, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and The Student Navigator, LLC otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes” section will be deemed void. This “Legal Disputes” section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement.

 

Changes. If The Student Navigator, LLC changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to legal) within 30 days of the date such change became effective, as indicated in the “Last Updated” date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Student Navigator, LLC in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use).
This “Legal Disputes” section shall survive any expiration or termination of your relationship with The Student Navigator, LLC.

 

I have read and agree to the Terms and Conditions of The Student Navigator, LLC.

Last Updated: September 16, 2018.