Terms of Use

PLEASE READ THESE TERMS OF USE AND CAREFULLY. THEY PROVIDE IMPORTANT INFORMATION ON YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING LIMITATIONS, EXCLUSIONS, AND GOVERN THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: May 12, 2014

Collegerolemodel.com, LLC.( “Collegerolemodel.com“, “we“, “us“, or “our“) provides an online platform that connects matriculating college students with college applicants seeking a real college tour experience beyond those tours provided by admissions offices (collectively, the “Services”), which Services are accessible at http://www.collegerolemodel.com,and any other websites through which Collegerolemodel.com makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application, and Services and all Collective Content (defined below), and your participation in the Tour Program (defined below), and constitute a binding legal agreement between you and Collegerolemodel.com. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.collegerolemodel.com./terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Your failure to use the Site and Application consistent with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION, AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TOURS. YOU UNDERSTAND AND AGREE THAT COLLEGEROLEMODEL.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS COLLEGEROLEMODEL.COM A REAL ESTATE BROKER, AGENT. OR INSURER. COLLEGEROLEMODEL.COM HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS, AND OTHER USERS OF THE SITE, APPLICATION, AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms
Collegerolemodel.com Content” means all Content that Collegerolemodel.com makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

 

Collective Content” means Member Content and Collegerolemodel.com Content.
Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

 

Guest” means a Member who requests a booking of an Accommodation via the Site, Application, or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
Host” means a Member who creates a Listing via the Site, Application, and Services.
Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
Member” means a person who completes Collegerolemodel.com’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.

 

Member Content” means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Site, Application, or Services.
Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE AFFIRMING YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification
Collegerolemodel.com reserves the right, at its sole discretion, to modify the Site, Application, or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.

Eligibility

The Site, Application, and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application, or Services you represent and warrant that you are 18 or older.

How the Site, Application, and Services Work

The Site, Application, and Services can be used to facilitate tours of college campuses. (“Tours”). Such Tours are included in Listings on the Site, Application, and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a Collegerolemodel.com Account (defined below).
Collegerolemodel.com makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Tours. Collegerolemodel.com is not an owner, lessee, operator, or user of any real estate properties, or interests, including, but not limited to, college dormitories, classrooms, recreational facilities, or other facilities of any kind. Collegerolemodel.com does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any such or provide any services of any kind, including transportation or travel services. Collegerolemodel.com’s responsibilities are limited to: (i) facilitating the availability of the Site, Application, and Services and (ii) serving as the limited agent of each Host to accept payments from Guests for the Host.

THIS SITE, APPLICATION, AND THEIR SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF COLLEGE TOURS. COLLEGEROLEMODEL.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY SUCH TOURS OR HOSTS CONDUCTING SUCH TOURS. COLLEGEROLEMODEL.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration
To access certain features of the Site and Application and to book an Accommodation or create a Listing, you must register to create an account (“Collegerolemodel.com Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application, and Services, you may link your Collegerolemodel.com Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Collegerolemodel.com through the Site, Services or Application; or (ii) allowing Collegerolemodel.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Collegerolemodel.com and/or grant Collegerolemodel.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Collegerolemodel.com to pay any fees or making Collegerolemodel.com subject to any usage limitations imposed by such third party service providers. By granting Collegerolemodel.com access to any Third Party Accounts, you understand that Collegerolemodel.com will access, make available, and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Application, and Services via your Collegerolemodel.com Account and Collegerolemodel.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Collegerolemodel.com Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Collegerolemodel.com’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Application, and Services. You have the ability to disable the connection between your Collegerolemodel.com Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Collegerolemodel.com makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Collegerolemodel.com is not responsible for any SNS Content.

We will create your Collegerolemodel.com Account and your Collegerolemodel.com Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Collegerolemodel.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Collegerolemodel.com reserves the right to suspend or terminate your Collegerolemodel.com Account and your access to the Site, Application, and Services if you create more than one (1) Collegerolemodel.com Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Collegerolemodel.com Account, whether or not you have authorized such activities or actions. You will immediately notify Collegerolemodel.com of any unauthorized use of your Collegerolemodel.com Account.

Accommodation Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation, and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application, and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application, and Services. Other Members will be able to book your Accommodation via the Site, Application, and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Collegerolemodel.com assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Collegerolemodel.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Collegerolemodel.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application, or Services.

You understand and agree that Collegerolemodel.com does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Collegerolemodel.com is not a party thereto. Notwithstanding the foregoing, Collegerolemodel.com serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application, and Services.

If you are a Host, Collegerolemodel.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

Collegerolemodel.com recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

No Endorsement

Collegerolemodel.com does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application, and Services. Except as provided in the Collegerolemodel.com Host Guarantee Terms and Conditions (“Collegerolemodel.com Host Guarantee”), which is an agreement between Collegerolemodel.com and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see Collegerolemodel.com’s Host Guarantee Terms and Conditions at www.collegerolemodel.com.com/terms for information about the Collegerolemodel.com Host Guarantee.)

By using the Site, Application, or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Collegerolemodel.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Collegerolemodel.com regarding the remittance of payments received from a Guest by Collegerolemodel.com on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Accommodation via the Site, Application, and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Collegerolemodel.com in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application, and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Collegerolemodel.com Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Collegerolemodel.com when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Collegerolemodel.com Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Collegerolemodel.com for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Collegerolemodel.com will send you an email, text message, or message via the Application confirming such booking, depending on the selections you make via the Site, Application, and Services.

The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not Collegerolemodel.com which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion.

Collegerolemodel.com charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “Guest Fees”. The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Collegerolemodel.com will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment of the Accommodation Fees (less Collegerolemodel.com’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest).

Appointment of Collegerolemodel.com as Payment Agent for Host

Each Host hereby appoints Collegerolemodel.com as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Collegerolemodel.com shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, Collegerolemodel.com may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Collegerolemodel.com assumes no liability for any acts or omissions of the Host.

Please note that Collegerolemodel.com does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Collegerolemodel.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Collegerolemodel.com will provide notice of any Listing fee collection via the Site, Application, and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The Hosts, not Collegerolemodel.com, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application, and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Collegerolemodel.com, will be responsible for performing the obligations of any such agreements, that Collegerolemodel.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Collegerolemodel.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Collegerolemodel.com is not a party to the agreement between you and the Host, Collegerolemodel.com acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Collegerolemodel.com which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Collegerolemodel.com is responsible for remitting such amounts, less Collegerolemodel.com’s Host Fees, to the Host. In the event that Collegerolemodel.com does not remit any such amounts to a Host, such Host will have recourse only against Collegerolemodel.com.

Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Collegerolemodel.com in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Collegerolemodel.com will be refunded to such Guest, depending on the selections the Guest makes via the Site, Application, and Services, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay Collegerolemodel.com for the Total Fees for any booking requested in connection with your Collegerolemodel.com Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Collegerolemodel.com, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Collegerolemodel.com receives confirmation of your booking from the applicable Host, Collegerolemodel.com will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Collegerolemodel.com cannot control any fees that may be charged to a Guest by his or her bank related to Collegerolemodel.com’s collection of the Total Fees, and Collegerolemodel.com disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Collegerolemodel.com or its third party payment processor. You agree to pay Collegerolemodel.com for any confirmed bookings made in connection with your Collegerolemodel.com Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Collegerolemodel.com or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Collegerolemodel.com to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Collegerolemodel.com’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Collegerolemodel.com will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. Collegerolemodel.com will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Collegerolemodel.com is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for providing the Services, Collegerolemodel.com collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Collegerolemodel.com to Hosts via check, PayPal, direct deposit, or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application, and Services. Please note that for any payments by Collegerolemodel.com in currencies other than U.S. dollars, Collegerolemodel.com may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. More information on Services Fees can be found at HYPERLINK “http://www.collegerolemodel.com.com/help/topic/hosting” http://www.collegerolemodel.com.com/help/topic/hosting. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Collegerolemodel.com will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application, and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Collegerolemodel.com will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Collegerolemodel.com containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Collegerolemodel.com the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Collegerolemodel.com, please contact Collegerolemodel.com at http://www.collegerolemodel.com.com/home/contact.

