Terms of Service

 

Revised: 25 July 2019

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

 These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("True Campus Project, LLC"). These Terms also include our Privacy and Cookie Policy. By accessing and using True Campus Project, LLC, you agree to comply with these Terms. If you are using True Campus Project, LLC on behalf of a company, school, or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use True Campus Project, LLC if you do not agree to the version of the Terms posted on True Campus Project, LLC at the time you access True Campus Project, LLC. (The terms "we" and "us" refer to True Campus Project, LLC, Inc., a Massachusetts limited liability corporation.)

 

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1.     Eligibility to Use True Campus Project, LLC

A. To access or use True Campus Project, LLC, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use True Campus Project, LLC. A university and its authorized agent(s) are permitted to use the university's Free University Account and any data about that university provided via that account for the university's internal business purposes. Except as set forth above, or as otherwise approved by us, True Campus Project, LLC is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use True Campus Project, LLC if we have terminated your account or banned you.

2.     Using True Campus Project, LLC

1.      Third-Party Content on True Campus Project, LLC. Content from other users, advertisers, and other third parties is made available to you through True Campus Project, LLC. "Content" means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on True Campus Project, LLC. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

 In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on True Campus Project, LLC.

We allow users to post content about universities and university programs when they have been enrolled at the university as a full-time, part-time, executive, or other status of student. We also allow users to review the consultants that assist them when applying to these programs. We consider all students of these types as 'students' with regard to Content left on True Campus Project, LLC. It does not violate our Community Guidelines or these Terms for a student in any one of these roles to leave a review as a "student."

2.      House Rules. You represent and warrant that you will use True Campus Project, LLC solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on True Campus Project, LLC ("Your Content"). You agree that by submitting or authorizing Your Content for use on True Campus Project, LLC, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of True Campus Project, LLC violates applicable law or any third-party right.

You agree that you will not:

·         Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with a university;

·         Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same university;

·         Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;

·         Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;

·         Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;

·         Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by True Campus Project, LLC);

·         Promote, endorse, or further illegal activities;

·         Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former universities or potential universities;

·         Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;

·         Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;

·         Solicit personally identifying information from minors;

·         Except as expressly approved by us, and subject to applicable laws, use True Campus Project, LLC for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;

·         Imply a True Campus Project, LLC endorsement or partnership of any kind without our express written permission;

·         Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;

·         Introduce software or automated agents to True Campus Project, LLC, or access True Campus Project, LLC so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from True Campus Project, LLC without our express written permission;

·         "Frame" or "mirror" or otherwise incorporate part of True Campus Project, LLC into any website, or "deep-link" to any portion of True Campus Project, LLC without our express written permission.

·         Copy, modify, or create derivative works of True Campus Project, LLC or any Content (excluding Your Content) without our express written permission);

·         Copy or use the information, Content (excluding Your Content), or data on True Campus Project, LLC in connection with a competitive service, as determined by True Campus Project, LLC;

·         Sell, resell, rent, lease, loan, trade, or otherwise monetize access to True Campus Project, LLC or any Content (excluding Your Content) without our express written permission;

·         Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of True Campus Project, LLC;

·         Interfere with, disrupt, or create an undue burden on True Campus Project, LLC or the networks or services connected to True Campus Project, LLC;

·         Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to True Campus Project, LLC; or Attempt to circumvent any security feature of True Campus Project, LLC;

3.      Links to Third-Party Websites. True Campus Project, LLC may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave True Campus Project, LLC, our terms and policies do not govern your use of third-party websites.

4.      Applying on True Campus Project, LLC. Some of our webpages on site allow you to complete and submit your application on True Campus Project, LLC. We provide this service by working directly with a university or by searching the Internet for the best contact information we can find for a university. When you click the "Apply" button to submit an application on True Campus Project, LLC, we send your application to the most appropriate contact information we have on file for that employer.

While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.

True Campus Project, LLC does not guarantee the identity of a university or any individuals working for any universities, and cautions applicants when applying to university programs. True Campus Project, LLC does not guarantee the validity of a university program and cautions applicants to verify the validity of a university program before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any university or university program.

5.      Salary Estimates. For certain university programs we may offer salary estimate features, such as personalized salary estimates (currently branded as Salary Estimator), salary estimates for industries, and salary estimates for specific job functions. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Though we may offer universities the ability to supplement or replace our salary estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified salaries, guarantees of actual salaries, or endorsements from employers or universities. Their purpose is to provide data to promote transparency and to help people make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement True Campus Project, LLC's salary estimates with other research. If you are a university with a Free University Account, you have the ability to update your pay ranges by contacting your representative at True Campus Project, LLC.

6.      Free Templates. From time to time we may provide you with templates for your use, such as, templates to help universities solicit reviews from your alumni, or templates to help universities with program descriptions, or templates to help applicants craft their resumes or applications. You understand and agree that the templates we offer through True Campus Project, LLC are provided as suggestions and their contents do not constitute legal or employment advice. With respect to university program description templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your program. You accept that your use of any template provided by True Campus Project, LLC is at your own risk.

3.     Special Provisions Applicable To Universities

1.      Reviews on True Campus Project, LLC. You may not offer incentives in exchange for university or interview reviews. You may not trade reviews with other universities. We will remove reviews where we have evidence that users were compensated to leave reviews.

You may not coerce alumni to leave reviews. Coercion includes asking alumni to provide proof to a university that they wrote a review whether or not that proof includes the content of the review itself.

