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Welcome to the College Karma website. By accessing the College Karma website, you agree to the following Terms and Conditions (the “Terms of Use”) governing your use of this website (The “Site”) and the services (the “Services”) offered by College Karma, LLC through this website. Please review the terms and conditions carefully. If you do not agree with these Terms and Conditions, you may not use this site.
Privacy
College Karma respects the privacy of our customers and encourages you to read our Privacy Policy so that you may make an informed decision about using our Site. When you access or use this Site, you signify your agreement to this set of Terms and Conditions and the Privacy Policy. If you do not consent to the terms of our Privacy Policy, you may not access or use the College Karma website.
Electronic Communications
When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you largely by email. You agree that all agreements, notices, disclosures and other notifications will be communicated electronically.
Future Modification of Terms
The Terms listed in this document might change in the future as Services evolve. College Karma reserves the right to update any portion of these Terms at its sole discretion. These changes will either be reflected on the website or in certain cases, be communicated to users through an email. We will also update the “These Terms Were Last Updated On MM/DD/YYYY” section at the beginning of this document when we make any changes. By continuing to use our Services, you agree to abide by these Terms.
General Terms and Conditions
College Karma reserves the right to transfer these Terms and our Privacy Policy at any time to the extent it does not affect your rights under it. This includes scenarios such as a sale, merger, acquisition, change in operating control, reorganization, or transfer of assets. The user, however, does not have the right to transfer these Terms at any point except with our explicit written consent. This includes a sale, merger, acquisition, reorganization, change in operating control, or transfer of your assets. The Terms listed in this document and our Privacy Policy together define the scope of the relationship between the user and College Karma. As such, they supersede any other agreement, written or oral, between the user and College Karma. If any clause or portion of these Terms is at odds with any local, national, or federal law, the law shall prevail, but these Terms shall be applicable to the greatest extent possible. Any exception, including a waiver of these Terms needs to be provided by a legally authorized officer or representative of College Karma.
Responsible Use of Our Services
By agreeing to work with us, you receive access to College Karma’s Services. This does not mean we are licensing any part of our intellectual property, including, but not limited to our Stats Evaluations, intake questionnaires, Tip Sheets, essay development materials, logos, color scheme, branding elements, website look and feel, or other proprietary information to you. Any unauthorized use of College Karma content is prohibited and may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties and could result in criminal or civil penalties
As such, you are not allowed to:
It is up to the user to make sure:
Users might be temporarily or permanently be banned from using College Karma’s Services and/or face criminal prosecution and be liable for damages if we learn about irresponsible use of our Services.
Prohibition of Sensitive Data Collection
College Karma’s Services cannot be used by users to collect, analyze, or store any sensitive information under any circumstances. This includes information on an individual’s mental health, race, sexual orientation, political or religious affiliation.
Academic Integrity
College Karma does not condone or knowingly take part in plagiarism or any other acts of fraud. Neither the company nor its employees/contractors shall be liable for any illegal, unethical or otherwise wrongful use of the Sample Essays or other content from our website. This includes rejection, rescindment, deferral, academic probation, loss of scholarships/titles/awards/prizes/grants/positions, lawsuits, suspension or any other disciplinary or legal actions. You agree to abstain from improper, unethical, inappropriate and/or illegal use of the material and are solely responsible for any and all disciplinary actions arising from your use of the College Karma Site and Services.
Service Descriptions
College Karma attempts to be as accurate as possible. However, College Karma does not warrant that the contents of this Site are accurate, complete reliable, current or error-free. If a Service offered on this Site is not as described, your sole remedy is to cease using such product or service.
Purchasing Our Services
One-Time Purchase Fees
In order to use College Karma Services, a user must pay a fee (“Fee” or “Fees”). This Fee will allow them to use the Services on a one-time basis. The amount of the Fees will depend on the type of Service the client signs up for The client shall not be eligible under any conditions to receive refunds for a part of or the entire Fee in case of cancellation, dissatisfaction with, or lack of use of Service.