Recurring Payments

In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application, and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Collegerolemodel.com, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application, and Services.

Donations

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application, and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Collegerolemodel.com must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Collegerolemodel.com cannot and does not offer Tax-related advice to any Members of the Site, Application, and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Collegerolemodel.com may issue a valid VAT invoice to such Host.

Foreign Currency

 

As part of the Services, Collegerolemodel.com provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by Collegerolemodel.com based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Collegerolemodel.com will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Collegerolemodel.com has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Collegerolemodel.com updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Collegerolemodel.com will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Collegerolemodel.com makes payment to a Host.

 

 

 

Damage to Accommodations

 

As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Collegerolemodel.com Account. Collegerolemodel.com also reserves the right to charge the credit card on file in your Collegerolemodel.com Account, or otherwise collect payment from you and pursue any avenues available to Collegerolemodel.com in this regard, including using Security Deposits, in situations in which you have been determined, in Collegerolemodel.com’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Collegerolemodel.com Host Guarantee, and in relation to any payments made by Collegerolemodel.com to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Collegerolemodel.com (if applicable).

Both Guests and Hosts agree to cooperate with and assist Collegerolemodel.com in good faith, and to provide Collegerolemodel.com with such information and take such actions as may be reasonably requested by Collegerolemodel.com, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Collegerolemodel.com Host Guarantee) or with respect to any investigation undertaken by Collegerolemodel.com or a representative of Collegerolemodel.com regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Collegerolemodel.com’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Collegerolemodel.com or a third party selected by Collegerolemodel.com, with respect to losses for which the Host is requesting payment from Collegerolemodel.com under the Collegerolemodel.com Host Guarantee.

If you are a Guest, you understand and agree that Collegerolemodel.com reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Collegerolemodel.com under the Collegerolemodel.com Host Guarantee.) You agree to cooperate with and assist Collegerolemodel.com in good faith, and to provide Collegerolemodel.com with such information as may be reasonably requested by Collegerolemodel.com in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Collegerolemodel.com may reasonably request to assist Collegerolemodel.com in accomplishing the foregoing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services, and Content. In connection with your use of our Site, Application, and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;

 

  • use manual or automated software, devices, scripts robots, other means, or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

 

  • use the Site, Application, or Services for any commercial or other purposes that are not expressly permitted by these Terms;

 

  • copy, store, or otherwise access any information contained on the Site, Application, Services, or Content for purposes not expressly permitted by these Terms;

 

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

  • interfere with or damage our Site, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

  • use our Site, Application, or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;

 

  • use our Site, Application, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

 

  • “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Collegerolemodel.com Guest or Host;

 

  • offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);

 

  • offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

 

  • register for more than one Collegerolemodel.com Account or register for an Collegerolemodel.com Account on behalf of an individual other than yourself;

 

  • contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;

 

  • contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application, and Services;

 

  • when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Collegerolemodel.com, without Collegerolemodel.com’s prior written approval;

 

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

  • use automated scripts to collect information or otherwise interact with the Site, Application, or Services;

 

  • use the Site, Application, and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, Application, or Services in order to circumvent the obligation to pay any Service Fees related to Collegerolemodel.com’s provision of the Services;

 

  • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

  • or post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

  • systematically retrieve data or other content from our Site, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

 

  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Collegerolemodel.com’s name, any Collegerolemodel.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Collegerolemodel.com’s express written consent;

 

  • access, tamper with, or use non-public areas of the Site or Application, Collegerolemodel.com’s computer systems, or the technical delivery systems of Collegerolemodel.com’s providers;

 

  • attempt to probe, scan, or test the vulnerability of any Collegerolemodel.com system or network or breach any security or authentication measures;

 

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Collegerolemodel.com or any of Collegerolemodel.com’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

 

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

 

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
    advocate, encourage, or assist any third party in doing any of the foregoing.

Collegerolemodel.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Collegerolemodel.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Collegerolemodel.com has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application, and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Collegerolemodel.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Collegerolemodel.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application, or Services.

Privacy

See Collegerolemodel.com’s Privacy Policy at http://www.collegerolemodel.com.com/terms and for information and notices concerning Collegerolemodel.com’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Collegerolemodel.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Collegerolemodel.com Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application, and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Collegerolemodel.com for which a Qualifying Referral (defined below) is completed, you may be able to receive Collegerolemodel.com Travel Credits (defined below) (each a “Referral Reward”). “Collegerolemodel.com Travel Credits” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application, and Services.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Collegerolemodel.com Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Collegerolemodel.com to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Collegerolemodel.com Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least seventy-five dollars ($75) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.

Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Collegerolemodel.com Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Collegerolemodel.com Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Collegerolemodel.com Account. Referral Rewards accrued in multiple Collegerolemodel.com Accounts may not be combined into one Collegerolemodel.com Account. You may not earn Referral Rewards by creating multiple Collegerolemodel.com Accounts. By acquiring Referral Rewards, you agree and acknowledge that Collegerolemodel.com is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Collegerolemodel.com Accounts.

Specific Terms Regarding Collegerolemodel.com Travel Credits

Collegerolemodel.com Travel Credits may only be redeemed for confirmed bookings via the Site, Application, and Services and after you accrue Collegerolemodel.com Travel Credits, such Collegerolemodel.com Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application, and Services. You may only redeem Collegerolemodel.com Travel Credits after the Collegerolemodel.com Travel Credits are reflected in your Collegerolemodel.com Account. The scope, variety, and type of services and products that you may obtain by redeeming Collegerolemodel.com Travel Credits can change at any time.

Collegerolemodel.com Travel Credits expire one (1) year from the date that any Collegerolemodel.com Travel Credits are last accrued in your Collegerolemodel.com Account. Collegerolemodel.com will notify you at the email address you provided during Account registration within thirty (30) days of when the Collegerolemodel.com Travel Credits in your Collegerolemodel.com Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Collegerolemodel.com Travel Credits, please contact us at terms@collegerolemodel.com.com. Collegerolemodel.com may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Collegerolemodel.com’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Collegerolemodel.com Travel Credits. Where applicable, Collegerolemodel.com may be required to account for VAT on any services for which the Collegerolemodel.com Travel Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all Collegerolemodel.com Travel Credits are forfeited if your Collegerolemodel.com Account is terminated or suspended for any reason, in Collegerolemodel.com’s sole discretion, or if Collegerolemodel.com discontinues providing the Site, Application, Services, or the Referral Program.

Application License

Subject to your compliance with these Terms, Collegerolemodel.com grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Collegerolemodel.com reserves all rights in the Application not expressly granted to you by these Terms.

Collegerolemodel.com Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Collegerolemodel.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Collegerolemodel.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Collegerolemodel.com or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit, or transmit Member Content. By making available any Member Content on or through the Site, Application, and Services, you hereby grant to Collegerolemodel.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application, and Services. Collegerolemodel.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, and Services or you have all rights, licenses, consents and releases that are necessary to grant to Collegerolemodel.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Collegerolemodel.com’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity, or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application, and Services may contain links to third-party websites or resources. You acknowledge and agree that Collegerolemodel.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Collegerolemodel.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Collegerolemodel.com Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Collegerolemodel.com used herein are trademarks or registered trademarks of Collegerolemodel.com. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site, Application, and Services (“Feedback”). You may submit Feedback by emailing us at terms@collegerolemodel.com.com or through the “Contact” (www.collegerolemodel.com.com/contact) section of the Site, Application, and Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of Collegerolemodel.com and you hereby irrevocably assign to Collegerolemodel.com and agree to irrevocably assign to Collegerolemodel.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary, or intellectual property rights therein. At Collegerolemodel.com’s request and expense, you will execute documents and take such further acts as Collegerolemodel.com may reasonably request to assist Collegerolemodel.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Collegerolemodel.com respects copyright law and expects its users to do the same. It is Collegerolemodel.com’s policy to terminate in appropriate circumstances the Collegerolemodel.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Collegerolemodel.com’s Copyright Policy at www.collegerolemodel.com.com/terms, for further information.