2.      Communications with Applicants. We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user's application, view their resume, view their profile on True Campus Project, LLC, and/or make a decision about their application. When you view, store or receive materials through your use of True Campus Project, LLC, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to True Campus Project, LLC, which employers are active on True Campus Project, LLC, and how long certain aspects of the candidate process take on average for a given employer. We may, on your behalf, send out reminder emails to Applicants you wish to interview. True Campus Project, LLC may also send emails to Applicants on your behalf indicating that your university program is potentially a match for the Applicant’s resume. You understand and agree that True Campus Project, LLC may take such actions.

4.     Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including universities who purchase program ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

5.     Enforcement by True Campus Project, LLC

1.      Removal of Content. While True Campus Project, LLC has no obligation to do so, True Campus Project, LLC reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on True Campus Project, LLC (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on True Campus Project, LLC that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us here. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

2.      Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes.

3.      Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from True Campus Project, LLC; suspending your rights to use True Campus Project, LLC; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

4.      Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

6.     Rights to Your Content

We do not claim ownership in any Content that you submit or authorize for use to True Campus Project, LLC, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on True Campus Project, LLC, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to True Campus Project, LLC's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve True Campus Project, LLC and to make Content submitted to or through True Campus Project, LLC available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through True Campus Project, LLC. You should only submit Content to True Campus Project, LLC that you are comfortable sharing with others under the terms and conditions of these Terms.

7.     Rights to True Campus Project, LLC Content

True Campus Project, LLC contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and True Campus Project, LLC owns and retains all property rights in True Campus Project, LLC. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from True Campus Project, LLC solely for your personal use in connection with using True Campus Project, LLC. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on True Campus Project, LLC or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to True Campus Project, LLC. True Campus ProjectSM is a service mark of True Campus Project, LLC. The trademarks, logos and service marks ("Marks") displayed on True Campus Project, LLC are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

8.     Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "True Campus Project, LLC Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of True Campus Project, LLC, including due to or arising from your breach of any provision of these Terms.

9.     Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any emails or email notifications corresponding with any activity on True Campus Project, LLC, or any other communications service, product, or feature provided on or through True Campus Project, LLC, are provided solely as a courtesy. True Campus Project, LLC disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an employer and you posted a job posting directly on True Campus Project, LLC, applications are sent only to your True Campus Project, LLC dashboard; any other notifications you may receive are provided solely as a courtesy to you

True Campus Project, LLC assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send, or receive through True Campus Project.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of True Campus Project, LLC. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on True Campus Project, LLC, whether caused by users or by any of the equipment or programming associated with or utilized in True Campus Project, LLC. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on True Campus Project, LLC or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with True Campus Project, LLC. Under no circumstances shall we be responsible for any loss or damage resulting from the use of True Campus Project, LLC or from any Content posted on True Campus Project, LLC or transmitted to users, or any interactions between users of True Campus Project, LLC, whether online or offline.

True Campus Project, LLC is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) True Campus Project, LLC will meet your requirements; (2) True Campus Project, LLC will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of True Campus Project, LLC will be accurate or reliable.

You hereby release the True Campus Project, LLC Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE TRUE CAMPUS PROJECT, LLC GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TRUE CAMPUS PROJECT, LLC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE TRUE CAMPUS PROJECT, LLC GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TRUE CAMPUS PROJECT, LLC (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

10.                        Termination

These Terms remain in effect while you use True Campus Project, LLC and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of True Campus Project, LLC, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of True Campus Project, LLC. For the avoidance of doubt, you agree that these Terms apply to your use of True Campus Project, LLC and any Content posted on True Campus Project, LLC at any time prior to the termination or expiration of these Terms.

11.                        Changes to Terms

We may revise these Terms from time to time by posting an updated version on True Campus Project, LLC. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of True Campus Project, LLC is subject to the most current effective version of these Terms.

12.                        Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from True Campus Project, LLC. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Massachusetts subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Massachusetts at True Campus Project, LLC, c/o True Campus Project, LLC, 182 Allston Street, Unit 1, Boston, MA 02134. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the municipal courts located within Boston, Massachusetts or the federal courts in Boston, Massachusetts, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

13.                        Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TRUE CAMPUS PROJECT, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRUE CAMPUS PROJECT, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

1.      Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of True Campus Project, LLC, shall be governed by the laws of the State of Massachusetts without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the municipal courts located within Boston, Massachusetts or the federal courts in Boston, Massachusetts, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

2.      Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and True Campus Project, LLC each agree that any and all disputes between consumer users of True Campus Project, LLC and True Campus Project, LLC arising under or related in any way to these Terms and such users' use of True Campus Project, LLC must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

 

Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the True Campus Project, LLC Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the True Campus Project, LLC Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's 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 a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

 

Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to True Campus Project, LLC should be sent to the Litigation Department, True Campus Project, LLC, 182 Allston Street, Unit 1, Boston, MA 02134. If you have an account on True Campus Project, LLC, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If True Campus Project, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or True Campus Project, LLC may commence formal proceeding.

 

Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or True Campus Project, LLC shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Boston, Massachusetts. For any claim where the total amount of the award sought is $10,000 or less, you and True Campus Project, LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and True Campus Project, LLC subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or True Campus Project, LLC may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same True Campus Project, LLC user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Opt-Out Procedure. IF YOU ARE A NEW TRUE CAMPUS PROJECT, LLC USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TRUE CAMPUS PROJECT, LLC TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO TRUE CAMPUS PROJECT, LLC INC, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 182 ALLSTON STREET, UNIT 1, BOSTON, MA 02134

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of your agreement to arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with the True Campus Project, LLC account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and True Campus Project, LLC. We will notify you of changes to this Arbitration section by posting the changes on True Campus Project, LLC at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

14.                        Other

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of True Campus Project, LLC and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with True Campus Project, LLC's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."