College Karma reserves the right to deny providing a part of or the entire Service in case the client does not pay the full Fee for the requested Service upfront.
Change in Fees or Scope of Service
College Karma reserves the right to change the Fee at its sole discretion. In case our Fee changes, College Karma will inform clients about all relevant specifics including the amount and timing of the change. These changes will be applicable only to future payments.
Similarly, we hold the right to change the scope of Service in a specific tier of any of our Services. If there is a material change, College Karma will inform users through email or through an update on our website.
College Karma as a Third Party Service Provider
In certain cases, College Karma might be hired by organizations to provide Services to their clients. An example could include a segment or all of a school’s senior class. In such cases, College Karma acts as a third party service provider. Regardless of whether the payment is made by the organization hiring College Karma or the client, these Terms also apply.
Payment Information
In order to collect Fees from clients, College Karma requires credit card information including, but not limited to, full name, credit card number, credit card type, credit card expiration date, and credit card CVV number. College Karma reserves the right to temporarily or permanently ban a potential user if any of their financial information is found to be incorrect or fraudulent. Fees paid by users to College Karma are non-refundable. A user is also prohibited from transferring these Fees to another user’s account. A confirmation of purchase will be sent to users once the Fee has been successfully processed.
Unpaid Services
In certain cases, we might offer unpaid or pro bono Services to users. Under such circumstances, even though no payment has been made, users are still expected to abide by the Terms listed in this document.
User Data Rights
While we might use user data for a variety of different purposes such as improving the user’s website experience, we will not publish any personally identifiable information (PII). We may however publish anonymized information (like testimonials). We may also conduct aggregate analyses based on the usage of our Services. If we publish these analyses, we will make sure no PII is published. Users do not have the right to payments, royalties, or any other form of monetary or non-monetary compensation from any Services or content created from user data.
Using College Karma’s Services
Providing information to College Karma - College Karma requires the applicant to provide information in order to receive our Services. This includes grades, test scores, and information about their personal and academic experiences and essays, resume, etc. Our ability to provide Services is based on the quality and timeliness of your information. While you are not required or obligated to disclose any information you are not comfortable sharing, it is your responsibility to make sure that you provide accurate information at all times. College Karma will never force you to share personal details that are sensitive or you are not comfortable sharing.
Disclaimer of Warranties and Limitation of Liability
COLLEGE KARMA’S SERVICES ARE PROVIDED TO THE USER “AS IS” AND “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLlE LAW. COLLEGE KARMA SPECIFICALLY MAKES NO REPRESENTATIONS, WARRANTIES,ENDORSEMENTS OF ANY KIND AS TO THE COLLEGE KARMA WEBSITE, CONTENT, OR RESULTS OF OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED BY THIS SITE ARE AT YOUR SOLE RISK. COLLEGE KARMA ALSO HOLDS NO RESPONSIBILITY FOR ANY DAMAGES CAUSED TO USERS THROUGH THE USE OF OUR SERVICE. WE HOLD NO RESPONSIBILITY FOR THE CORRECTNESS OF OUR ANALYSIS, SATISFACTORY PERFORMANCE OF OUR SERVICES, MERCHANTABILITY OR QUALITY OF OUR SERVICES, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COLLEGE KARMA DOES NOT PROVIDE ANY WARRANTY THAT USING OUR SERVICES WILL GET YOU ACCEPTED AT ANY SPECIFIC COLLEGE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COLLEGE KARMA SPECIFICALLY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.IN CASE OF A DISPUTE, THE ONLY REMEDY AVAILABLE TO A USER IS THE DISCONTINUED USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES CAN COLLEGE KARMA BE HELD RESPONSIBLE FOR ANY BODILY HARM, INJURY, EMOTIONAL DISTRESS, TRAUMA, OR DEATH CAUSED DUE TO THE USE OF SERVICES IN ANY FORM. COLLEGE KARMA’S LIMITATION OF LIABILITY EXTENDS TO CLAIMS FOR BUSINESS LOSSES, PERSONAL LOSSES, COST OF PROCUREMENT OF SUBSTITUTE, LOSS OF DATA, OR ANY COMMERCIAL LOSSES, EVEN IF IT WAS KNOWN THAT EXPERIENCING THAT LOSS WAS A POSSIBILITY. SOME STATES PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATION OF IMPLIED WARRANTIES. IF USER IS LOCATED IN ONE OF THOSE STATES, THESE LIMITATIONS WILL NOT APPLY TO THE USER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH COLLEGE KARMA.