Termination and Collegerolemodel.com Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application, and Services, and (b) deactivate or cancel your Collegerolemodel.com Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Collegerolemodel.com terminates these Terms, or your access to our Site, Application, and Services or deactivates or cancels your Collegerolemodel.com Account you will remain liable for all amounts due hereunder. You may cancel your Collegerolemodel.com Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@collegerolemodel.com.com. Please note that if your Collegerolemodel.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application, and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COLLEGEROLEMODEL.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COLLEGEROLEMODEL.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COLLEGEROLEMODEL.COM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COLLEGEROLEMODEL.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF COLLEGEROLEMODEL.COM TRAVEL CREDITS, THE SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COLLEGEROLEMODEL.COM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT COLLEGEROLEMODEL.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION, OR SERVICES, OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. COLLEGEROLEMODEL.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY COLLEGEROLEMODEL.COM. NOTWITHSTANDING COLLEGEROLEMODEL.COM’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, COLLEGEROLEMODEL.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION, AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF COLLEGEROLEMODEL.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER COLLEGEROLEMODEL.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION, AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLEGEROLEMODEL.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE COLLEGEROLEMODEL.COM HOST GUARANTEE, IN NO EVENT WILL COLLEGEROLEMODEL.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION, AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION, AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY COLLEGEROLEMODEL.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLLEGEROLEMODEL.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Collegerolemodel.com and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing, or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any Collegerolemodel.com Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application, and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application, and Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons. Collegerolemodel.com does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that: (i) these Terms are concluded between you and Collegerolemodel.com only, and not Apple; and (ii) Collegerolemodel.com, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Collegerolemodel.com and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Collegerolemodel.com.

You and Collegerolemodel.com acknowledge that, as between Collegerolemodel.com and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Collegerolemodel.com acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Collegerolemodel.com and Apple, Collegerolemodel.com, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Collegerolemodel.com acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who: (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Collegerolemodel.com by contacting us with your police station and report number at terms@collegerolemodel.com.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Collegerolemodel.com and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application, and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Collegerolemodel.com and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Collegerolemodel.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Collegerolemodel.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Collegerolemodel.com: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and Collegerolemodel.com agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Collegerolemodel.com 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 Collegerolemodel.com otherwise agree in writing, 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 “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Collegerolemodel.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Collegerolemodel.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Collegerolemodel.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Arbitration Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Collegerolemodel.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if Collegerolemodel.com changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@collegerolemodel.com.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Collegerolemodel.com’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Collegerolemodel.com in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Collegerolemodel.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Collegerolemodel.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Collegerolemodel.com

If you have any questions about these Terms or any App Store Sourced Application, please contact Collegerolemodel.com at terms@collegerolemodel.com.com.

Privacy Policy

Click here to learn more about how we handle do-not-track signals and user tracking.

Last Updated: May 12, 2014

Collegerolemodel.com, LLC.(“Collegerolemodel.com”, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.collegerolemodel.com.com, www.collegerolemodel.com.de and www.collegerolemodel.com.fr (collectively, the “Site”) and our application for mobile devices (the “Application”). This Privacy Policy applies only to information that you provide to us through the Site and Application. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Collegerolemodel.com Account) or by means of a notice on the Site and Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.collegerolemodel.com.com/terms).

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing, and transferring information within our organization or among our affiliates within the United States or internationally.

International Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY, OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, COLLEGEROLEMODEL.COM TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the “Service”) and to enable users to enjoy and easily navigate the Site and Application.

Personally Identifiable Information

When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation for Accommodations included in Listings. If we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application, and Service in order to confirm the address of the Accommodation included in the applicable Listing. We use your Personal Information to provide the Service and administer your inquiries.

We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.

You can also register to join by logging into online accounts you may have with third party service providers (“SNS”)(e.g. Facebook); each such account, a “Third Party Account”, via our Site or Application as described below. As part of the functionality of the Site, Service, and Application, you may link your Collegerolemodel.com Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Collegerolemodel.com through the Site, Service or Application; or (ii) allowing Collegerolemodel.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Collegerolemodel.com and/or grant Collegerolemodel.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Collegerolemodel.com to pay any fees or making Collegerolemodel.com subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Collegerolemodel.com to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Collegerolemodel.com Account and Collegerolemodel.com Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Collegerolemodel.com Account on the Site, Service, and Application. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.

If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address, and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address, and other financial information). We use this information to enable your participation in the Affiliate Program and to make payments related thereto. More information on our Affiliate Program is accessible at http://www.collegerolemodel.com.com/affiliates.

We also collect the other information that you provide as part of registration and the administration and personalization of your Collegerolemodel.com Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Collegerolemodel.com Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Collegerolemodel.com newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. (See “Changing or Deleting Information,” below). Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, a “Collegerolemodel.com User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application, and Service and for the Site and Application’s technical administration, to increase our Site and Application’s functionality and user-friendliness, and to better tailor our Site and Application to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application to better understand how you interact with the Site and Application and to monitor aggregate usage by Collegerolemodel.com Users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application, and Service and then close your browser. Third party advertisers on the Site and Application may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.

Web Beacons

Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Emailing Via a Collegerolemodel.com Account

As part of the Service, Collegerolemodel.com Users may communicate with Collegerolemodel.com Members through use of the “Contact Host” feature on the Site and Application. Where Collegerolemodel.com Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Collegerolemodel.com to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the “Contact Host” feature of the Site and Application, you may also speak with other Collegerolemodel.com Members over the phone. In these instances, Collegerolemodel.com will not share your phone number with the other Collegerolemodel.com Member, but will use your phone number to contact you over the phone to connect you with the other Collegerolemodel.com Member.

If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Collegerolemodel.com stores this information for the sole purpose of sending this one-time email.

Your friend may contact us to request that we remove this information from our database.

You can import contacts from your email account address book to invite them to send you a recommendation. We collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Collegerolemodel.com. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Collegerolemodel.com Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website at http://www.ftc.gov.

Information Sharing and Disclosure

Overview

The Site, Application, and Service can be used to facilitate the listing and booking of Accommodations. Listings for such Accommodations are made available via the Site, Application and Service by Hosts. Listings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Collegerolemodel.com User.

Collegerolemodel.com Members and Users

When you create a Collegerolemodel.com Account, we will set up a Collegerolemodel.com Account profile page for you. Your Collegerolemodel.com Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Collegerolemodel.com Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Collegerolemodel.com, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your “Profile Information”). We will display your Profile Information in your Collegerolemodel.com Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Collegerolemodel.com Users and consequently should reflect how much you want other Collegerolemodel.com Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.

Listings

If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of a HTML “widget”. We may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.

If you request to make a booking via the Site, Application, and Service, Collegerolemodel.com will share the following information about you with the applicable Host: (i) your first and last name; (ii) a link to your Collegerolemodel.com Account profile page; (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Host on such SNS; and (iv) an indication that the name that you provided to Collegerolemodel.com when you became a Member matches the name that you provided to the SNSs to which you have linked your Collegerolemodel.com Account. All of this information will enable the Host to decide whether to confirm or reject your booking. When a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address, and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number, and email address, so that the Guest and Host may contact one another directly. In no event is a Guest’s Billing Information shared with a Host.

