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Terms Of Use

BASIC CONDITIONS

This is a binding agreement. These terms of use (“Terms of Use”) contain the terms and conditions that apply to your use of the CollegeHunch® mobile application (the “App”), which enables you, through your iOS device ("Mobile Device"), to view and compare information about colleges and universities (“Colleges”). This is a legally binding agreement between you and Stipend, LLC, the owner of the App (“Stipend” or “we”), and you agree to comply with these Terms of Use, which will remain in full force and effect as long as you use the App.

You have a limited license to use the App. You are granted a limited, non-transferable, non-exclusive, revocable license to download, run and use the App on your Mobile Device subject to these Terms of Use (the “User License”).

Who you are. The App is for use by U.S. residents while they are located in the United States. These Terms of Use assume that you are a student, but they also apply to you if you are a parent, an in-school guidance counselor or an independent college counselor (each, a “College Counselor”), or any other person who uses the App.

WHAT THE APP IS (AND ISN’T) AND HOW YOU SHOULD USE IT

The App is a research tool. The App is a reference tool that you can use to research Colleges. The App is not intended to serve as a substitute, and you should not use it as a substitute, for visiting individual College websites, contacting College admissions officers, arranging visits to College campuses, and consulting with your own guidance counselor, parents, and other advisors. This limitation on the scope of the App is especially important in light of the limitations on the data that the App provides, which are described in the next few paragraphs and in the Disclaimer of Warranties and Limitation of Liability below.

The App is designed for students attending U.S. high schools applying to be first-time college freshmen. Requirements, deadlines and other College Data that appear in the App may not apply to transfer students, home-schooled students, and other students who are not applying to college directly from U.S. high schools. Make sure to consult each College's website for information that corresponds specifically to your student status.

The App does not cover all Colleges The inclusion or exclusion of a College in the App does not constitute a value judgment regarding the merits of that particular institution. With certain exceptions, the App includes four-year, U.S. public and private colleges and universities offering bachelor-degree programs. However, it does not include all schools that fit these criteria. It also does not contain community colleges, primarily because sufficient data is not available to complete community college profiles. Although we may add additional colleges at any time, we do not intend to cover all colleges. Therefore, you should not limit your college search to those schools covered by the App.

Certain data may not be accurate. Although we have used commercially reasonable efforts to provide a comprehensive, accurate and relevant snapshot of each College using sources that we considered reliable, the factual and statistical information that the App provides with respect to a College’s admissions requirements, enrollment statistics, freshman/undergraduate profiles, and policies and deadlines (“Data”) may not be accurate. Here’s why:

Not all Colleges provide information on the same schedule, and individual Colleges may change certain Data between updates of the App, so it is possible that, at any point in time, Data for some Colleges may be outdated or inconsistent. For example, financial aid data may be inconsistent with tuition data since that data is released at a later date. In addition, policies, deadlines and award amounts associated with scholarships change regularly. Therefore, scholarship information described in the App may no longer be valid.

College Data may be different or inconsistent, depending on the data source. In some cases, Stipend may have tried to resolve inconsistencies and present the Data that it reasonably deemed to be accurate. In other cases, Stipend may have imputed certain statistics from other data. Also, some Colleges provide weighted or otherwise re-calculated GPA’s while others provide unweighted GPA’s. For this reason, this statistic and others like it are not directly comparable across all Colleges.

Some Colleges do not provide certain kinds of Data that prospective students are likely to expect to see. In such cases, to provide a snapshot of the Colleges that will induce students to include as many Colleges as possible in their research, Stipend may have interpolated, extrapolated, or otherwise imputed missing Data from other Data that a College makes publicly available or from other available Data sources that Stipend considers to be reliable.

Many Colleges have instituted test-optional policies, some of which are temporary and subject to change. In some cases, to be eligible for certain scholarships or programs, students must submit standardized test scores. In other cases, there may be additional requirements for students who do not submit test scores. Although we may provide certain details regarding test-optional policies, they may not be comprehensive or up to date.

For all these and other reasons, you are responsible for confirming all Data about each College that interests you through that College’s website or directly with the admissions office of the College.

Double-check all calendar data. Although we have tried to provide an accurate snapshot of each College's academic calendar, the dates and deadlines shown may not be up to date for the upcoming fall year. For Colleges with rolling admissions policies, which often have no fixed deadlines, we have endeavored to provide priority deadlines for applications, scholarships or financial aid so that you do not miss an opportunity to qualify. Colleges with Early Decision and/or Early Action policies have different deadlines. For such colleges, the header shows the first Early Decision and/or Early Action deadline, and Regular Decision or priority deadline. In addition, beneath the header, you will see deadlines for submission of test scores, recommendations, scholarships and financial consideration, and student replies that correspond to Regular Decision deadlines or priority deadlines. Please consult each College's website or contact the College’s admissions office for up-to-date policies and deadlines before entering any date into your calendar or relying upon it in connection with your application to that College.