IF USERS ARE NOT COMFORTABLE WITH THIS LIMITATION OF WARRANTY AND LIABILITIES, THEY SHOULD REFRAIN FROM USING COLLEGE KARMA’S SERVICES.
Section 1542 of the California Civil Code
SECTION 1542 OF THE CALIFORNIA CIVIL CODE STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF THE USER IS A CALIFORNIA RESIDENT, THEY WAIVE THEIR RIGHTS TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE.
Indemnity
By agreeing to these Terms, you agree to hold College Karma and its officers, employees, representatives, partners and independent contractors harmless and indemnify them against any and all claims, actions, losses, damages, demands, judgments, suits, litigation costs and attorney fees that might be caused due to: 1. Your breach of these Terms, 2. Your violating of any law, 3. Your use of College Karma Services. By agreeing to work with us (and thereby agreeing to this indemnification clause), you agree that you will not settle any claim, or actual or perceived legal proceeding in which College Karma is or could have been indemnified unless such a settlement involves unconditional release of College Karma from any real or perceived liabilities that might arise from the claim or legal proceeding or has been formally agreed to in writing by an officer or authorized legal representative of College Karma.
Using College Karma Services Globally
College Karma’s Services are meant to be used in full compliance with local, national, and federal laws where the user is located. We make no claim about the fitness of use, legality, or availability of College Karma’s Services outside the United States of America. College Karma’s Services should never be used in violation of United States laws. It is up to the user to ensure they are complying with local, state, national, or federal laws in their jurisdiction.
College Karma’s Privacy Policy
Users should read our Privacy Policy before agreeing to work with us. We collect certain types of user PII in order to improve and provide our Services and/or develop new Services. We are fully committed to ensuring we maintain the highest standards of data privacy and data security for all identifiable and unidentifiable information we collect on users. We also update our privacy policy at regular intervals as and when needed. If there are any discrepancies or inconsistencies between these Terms and College Karma’s Privacy Policy, the Terms will be considered as the governing principles.
Content on Other Platforms
Through its Services, College Karma might apprise users of additional products, services, or platforms that users might find helpful. In such cases, College Karma might also provide direct links to websites of these products, services, and platforms. Users should note that College Karma is not responsible for these products’, services’, and platforms’ adherence to local, regional, or national law. Further, any harm or damage caused to users because of the use of these products, services, or platforms is not the responsibility of College Karma. It is up to users to do their own research before deciding whether or not to use them. College Karma strongly recommends that users read the privacy policy and terms of service of each of these products, services, or platforms.
Disputes and Arbitration
The Terms listed in this document will be governed by the laws of the state of Colorado. The only exemption to this condition is when U.S. federal law preempts Colorado state law.
Arbitration Agreement
By agreeing to these Terms, users agree that any dispute arising between them and College Karma will be resolved informally or through a small claims court. Users and College Karma will make all attempts in good faith to try and resolve issues without any escalation, controversy, or dispute. However, if a matter cannot be resolved through these means, it will be resolved through binding arbitration. The only exception to this will be when College Karma or the user is seeking injunctive or other equitable relief in a court to resolve a dispute involving copyrights, trade secrets, trademarks, logos, or intellectual property rights.