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Collegerolemodel.com Users and improvement of the Site and Application’s features) or to assist us in analyzing how our Site, Application, and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. Third party vendors, including Google, use cookies to serve ads based on a Collegerolemodel.com User’s prior visits to Collegerolemodel.com. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

Compliance with Laws and Law Enforcement: Guarantee Program

Collegerolemodel.com cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Collegerolemodel.com or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Collegerolemodel.com Host Guarantee www.collegerolemodel.com.com/terms, to protect the property and rights of Collegerolemodel.com or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

Collegerolemodel.com may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at terms@collegerolemodel.com.com or editing the relevant part of their profile. If you would like us to cancel your Collegerolemodel.com Account, please contact us or select the “Cancel Account” feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Collegerolemodel.com Account. Please note that, if you cancel your Collegerolemodel.com Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.

Security

Collegerolemodel.com is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with: (i) the legitimate needs of law enforcement; or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Site and Application contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Some portions of the Collegerolemodel.com Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, http://www.google.com/policies/privacy/

Testimonials

With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.

Our Policy Toward Children

The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please visit our help center.

Host Guarantee Terms and Conditions

Last Updated: May 12, 2014

COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS AND CONDITIONS

Collegerolemodel.com, LLC.(hereafter referred to as “Collegerolemodel.com”, “we”, “us”, or “our”) provides an online platform that connects hosts (hereafter referred to as “Host,” “you,” or “your”) who have accommodations to rent with Guests (defined below) seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at http://www.collegerolemodel.com.com and any other websites through which Collegerolemodel.com makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Collegerolemodel.com website or one hundred Listings on multiple Collegerolemodel.com websites, you may benefit from the Collegerolemodel.com Host Guarantee program (“Collegerolemodel.com Host Guarantee”), the terms, limitations and conditions for which are set forth below (the “Collegerolemodel.com Host Guarantee Terms”). Please read these Collegerolemodel.com Host Guarantee Terms carefully.

YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS. If you accept or agree to these Collegerolemodel.com Host Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Collegerolemodel.com Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THIS COLLEGEROLEMODEL.COM HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES. YOUR FAILURE TO FULLY COMPLY WITH SUCH REQUIREMENTS AND CONDITIONS WILL ELIMINATE YOUR ENTITLEMENT TO BENEFITS UNDER THIS COLLEGEROLEMODEL.COM HOST GUARANTEE.

PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED ACCOMMODATION,” “COVERED LOSSES,” “EXCLUDED ACCOMMODATION,” AND “EXCLUDED PROPERTY” BELOW. THESE DEFINITIONS ARE ESPECIALLY SIGNIFICANT IF YOUR ACCOMMODATION IS A CONDOMINIUM, TOWNHOUSE, CO-OPERATIVE, APARTMENT, OR ANY OTHER UNIT IN A MULTIPLE-DWELLING STRUCTURE, COMPLEX, AND/OR DEVELOPMENT. TO THE EXTENT THIS HOST GUARANTEE COVERS REAL PROPERTY, IT COVERS ONLY REAL PROPERTY THAT YOU OWN. BECAUSE OF THE NUMEROUS VARIATIONS IN THE NATURE AND EXTENT OF OWNERSHIP INTEREST(S) IN MULTIPLE-DWELLING ARRANGEMENTS, COLLEGEROLEMODEL.COM STRONGLY RECOMMENDS THAT YOU CLOSELY REVIEW THE DOCUMENTS THAT GOVERN YOUR MULTIPLE-DWELLING ARRANGEMENT; THAT YOU CONSULT WITH YOUR OWNERS’ ASSOCIATION OR OTHER GOVERNING BODY; AND THAT YOU CONSULT WITH YOUR INSURANCE BROKER, SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THIS HOST GUARANTEE.

Except as permitted by law, these Collegerolemodel.com Host Guarantee Terms do not affect your statutory rights. If you would like a written copy of these Collegerolemodel.com Host Guarantee Terms, please contact Collegerolemodel.com at terms@collegerolemodel.com.com.

I. The Collegerolemodel.com Host Guarantee

Collegerolemodel.com agrees to pay you, as a Host, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in this Collegerolemodel.com Host Guarantee.

II. Key Defined Terms

The following capitalized terms shall have the meanings set forth below:

Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with property or material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

Collegerolemodel.com Insurance” means an insurance policy issued by an insurer to Collegerolemodel.com pursuant to which Collegerolemodel.com is insured against losses arising under this Collegerolemodel.com Host Guarantee.

Collegerolemodel.com Host Guarantee Payment Request Form” means Collegerolemodel.com’s standard form as amended from time to time, accessible through the Site at http://www.collegerolemodel.com.com/incidents/new, that a Host uses to request payment from Collegerolemodel.com pursuant to these Collegerolemodel.com Host Guarantee Terms.

Covered Accommodation” means an accommodation that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such accommodation, (ii) listed by you on the Site and booked by such Responsible Guest in compliance with the Collegerolemodel.com Terms of Service, (iii) not an Excluded Accommodation, and consists of one of the following:

  1. A house, cottage or similar dwelling and other structure attached to or located on the real property on which such dwelling is located (such as a garage) and fixtures appurtenant thereto;

 

  1. An individual dwelling unit that is an apartment, condominium, townhouse, co-operative, or other unit within a multiple-dwelling structure, complex, or similar type development (each, a “Dwelling Unit”);

 

  1. A motor vehicle rented through the Services and used solely for lodging purposes; or

 

  1. A boat rented through the Services and used solely for lodging purposes.

Covered Losses” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Accommodation caused by the Responsible Guest or an Invitee of the Responsible Guest while staying at such Covered Accommodation booked by such Responsible Guest through the Services (other than and excluding Excluded Losses).

Covered Property” means and is limited to the following property to the extent of your interest in such property:

  • A. Real property (which does not include Excluded Property or Covered Personal Property) that meets each of the following requirements (“Covered Real Property”):
    1. real property that you own or control; and

 

    1. constitutes either: (i) a Covered Accommodation; (ii) new buildings, structures and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest; and/or (iii) fixtures on such Covered Accommodation, including walls, windows, and doors that are part of such Covered Accommodation.

 

  • B. Personal Property means and is limited to tangible personal property (which does not include Excluded Property or Covered Real Property) that meets each of the following requirements (“Covered Personal Property”):

 

    1. tangible personal property that you own or for which you are legally responsible for physical loss or damage to such personal property, or are under an obligation to keep such property insured against physical loss or damage; and

 

    1. constitutes a Covered Accommodation (such as a motor vehicle or boat) or is located within such Covered Accommodation.

Excluded Accommodation” means:

  1. any condominium, townhouse, co-operative, apartment, or other unit within a multiple-dwelling structure, complex, or similar type development to the extent owned in whole or in part by anyone other than you, and

 

  1. any common area or easements in or associated with any Dwelling Unit located within a multiple-dwelling structure, complex, or similar type development, even if owned or partially owned by you, including any rights you or any other party may have to use or access such common area.

 

  1. A motor vehicle, vessel or boat to the extent not stationary or used for a purpose other than lodging, including without limitation any use of such vehicle, vessel or boat for transportation purposes.

Excluded Property” means the following:

  1. Currency, money, credit cards, debit cards, other charge cards, checks, negotiable instruments, precious metal in bullion form, notes, financial securities, and other financial instruments and products.

 

  1. Land, water, or any other substance in or on land; except this exclusion does not apply to land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property.

 

  1. Animals (including, but not limited to, livestock and pets). This exclusion encompasses all losses of or injuries to animal, all losses due to veterinary care, boarding, medications, and all other services associated with animals.

 

  1. Standing timber; growing crops.

 

  1. Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.

 

  1. Motor vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles) belonging to you or your employees. This exclusion does not apply with respect to any vehicle that is a Covered Accommodation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.

