Web Site Terms and Conditions
Governing Use and Access to the Site

Acceptance of Terms

Welcome to www.collegebroadband.com (the “Site”)! You may access or obtain unique services, products, and information ("Services") provided by College Broadband, Inc. (CBB, "we," or "us") through the Site as a service to the Internet community. CBB is a for-profit corporation, organized and existing under the laws of New York, with administrative headquarters in New York, NY, and a mailing address at P.O. Box 20724, New York, NY 10023-1488. Your use of these Services is subject to these Web Site Terms and Conditions ("Agreement"). By accessing the Site and/or using the Services, you agree that you have read and understand this Agreement, and that your use of the Site shall conform to this Agreement. If you register with us for or purchase certain Services, this Agreement includes and incorporates additional terms specific to those Services. Additional terms may be presented to you for your acceptance at the time of your registration for or purchase of those Services. We reserve the right to change or amend this Agreement without notice. See the Section titled “ Changes to Agreement” below for details.

Privacy Policy

CBB recognizes the importance of protecting your privacy. We securely manage and safeguard any registration, personal, or other information you share with us. Review our Privacy Policy for additional information.

Refusal of Service

In this Agreement "you" refers to the person who registers for the email newsletter and/or purchases products from the Site. We reserve the right to refuse service or registration or sale of products to any person or entity for any or no reason whatsoever.

Fee-Based Service Charges

Certain features of this site are available only through credit card purchase ("Fee-Based Services").

(a) You agree to pay for the products that you select, using a valid credit card that CBB accepts, the charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. CBB reserves the right to increase fees and surcharges or to institute new fees at any time, upon reasonable notice posted in advance on this Site. In the event that CBB cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.

(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including, without limitation, all telephone access and/or cable modem lines (including long-distance charges, when applicable), telephone and computer equipment, and any service fees necessary to access the Fee-Based Services.

(c) For purposes of identification and billing, you agree to provide CBB with accurate and complete billing information required to purchase Fee-Based Services, including your name, address, telephone number(s), and applicable payment data, e.g. credit card number, e-mail address, and expiration date. Failure to comply with this provision (including, without limitation, falsification of any identification or billing information) may, at CBB's option, result in immediate suspension or termination of your right to use the Fee-Based Services.

User Conduct

By accessing the Site and/or otherwise accepting this Agreement, you agree to comply with our “ Community Guidelines” below .

Proprietary Rights of CBB

CBB and its licensors have expended substantial time, effort, and funds to create the Site and the Services. You acknowledge and agree that CBB or our affiliates exclusively own or have been licensed by third parties to use all rights, title, and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content (collectively, "Content") provided by the Site.

All material on the Site is copyrighted. CBB owns the copyright in the entire compilation “www.collegebroadband.com,” except for materials specifically designated as belonging to another party. You may not perform, download, upload, modify, reuse, repost, disseminate, publish, broadcast, circulate, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of CBB. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of CBB's copyrights and other proprietary rights. Use of the Content on any other Web site or other networked computer environment is prohibited without prior written permission from CBB.

Trademarks Owned or Licensed by CBB

CollegeBroadband and the graduates’ silhouette mark used on this site are federally registered trademarks of College Broadband, Inc . No use of any CBB trademark or any other trademark listed is permitted without express written consent from CBB.

Special Conditions for International Use and Exports

CBB makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. You access the Site and the Services on your own initiative, and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services or the Site, and any such access and use is a violation of this Agreement.

No Resale of Service and No Commercialization Policy

The content on this Site is intended solely for our users. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services. Neither the information available on this Web Site nor the name of College Broadband, Inc. may be used in advertising or for any other commercial purpose, including any use on the Internet. CollegeBroadband and the graduates’ silhouette mark used on this site are federally registered trademarks of College Broadband, Inc. CBB will take all steps open to it to prevent commercial use of its materials, trademarks, and/or name.

Information Provided

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. CBB reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that CBB is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither CBB nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.