Notice of Arbitration and Opt-Out Clause
By agreeing to these Terms, you agree that you will not initiate or participate in a class action lawsuit or class-wide arbitration against College Karma. Any controversy, disagreement, or dispute that arises between you and any representative of College Karma will be resolved through individual arbitration and shall be binding and final. By agreeing to these Terms, you explicitly agree that you do not have the right to trial by jury or the ability to act as a plaintiff or member of a class action lawsuit against College Karma.
Rules of Arbitration
The arbitration will be governed by the American Arbitration Association (“AAA”). AAA will arbitrate in accordance with Commercial Arbitration Rules (“AAA rules”). For more information about these rules, please visit the AAA website (www.adr.com) or call AAA at1-800-778-7879. A neutral arbitrator will arbitrate the matter, which will be governed by the Federal Arbitration Act.
Mechanics of Arbitration
The AAA’s rules will govern the mechanics of the arbitration process. A written notice must be provided to initiate it. The arbitration will solely focus on the matter being disputed and cannot be combined with anything else. It will be performed by a licensed practitioner who is a part of AAA’s list of approved arbitrators. The arbitrator will have the authority to arbitrate a part of or the entire dispute. Both parties involved in the dispute need to finalize who the arbitrator will be within seven days of delivery of the Demand of Arbitration (which needs to be submitted by the party initiating arbitration as per AAA guidelines). Failure to do so will result in AAA appointing an arbitrator. The decision made by the arbitrator will be final and binding. The arbitrator will provide a written explanation of the decision, which will include details of the arbitration award and might include attorneys’ fees, cost of witnesses, and travel costs, all of which together constitute the cost of arbitration.
Location of Arbitration
If the arbitration claim is $10,000 or less, the proceeding will take place solely based on documents provided by both parties. Unless the arbitrator decides otherwise, neither party will be required to appear for an in-person meeting or telephonic hearing. If an in-person hearing is requested by the arbitrator, he or she will decide on a place for the hearing that is convenient to all parties involved. If the claim is greater than $10,000 the arbitrator will decide the most convenient path forward, which could include electronic exchange of information, a telephonic hearing, or an in-person hearing. Arbitration under this agreement shall be held in the United States in Colorado Springs, Colorado under Colorado law without regard to its conflict of laws provisions. The decision around the most appropriate medium of information exchange shall always be governed by AAA rules and guidelines.
Arbitration Fees
The AAA rules define what your portion of the AAA administrative fee and arbitration fee will be. The remaining amount will be paid by College Karma. However, if the arbitrator finds your claims to be frivolous (as measured in the standards set forth in the Federal Rule of Civil Procedure 11(b)), AAA rules will determine the fees that you need to pay.
Miscellaneous
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of College Karma to enforce any provision of this Agreement will not be considered a waiver or our right to enforce such provision. Our rights under this Agreement will survive any termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with College Karma must commence within ONE year after the cause of action accrued. Otherwise, such cause of action is permanently barred.
The Terms listed in this document and your use of the College Karma website will be governed by the federal laws of the United States of America and the laws of the State of Colorado without regard to conflict of law provisions.
Type of Sale and Applicable Regulatory Frameworks
The contract between you and College Karma is that of a sale of services and not goods. As such, regulatory frameworks such as The United Nations Contracts for the International Sale of Goods, Uniform Commercial Code or any legislation, which is materially similar to these does not apply to these Terms.
BY ACCESSING THE COLLEGE KARMA WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS, YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COLLEGE KARMA AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND COLLEGE KARMA RELATING TO YOUR USE OF THE SITE.
Contact Us
If you have any feedback on our Services or queries about these Terms, please email us at info@collegekarma.com. Although our response times will vary based on the number of queries we are currently processing at a given time, we will try our best to get back to you in a reasonable time frame.
Copyright © 2023 College Karma - All Rights Reserved.
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