 

  1. Underground mines or mine shafts or any property within such mine or shaft.

 

  1. Dams, dikes and levees.

 

  1. Property in transit.

 

  1. Transmission and distribution lines beyond 1,000 feet of the Covered Accommodation.

 

  1. Any damage to any property that is not in or on a Covered Accommodation.

 

  1. Real property owned by a party other than you and that you do not control, and personal property owned by a party other than you and for which you are not legally responsible.

 

  1. Jewelry (including watches, rings, necklaces, and other articles which reasonably considered an item of jewelry).

 

  1. Collections and collectables (including, but not limited to) coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection).

 

  1. Fine Art or like articles which you received as a gift or donation.

 

  1. Furs.

 

  1. Food, liquor, wine, and other beverages.

 

  1. Firearms and weapons.

 

  1. Real property, except to the extent any such real property is expressly included in the definition of Covered Property.

 

  1. Any property interest or ownership interest of a party other than you in or to an accommodation.

 

  1. Any property interest or ownership interest of an association or similar body managing or governing the owners of a multiple-dwelling structure, complex, or similar type development.

Fine Arts” means paintings; etchings; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statues; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.

Fine Arts Limit” means two thousand U.S. dollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of five thousand U.S. dollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Collegerolemodel.com under these Collegerolemodel.com Host Guarantee Terms).

Guest” means a Member who has completed Collegerolemodel.com’s account registration process, has agreed to the Collegerolemodel.com Terms of Service, and who rents and stays on, at, or in a Covered Accommodation, for the period of the Listing.

Host” means a Member who has completed Collegerolemodel.com’s account registration process, has agreed to the Collegerolemodel.com Terms of Service, and who lists his/her Covered Accommodation(s) on the Site.

Invitee” means a person invited to be present at a Covered Accommodation by a Responsible Guest.

Limit” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Collegerolemodel.com under these Collegerolemodel.com Host Guarantee Terms.

Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.

Member” means a person who completes Collegerolemodel.com’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” process in the Collegerolemodel.com Terms of Service.

Original Cost” means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.

Responsible Guest” means the Guest to whom you, as a Host, rented the Covered Accommodation at which the Covered Property for which you request payment pursuant to these Collegerolemodel.com Host Guarantee Terms is physically situated.

III. Limitations and Exclusions

The Collegerolemodel.com Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following (“Excluded Losses”):

  • Emotional distress or injury, and/or bodily injury or death from any cause.

 

  • Losses to Excluded Property.

 

  • Losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes.

 

  • Losses or damages arising out of, or resulting from, your acts or omissions (other than an error or unintentional omission in the description of the location of the Covered Accommodation).

 

  • Losses or damages for which you are compensated or reimbursed from a source other than Collegerolemodel.com including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.

 

  • Losses or damages for Covered Property at or located in a specific Covered Accommodation in excess of the Limit in any consecutive twelve (12) month period. Whether this 12-month limit applies to any given loss will be determined by adding the amounts of losses [if any] paid under this Host Guarantee in connection with the specific Covered Accommodation in the twelve (12) months immediately preceding the date of loss.

 

  • Losses or damages for Fine Arts located in a specific Covered Accommodation (i) in excess of the Fine Arts Limit, or (ii) received as a gift or donation.

Losses to Covered Property resulting from indirect or remote causes.

  • Interruption of business, loss of market, loss of reputation or goodwill, and/or loss of use.

 

  • Loss, damage, or deterioration arising from any delay.

 

  • Mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.
  • Loss from enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use, or removal, including debris removal, or any property, or (ii) requiring the demolition of any property, including the cost of removing its debris.

 

  • Loss from actual or threatened malicious use of poisonous biological or chemical materials. This exclusion applies regardless of any other cause or event contributing concurrently or in any other sequence, to the loss.

 

  • Losses due to acts of war or terrorism.

 

  • Losses due to nuclear reaction, nuclear radiation, or nuclear contamination.

 

  • Losses from hostile or warlike action.

 

  • Losses from dishonest acts, including, but not limited to, fraud, theft, committed by or in collusion with: (i) you; (ii) any of your proprietors, partners, directors, trustees, officers, or employees, or (iii) any person or entity retained by you to do anything in connection with Covered Property.

 

  • Losses due to violations of any law, regulation, or ordinance.

 

  • Losses caused by theft, unless the theft is committed by a Responsible Guest or an Invitee.

 

  • Losses caused by lack of any of the following services not at a Covered Accommodation: (i) incoming electricity, fuel, water, gas, steam, or refrigerant; (ii) outgoing sewage; (iii) incoming or outgoing voice, data, or video.

 

  • Losses from faulty workmanship, material, construction or design.

 

  • Losses from deterioration, depletion, rust, corrosion, erosion, wear and tear, inherent vice, or latent defect.

 

  • Losses from settling, cracking, shrinking, bulging, or expansion of foundation or any component thereof, floors, pavements, walls, ceilings, or roofs.

 

  • Losses from changes of temperature or humidity.

 

  • Losses from insects, animals, or other vermin. This exclusion applies to losses caused by pets, regardless of whether such pets are owned by you, a Guest, and Invitee, or any other person or entity.

 

  • Losses from mold, mildew, fungus, spores, or other microorganisms.

 

  • Losses caused by a Guest or Invitee after the expiration of the rental period shown in the applicable Listing.

 

  • Losses due to wear and tear.

 

  • Losses arising from the loss of use of or loss of profit from Covered Property.

IV. Conditions to the Collegerolemodel.com Host Guarantee

IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT FROM COLLEGEROLEMODEL.COM UNDER THESE COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS. YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FROM COLLEGEROLEMODEL.COM FOR ANY COVERED LOSSES AND/OR ANY SUBMITTED CLAIMS. IN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE TO COLLEGEROLEMODEL.COM THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS.

You must have incurred Covered Losses.

The Covered Losses for which you seek payment must be covered under Collegerolemodel.com Insurance and payment to Collegerolemodel.com under such Collegerolemodel.com Insurance, and Collegerolemodel.com in its sole discretion may make its payment of benefits under this Collegerolemodel.com Host Guarantee Terms contingent upon the determination that any Covered Losses are covered under the Collegerolemodel.com Insurance.

You must have complied with the following safety conditions:

You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Collegerolemodel.com’s safety guidelines as described at http://www.collegerolemodel.com.com/safety.

You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number, and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.

You must have provided the Responsible Guest with clear written instructions on how the Responsible Guest and any Invitees should conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.

You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Collegerolemodel.com Host Guarantee Payment Request Form with Collegerolemodel.com within the earlier of: (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation; or (ii) the date by which the next subsequent rental of the same Covered Accommodation begins.

You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.

You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses. If you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek recovery to which you may be entitled, from any person or entity other than the Responsible Guest or Collegerolemodel.com, with respect to such Covered Losses.

For all Covered Property which is damaged or destroyed due to a violation or law or criminal act or misdemeanor and for which you are filing an Collegerolemodel.com Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S. dollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Collegerolemodel.com with a copy of such report, certified by you as true and correct.

You must provide Collegerolemodel.com with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents, or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Collegerolemodel.com.

You must deliver a signed and sworn proof of loss to Collegerolemodel.com within sixty (60) days after you have incurred the Covered Loss, unless such deadline is extended in writing by Collegerolemodel.com. The proof of loss must state your knowledge and belief as to the following:

The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.

The ownership, leasehold or other interest or you and all other parties in the Covered Property for which Covered Loss is claimed.

The Actual Cash Value of each item of the Covered Property that is the subject to the Covered Loss and the amount of such loss or damage to each item of such Covered Property; and all liens, encumbrances, mortgages, guarantees, and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.

Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.

The identity of and other information know about the Responsible Guest, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.

You must: (i) protect and preserve damaged Covered Property from further loss or damages; and (ii) promptly separate the damaged and undamaged Covered Property; put it in the best possible order; and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value, and amount of loss claimed.