Age Restrictions

You represent and warrant to CBB that you are at least thirteen (13) years old and that you have obtained the consent of a parent or guardian who possesses the legal right and ability to allow you to enter into this Agreement and to use the Site in accordance with this Agreement.

Linked Sites

CBB provides certain links that may lead to Web sites that third parties maintain over which we have no control. We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against CBB or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that CBB or any of our affiliates sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of CBB or any of our affiliates.

Downloaded Content

It is up to you to take precautions to insure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.

Consent to Electronic Communications and Email Solicitation

If you register for our email newsletter, you agree that we may provide you with information and other materials regarding products, services, and other offers from time to time as described in our Privacy Policy. Solicitations will be made to the email address provided to us in the registration process.

Changes to Agreement and Services

We may make changes to this Agreement at any time. Your continued use of the Services indicates your continued consent to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. If you have registered with us and provided us with an email address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. You agree to check the Services, your mail, and/or email on a regular basis to receive important and timely notices from us. CBB may also make changes to the Services and to the Site, including discontinuing any Service or content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. CBB reserves the right to change or add any fees or charges for access or use of the Site or any of the Services at any time.

No Warranties/Limitation of Liability

THE SITE AND ITS ASSOCIATED SITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER CBB NOR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. CBB AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OR INABILITY TO USE THE SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF.

(I) YOUR USE OF, OR RELIANCE ON, ANY SERVICE OR CONTENT, (II) THE SITE'S, CBB'S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (III) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE OR ITS ASSOCIATED SITES. IN NO EVENT WILL CBB OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All users therefore agree that all access and use of the Site is the user's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of CBB and its respective affiliates, officers, directors, employees, agents, contractors, and suppliers shall be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the Site. Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.

CBB and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that CBB does not accept any responsibility for security of information transmitted over the Internet.

Without limiting any of the foregoing, if CBB or any of its respective affiliates, officers, directors, employees, agents, contractors or suppliers are found liable to you for any claims or matters arising under or in connection with this Agreement, CBB's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to CBB for the specific Service or product giving rise to such liability.

CBB's Distribution of Third-Party Content

CBB does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in the Site. In other words, CBB is merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. CBB does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and CBB shall not be liable for any harm resulting from or in connection with reliance on any such content. In addition, CBB shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant in the Site. Any products or services offered or sold on or through the Site by any person other than CBB are offered or sold subject to terms and conditions solely between our users and such other person or supplier.

Miscellaneous

This Agreement, the Privacy Policy, and Community Guidelines represent your entire agreement with CBB with respect to your access and use of the Site and the Services. This Agreement may only be amended in the manner described in the Section "Changes to Agreement and Service" above. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of New York, without regard to conflicts of laws, and the Federal law of the United States.

Community Guidelines

We'd like to make sure your experience at the Site is a pleasant and rewarding one. Please take a moment to read through these guidelines for participating in our community. They are incorporated into and are part of our Agreement with you. We may change these rules as described in the Agreement. Your failure to abide by them may result in termination of your use of the Services and the Site.

THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NEITHER CBB NOR ANY OF ITS AFFILIATES, SUPPLIERS OR VENDORS REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.

You are entirely responsible and liable for all activities conducted by you. Listed below are some, though not all, violations that may result in CBB terminating your access to the Services and the Site. You agree NOT to do any of the following actions while using the Site:

• Transmit via the Site any information, data, text, files, links, software, chat, communication or other Content that CBB considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or racially, ethnically, or otherwise objectionable;
• Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Site;
• Intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site in any manner;
• Invade the privacy or violate any personal or proprietary right of any person or entity;
• Infringe the intellectual property rights or similar rights, including, but not limited to, copyrights and trademarks, of any person or entity;
• Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Content

You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. CBB shall have the right, but not the responsibility, to remove Content that is deemed in CBB's sole discretion harmful, offensive, or otherwise in violation of this Agreement, including these rules. CBB may elect at its sole discretion to monitor some, all, or no areas of the Site.