You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Collegerolemodel.com’s insurer; (i) exhibit, to Collegerolemodel.com, it’s insurer or their respective designee, all that remains of any damaged Covered Property; (ii) submit to examination under oath by any person designated by Collegerolemodel.com or Collegerolemodel.com’s insurer and sign the written records of examination; and (iii) produce for examination, at the request of Collegerolemodel.com, its insurer or their respective designee, all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies of originals are lost).

You must permit Collegerolemodel.com or the designee(s) of Collegerolemodel.com’s insurer to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Collegerolemodel.com’s insurer to determine or warrant that damaged Covered Property is safe or healthful. Collegerolemodel.com or Collegerolemodel.com’s insurer will have no liability to you or any other person because of any inspection or failure to inspect.

You must provide Collegerolemodel.com with all information reasonably requested by Collegerolemodel.com to enable it to determine the Actual Cash Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Fine Arts, evidence of the Original Cost of such Fine Arts article in the form of original receipts or other evidence of payment of the purchase price for such Fine Arts article, and the date on which such Fine Arts article was purchased or acquired by you; and (ii) for Covered Property (other than Fine Arts), evidence of the fair market value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.

Upon Collegerolemodel.com’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest or other responsible party, which process will be conducted by Collegerolemodel.com or a third party selected by Collegerolemodel.com, with respect to Covered Losses for which you are requesting payment.

You must cooperate with Collegerolemodel.com, including signing any documents, and timely responding to any reasonable requests by Collegerolemodel.com for additional information or documentation that Collegerolemodel.com may require or request to process the applicable Collegerolemodel.com Host Guarantee Payment Request Form.

With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Collegerolemodel.com with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Collegerolemodel.com in writing of the lender/mortgagee’s request and transmit a written copy of said request to Collegerolemodel.com, and provide all other information to enable Collegerolemodel.com to communicate directly with the lender. If such loss is determined to be a Covered Loss, Collegerolemodel.com will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.

V. Disposition of Host Payment Requests

Collegerolemodel.com Host Guarantee Payment Request Form

Collegerolemodel.com will complete its processing of any Collegerolemodel.com Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Collegerolemodel.com Host Guarantee Payment Request Form, and (b) provided Collegerolemodel.com with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Collegerolemodel.com Host Guarantee” above and in any event we will use our commercially reasonable efforts to complete processing of your Collegerolemodel.com Host Guarantee Payment Request Form within three (3) months after Collegerolemodel.com’s receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to Collegerolemodel.com’s obligation to make payment to you, you will be required to execute and deliver to Collegerolemodel.com the “Collegerolemodel.com Host Guarantee Approved Payment Request Agreement”, which includes your agreement: (i) to assign to Collegerolemodel.com or its insurer any rights and remedies you may have to recover amounts paid by Collegerolemodel.com to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request; (ii) to reasonably cooperate with Collegerolemodel.com, including, at Collegerolemodel.com’s request, appearing as a witness in any court, arbitration or like proceeding, if Collegerolemodel.com seeks to recover the amount paid by Collegerolemodel.com to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party; (iii) to release and hold harmless Collegerolemodel.com and its insurer and all officers, directors, employees, contractors and agents of Collegerolemodel.com from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Collegerolemodel.com Host Guarantee Payment Request Form; (iv) to treat as “confidential information” the contents and existence of such Collegerolemodel.com Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement; and (v) to refund to Collegerolemodel.com any amounts that are erroneously paid by Collegerolemodel.com to you with respect to an Approved Payment Request, such determination by Collegerolemodel.com to be based upon factors including, but not limited to, documentation in Collegerolemodel.com’s possession, your actions, and police reports, if applicable.

The duration of Collegerolemodel.com’s processing period of any Collegerolemodel.com Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Accommodation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide Collegerolemodel.com regarding the Covered Losses; and (v) the number of Collegerolemodel.com Host Guarantee Payment Request Forms that Collegerolemodel.com is then currently processing for other Hosts.

Approved Payment Request

If you have filed a Collegerolemodel.com Host Guarantee Payment Request form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), Collegerolemodel.com will pay you the amount of the Covered Loss as determined below under “Determination of the Amount of the Covered Loss”. You will be notified by Collegerolemodel.com and, as a condition of payment hereunder, you will be required to deliver to Collegerolemodel.com an executed Approved Payment Request Agreement. Collegerolemodel.com may use third party service providers to assist in the processing of the Collegerolemodel.com Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, Collegerolemodel.com reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If Collegerolemodel.com pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made by Collegerolemodel.com pursuant to these Collegerolemodel.com Host Guarantee Terms, including without limitation any payments made by Collegerolemodel.com directly to the owner of any Covered Property.

Determination of the Amount of the Covered Loss

You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. Covered Property reasonably judged by you to be unfit for [reprocessing] or sale will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of Covered Property will go to: (i) Collegerolemodel.com at the time of the loss settlement; or (ii) you if such proceeds are received prior to loss settlement and such proceeds will reduce the amount of the loss payable to you.

You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged.

Amount of Covered Losses will be computed by Collegerolemodel.com as of the date of loss, at the location of the loss, subject to the following:

A. On exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information will not be paid.

B. On Fine Arts, the lesser of: (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; (iii) the current appraised value; or (iv) if the Fine Arts article is part of a pair or set, and a physically damaged article cannot be replaced, repaired, or restored to its immediate pre-loss condition, you will receive the full value of the pair or set or the current appraised value, whichever is less, provided that you surrender the pair or set to Collegerolemodel.com’s insurer.

C. For all Covered Property (other than that described in paragraphs A and B above), the lesser of: (i) the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of loss; (iv) the cost to replace un-repairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents and improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.

D. Any amount of any Covered Losses payable by Collegerolemodel.com under this Collegerolemodel.com Host Guarantee will be reduced by the amount paid to you or for your benefit by a Responsible Guest, Invitee or other source (such as an insurer or other responsible party).

Covered Losses will be paid in the currency of the United States of America unless, in Collegerolemodel.com’s sole discretion, Collegerolemodel.com elects to pay losses in a different currency. If currency conversions are required, rates exchange will be calculated based on those published in the Wall Street Journal.

COLLEGEROLEMODEL.COM RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MAKE COLLEGEROLEMODEL.COM’S PAYMENT FOR LOSSES CONTINGENT UPON THE ACCEPTANCE AND PAYMENT OF A COVERED LOSS UNDER THE COLLEGEROLEMODEL.COM INSURANCE. COLLEGEROLEMODEL.COM RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO PAY A HOST FOR A COVERED LOSS BEFORE THE INSURER OF SUCH COLLEGEROLEMODEL.COM INSURANCE ACCEPTS SUCH CLAIM AND/OR PAYS COLLEGEROLEMODEL.COM FOR THE CLAIM, OR TO DEFER PAYMENT TO YOU UNTIL THE INSURER ACCEPTS THE CLAIM AND/OR PAYS COLLEGEROLEMODEL.COM FOR SUCH COVERED LOSS IN ACCORDANCE WITH THE COLLEGEROLEMODEL.COM INSURANCE.

YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE COLLEGEROLEMODEL.COM INSURANCE POLICY. COLLEGEROLEMODEL.COM IS NOT CHARGING YOU FOR THIS COLLEGEROLEMODEL.COM HOST GUARANTEE OR FOR ANY PORTION OF COLLEGEROLEMODEL.COM’S INSURANCE PREMIUM UNDER THE COLLEGEROLEMODEL.COM INSURANCE. TO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORD BY THE COLLEGEROLEMODEL.COM HOST GUARANTEE, COLLEGEROLEMODEL.COM STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES IN THE EVENT COLLEGEROLEMODEL.COM OR IT’S INSURER DECLINES COVERAGE FOR CLAIMS UNDER THIS COLLEGEROLEMODEL.COM HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THIS COLLEGEROLEMODEL.COM HOST GUARANTEE.

VI. Acknowledgments and Agreements by the Host

You acknowledge and agree that:

  • This Collegerolemodel.com Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring that your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.

 

  • Collegerolemodel.com provides Hosts with the Collegerolemodel.com Host Guarantee benefits described herein free of charge solely for the purpose of promoting use of the Site, Application, and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application, and Services.

 

  • These Collegerolemodel.com Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Collegerolemodel.com Host Guarantee. Furthermore, these Collegerolemodel.com Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.

 

  • The benefits provided under these Collegerolemodel.com Host Guarantee Terms are solely as set forth in the paragraph entitled “Collegerolemodel.com Host Guarantee Benefits” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Collegerolemodel.com and/or its insurer reserve the right to independently investigate (or to have independently investigated) at Collegerolemodel.com’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Collegerolemodel.com Host Guarantee Payment Request Form that you file with Collegerolemodel.com, notwithstanding your delivery of all information and materials that you are required to provide Collegerolemodel.com in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Collegerolemodel.com Host Guarantee,” and regardless of the impact that Collegerolemodel.com’s exercise of the rights described herein will have on the time it will take for Collegerolemodel.com to complete processing such request form.

 

  • Collegerolemodel.com reserves the right, at any time, to offset or deduct from the amounts payable or paid by Collegerolemodel.com to you under these Collegerolemodel.com Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages.

 

  • Because these Collegerolemodel.com Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Collegerolemodel.com will be entitled to exoneration with respect to any potential guaranty obligation under these Collegerolemodel.com Host Guarantee Terms.

VII. Modification or Termination of Collegerolemodel.com Host Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, Collegerolemodel.com reserves the right to modify or terminate these Collegerolemodel.com Host Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Collegerolemodel.com terminates these Collegerolemodel.com Host Guarantee Terms in accordance with the foregoing, Collegerolemodel.com will provide you with notice of such termination and Collegerolemodel.com will continue to process all Collegerolemodel.com Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Collegerolemodel.com Host Guarantee Payment Request Forms will immediately terminate. If Collegerolemodel.com modifies these Collegerolemodel.com Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Collegerolemodel.com will continue to process all Collegerolemodel.com Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application, or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Collegerolemodel.com Host Guarantee Terms. If the modified Collegerolemodel.com Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services as a Host.

In addition to and without limiting Collegerolemodel.com’s rights set forth above in the immediately preceding paragraph, Collegerolemodel.com reserves the right to modify or terminate these Collegerolemodel.com Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Collegerolemodel.com Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Collegerolemodel.com is required to obtain a license or permit of any kind to continue to provide these Collegerolemodel.com Host Guarantee Terms in any jurisdiction; or (iii) Collegerolemodel.com determines or a court or arbitrator holds that the provisions of the Collegerolemodel.com Host Guarantee Terms violate applicable law. If Collegerolemodel.com modifies or terminates these Collegerolemodel.com Host Guarantee Terms in accordance with the foregoing, Collegerolemodel.com will process all Collegerolemodel.com Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

Collegerolemodel.com’s obligations hereunder are contingent upon the availability of insurance proceeds under Collegerolemodel.com’s insurance policy. The applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Guest booked or reserved the applicable Covered Accommodation or the date on which the Host listed the Covered Accommodation. If the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Guest’s stay, Collegerolemodel.com will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section.

VIII. Subrogation

Collegerolemodel.com and/or Collegerolemodel.com’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under this Collegerolemodel.com Host Guarantee by, or on behalf of, Collegerolemodel.com, you will assist in and cooperate fully with Collegerolemodel.com regarding any and all efforts at subrogation.

IX. Disclaimers and Limitations of Liability

IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK. THE COLLEGEROLEMODEL.COM HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COLLEGEROLEMODEL.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COLLEGEROLEMODEL.COM MAKES NO WARRANTY THAT THE COLLEGEROLEMODEL.COM HOST GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COLLEGEROLEMODEL.COM OR THROUGH THE SITE, APPLICATION, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION, AND SERVICES REMAINS WITH YOU. NEITHER COLLEGEROLEMODEL.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, AND SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, AND SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION, AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLEGEROLEMODEL.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR COLLEGEROLEMODEL.COM’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS, IN NO EVENT WILL COLLEGEROLEMODEL.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE COLLEGEROLEMODEL.COM HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION, AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY COLLEGEROLEMODEL.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLLEGEROLEMODEL.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

X. General Provisions

Indemnification

You agree to release, defend, indemnify, and hold Collegerolemodel.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Collegerolemodel.com Host Guarantee Terms.

If you rent (rather than own) the accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation. You are fully responsible for securing the lessor’s permission to list the accommodation with Collegerolemodel.com and complying with the scope of any permission granted.

Entire Agreement

These Collegerolemodel.com Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Collegerolemodel.com and you regarding the Collegerolemodel.com Host Guarantee and these Collegerolemodel.com Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Collegerolemodel.com and you regarding the Collegerolemodel.com Host Guarantee.

Assignment

You may not assign or transfer these Collegerolemodel.com Host Guarantee Terms, by operation of law or otherwise, without Collegerolemodel.com’s prior written consent. Any attempt by you to assign or transfer these Collegerolemodel.com Host Guarantee Terms, without such consent, will be null and of no effect. Collegerolemodel.com may assign or transfer these Collegerolemodel.com Host Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, these Collegerolemodel.com Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Collegerolemodel.com Host Guarantee Terms, will be in writing and given by Collegerolemodel.com (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law

These Collegerolemodel.com Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

Dispute Resolution

General

You and Collegerolemodel.com agree that any dispute, claim, or controversy arising out of or relating to these Collegerolemodel.com Host Guarantee Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Collegerolemodel.com 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 Collegerolemodel.com otherwise agree in writing, 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 “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Collegerolemodel.com Host Guarantee Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/si.asp?id=3477 and a separate form for California residents at http://www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Collegerolemodel.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Collegerolemodel.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Collegerolemodel.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Arbitration Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Collegerolemodel.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification or Termination of Collegerolemodel.com Host Guarantee Terms” section above, if Collegerolemodel.com changes this “Dispute Resolution” section after the date you first accepted these Collegerolemodel.com Host Guarantee Terms (or accepted any subsequent changes to these Collegerolemodel.com Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to terms@collegerolemodel.com.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Collegerolemodel.com’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Collegerolemodel.com in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Collegerolemodel.com Host Guarantee Terms (or accepted any subsequent changes to these Collegerolemodel.com Host Guarantee Terms).

Waiver and Severability

The failure of Collegerolemodel.com to enforce any right or provision of these Collegerolemodel.com Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Collegerolemodel.com. Except as expressly set forth in these Collegerolemodel.com Host Guarantee Terms, the exercise by either party of any of its remedies under these Collegerolemodel.com Host Guarantee Terms will be without prejudice to its other remedies under these Collegerolemodel.com Host Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Collegerolemodel.com Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Collegerolemodel.com Host Guarantee Terms will remain in full force and effect.

XI. Contacting Collegerolemodel.com

If you have any questions about these Collegerolemodel.com Host Guarantee Terms, please contact Collegerolemodel.com at terms@collegerolemodel.com.com.

Guest Refund Policy Terms

These terms and conditions govern the Collegerolemodel.com Guest Refund Policy (the “Guest Refund Policy ”) available to Guests who book and pay for an Accommodation listed by a Host through the Collegerolemodel.com platform (the “Site”) and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.

  1. Travel Issue. A “Travel Issue” means any one of the following:
    (a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).

(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:

 

(i)             the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms);

 

(ii)           whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation;

 

(iii)          (iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems; or

 

(iv)          the physical location of the Accommodation (proximity).
at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Collegerolemodel.com’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the listing.

  1. The Guest Refund Policy. If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either: (i) reimburse you up to the amount paid by you through the Site, as determined by Collegerolemodel.com in our discretion, depending on the nature of the Travel Issue suffered; or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features, and quality. All determinations of Collegerolemodel.com with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts.

 

  1. Conditions to Claim a Travel Issue. Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:

 

  1. You must bring the Travel Issue to our attention in writing (collegerolemodel.com.com/contact) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.

 

  1. You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).

 

  1. You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.

 

  1. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and do not present a Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve Guest issues.
    If you are a Host, and if (i) Collegerolemodel.com determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) Collegerolemodel.com either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse Collegerolemodel.com up to the amount paid by Collegerolemodel.com within 30 days of Collegerolemodel.com’s request. All determinations of Collegerolemodel.com with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that in order for you to reimburse Collegerolemodel.com up to the amount paid by Collegerolemodel.com, Collegerolemodel.com may off-set or reduce any amounts owed by Collegerolemodel.com to you by this amount. If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you. If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.
    The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue you may notify us in writing (collegerolemodel.com.com/contact) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim. You agree that all determinations of Collegerolemodel.com with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Collegerolemodel.com, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.

 

  1. General Provisions.

 

  1. No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

 

  1. Modification or Termination. Collegerolemodel.com reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If Collegerolemodel.com modifies this Guest Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Collegerolemodel.com will continue to process all claims for Travel Issues made prior to the effective date of the modification.

 

  1. Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Collegerolemodel.com and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Collegerolemodel.com and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Collegerolemodel.com Terms of Service.

 

  1. Controlling Law. This Guest Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

 

  1. Limitation of Liability. IN NO EVENT WILL COLLEGEROLEMODEL.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS COLLEGEROLEMODEL.COM POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY COLLEGEROLEMODEL.COM FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE Site, Application, and Services AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.

 

  1. Contacting Collegerolemodel.com. If you have any questions about the Guest Refund Policy, please contact Collegerolemodel.com at http://collegerolemodel.com.com/contact.

Copyright Policy

Notification of Copyright Infringement:

Collegerolemodel.com, LLC.(“Collegerolemodel.com”) respects the intellectual property rights of others and expects its users to do the same.

It is Collegerolemodel.com’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Collegerolemodel.com will respond expeditiously to claims of copyright infringement committed using the Collegerolemodel.com website and mobile application (the “Site and Application”) that are reported to Collegerolemodel.com’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Collegerolemodel.com’s Designated Copyright Agent. Upon receipt of the Notice as described below, Collegerolemodel.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

 

  1. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

 

  1. Provide your mailing address, telephone number, and, if available, email address.

 

  1. Include both of the following statements in the body of the Notice:

 

  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

 

  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

  1. Provide your full legal name and your electronic or physical signature.

 

  1. Deliver this Notice, with all items completed, to Collegerolemodel.com’s Designated Copyright Agent:

Copyright Agent
c/o Collegerolemodel.com, LLC.
888 Brannan Street
San Francisco, CA 94103
terms@collegerolemodel.com.com

Safe Harbor Notice

COLLEGEROLEMODEL.COM, LLC.
GENERAL EEA/CH SAFE HARBOR NOTICE

Effective, May 12, 2014

SCOPE OF SAFE HARBOR CERTIFICATION

Collegerolemodel.com, LLC.(“we”) recognize(s) that the European Community has established a data protection regime pursuant to Directive 95/46/EC (the “Directive”). The Directive applies to the European Economic Area (“EEA”). Switzerland has also established a data protection regime pursuant to the Federal Act on Data Protection (“FADP”). These regimes restrict companies in the EEA and Switzerland (collectively, “EEA/CH”) from transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States.

To create such “adequate protection” and allow its subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and the FADP, Collegerolemodel.com, LLC adheres to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that subsidiaries, customers and other business partners in the EEA/CH send to Collegerolemodel.com, LLC.(“EEA/CH Data”). More information on the Safe Harbor Principles and Collegerolemodel.com, Inc.’s scope of participation is available at http://export.gov/safeharbor/.

SCOPE OF THIS NOTICE

This Notice applies to EEA/CH Data relating to data subjects residing in the EEA/CH (“EEA/CH Persons”) Collegerolemodel.com, LLC receives from affiliated and unaffiliated companies, customers (including guests and hosts) and business partners, via our European-facing websites (including, but not limited to, www.collegerolemodel.com.co.uk, www.collegerolemodel.com.de, www.collegerolemodel.com.es, etc.). This Notice and our Safe Harbor registration does not apply to data received through www.collegerolemodel.com.com. This Notice does not apply to personal data that we receive in the context of employment with Collegerolemodel.com, LLC or one of our subsidiaries; separate notices address such excepted situations. The English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.

CATEGORIES OF EEA/CH DATA

We receive certain information from users of our platform, including current and former hosts, guests and members of the public who may search our platform, and from individual representatives of Collegerolemodel.com, Inc.’s corporate business partners, such as service providers, vendors and suppliers. Such EEA/CH Data includes, without limitation, names, addresses, phone numbers, email addresses, internet addresses, and any other personal data that are affirmatively provided to Collegerolemodel.com, LLC in order to provide the platform or manage our business relationships.

PURPOSES
We collect and use EEA Data for purposes of providing the platform to our users, transmitting marketing emails and performing other marketing activities, and conducting related tasks for legitimate business purposes.

 

DISCLOSURE
We share EEA/CH Data with our subsidiaries, affiliates, and contractors. We also share EEA/CH Data with other third parties as instructed by us and in order to comply with our binding contracts and as required or permitted by law. With respect to marketing e-mails from Collegerolemodel.com, Inc., EEA/CH Persons may opt-out by submitting an e-mail request to safeharbor@collegerolemodel.com.com with “Opt-Out” in the subject line, or by following opt-out instructions that are contained in each marketing email. EEA/CH Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for Collegerolemodel.com, LLC to provide services. We may also disclose EEA/CH Data if legally required or permitted by law and we have a legitimate business interest in such disclosure.

ACCESS AND REVIEW

EEA/CH Persons whose EEA/CH Data Collegerolemodel.com, LLC holds as a data controller may request access to, and the opportunity to update, correct or delete some or all of the EEA/CH Data that Collegerolemodel.com, LLC holds about them. To submit such requests or raise any other questions, please contact the Collegerolemodel.com, LLC Safe Harbor Contact as described below. Collegerolemodel.com, LLC reserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by the Safe Harbor Principles.

SAFE HARBOR CONTACT

Please e-mail any comments or questions regarding our safe harbor compliance to safeharbor@collegerolemodel.com. If you have a comment or question that cannot be resolved with Collegerolemodel.com, LLC directly, you may contact the competent local data protection authority in your EEA/CH Member State if it falls within the scope of this Notice. As stated above, the English language version of this Notice constitutes the operative version of this Notice, and any translated versions are provided as a convenience.

Tracking and Do Not Track Signals

While browsers allow you to disable the usage of cookies, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We will not, for any marketing purposes, load cookies/web beacons or any other kind of software that tracks your general behavior while you are visiting third party websites or using third party mobile applications. We do, however, track if you click on advertisements for Collegerolemodel.com services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may also track your activities on third party websites and mobile platforms in the following circumstances:

  • As described in our Privacy Policy (at the “Privacy Policy” tab at http://www.collegerolemodel.com.com/terms), including but not limited to the “Cookies,” “Personally Identifiable Information” and “Log Data” sections;

 

  • When you link your account on a third party site with social networking functionality to your Collegerolemodel.com account;

 

  • To show you content (which may include advertisements) that is more relevant to you; and

 

  • For fraud prevention, risk assessment and regulatory compliance purposes.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Site and Application for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and Application and pay for your activities on the Site and Application. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Site and Application to market and advertise our services to you.

Third parties may not collect information about individual consumers’ online activities on the Site and Application except as described in our Privacy Policy (at the “Privacy Policy” tab at http://www.collegerolemodel.com.com/terms), including but not limited to the “Personally Identifiable Information”, “Cookies”, and “Log Data” section