The “similar schools” list is just a starting point. When you are looking at a College through the App, the App will offer you a list of “Similar Schools.” A College might be listed under “Similar Schools” for many different reasons: because it is in the same geographic area as the College you are looking at, because it has a similar number of students, because it is considered to be equally academically challenging, or for some other reason. While a “Similar Schools” list may give you some ideas, you need to do your own research to find out which Colleges would really be viable alternatives for you.

Any opinions expressed are solely those of Stipend. Any opinions expressed or judgments offered by Stipend as part of commentary regarding use of the App, blogs, writings, or other Stipend information related to Colleges, represent solely those of Stipend and no other party. You should not rely upon them as fact and you should form your own conclusions based on your own research. The App is a research tool, and not the final word on any subject or issue.

The App may not always be available. The App is available to Mobile Devices running the three most recent versions of Apple’s iOS operating system. We use reasonable efforts to make the App available at all times. However, the App is provided over the Internet and cellular networks, and the quality and availability of the App may be affected by factors outside our reasonable control. We also may restrict, suspend, or block access to the App for maintenance, operational or technical reasons, without prior notice.

WHAT YOU MAY NOT DO WITH THE APP

  • You may not copy, sell, distribute, operate, display, or modify the App or use the App, any spreadsheet that you create within the App to compare Colleges (a “Spreadsheet”), or any other App Content (which is defined below under “Intellectual Property”) in any way that:
    • Infringes the trademark, copyright, or other proprietary rights of Stipend, any College, or any other third party whose Data is included in the App. Among other things, this means you may not copy any App Content and provide it to someone else.
    • Constitutes use of the App other than your personal, non-commercial use. Among other things, this means that you may not sell or provide Data from the App or any other App Content to others, or export or otherwise provide Spreadsheets to your friends and other students, or, if you are a College Counselor, export or otherwise provide Spreadsheets to your students or clients.
    • Is unlawful, fraudulent, or deceptive. Among other things, that means that you may not delete the CollegeHunch® trademark from any Spreadsheet or represent that the Spreadsheet is your own work product.
    • Encourages conduct that would constitute a criminal offense or give rise to civil liability.
    • Seeks to reverse-engineer the App.
    • Encourages others to let you research Colleges for them rather than download the App themselves. Among other things, this means that you may not export or otherwise provide Spreadsheets to your friends and other students (or, if you are a College Counselor, export or otherwise provide Spreadsheets to your students or clients) so that they can get Spreadsheets without buying them through the App.
    • Violates these Terms of Use in any manner.
  • We reserve the right, in our sole discretion, to monitor your export of Spreadsheets and terminate your User License (as provided below under “Termination”) if we notice activity that indicates in our sole discretion that you are exporting Spreadsheets in violation of these Terms of Use.

HOW WE MAY COMMUNICATE WITH YOU THROUGH THE APP

We may contact you in different ways. Stipend may provide notifications to you via email notice, “push” or other notifications on your Mobile Device, or through posting of such notices in the App. Be sure to read notifications that appear in the App since they may contain notices of updates to our policies or other important information.

Make sure you can get our emails. Stipend is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@collegehunch.com to the approved correspondent list in your email address book to help ensure that you receive any notifications from us that we may send by email. If you register with a fake email address, you will not be able to receive such notifications. We are not responsible for your failure to receive important information from us, including changes to the Privacy Statement (see link below), if we choose to send out such information by email and you have provided a fake email address.

INTELLECTUAL PROPERTY

Who owns what in the App. We own all rights in the App, including, without limitation, the copyright in the App software and certain text, graphics and other content (the “App Content”), as well as the CollegeHunch®, the CollegeHunch logo, The Source for College Search® and The Mobile Source for College Search® trademarks (all together, for purposes of these Terms of Use, “App Intellectual Property”). Each College owns its own trademarks. Images are reproduced and displayed under license from iStock® and Adobe Stock® and other image owners and licensors.

Copyright infringement claims. If you believe that content that you own has been reproduced in the App without your permission, you may write to info@collegehunch.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located in the App; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or you are authorized to act on the copyright owner's behalf.

OTHER IMPORTANT LEGAL TERMS

Why these terms are important. The remaining paragraphs include or cover promises that you are making to us, limitations on our responsibility for the Data, limits on when and where you can assert a legal claim against us, releases of certain claims, our right to terminate your use of the App, your privacy rights, and other terms that govern your use of the App.

Representations and warranties. You represent and warrant that (1) you are age 13 or older, (2) you are located in the United States and will not transfer the App to any person outside the United States, (3) you are an authorized user of the Mobile Device through which you are accessing the App and that you are authorized to enter into these Terms of Use on behalf of the subscriber of the mobile provider for the Mobile Device, and (4) you are not listed on any government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, PARTNERS, AGENTS, DEVELOPERS, AND SUPPLIERS (THE “STIPEND PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (1) ANY WARRANTY THAT THE DATA REGARDING ANY COLLEGE LISTED IN THE APP IS ACCURATE, TIMELY, COMPLETE, OR RELIABLE, INCLUDING, WITHOUT LIMITATION, ANY DATA RELATED TO ADMISSIONS REQUIREMENTS OR POLICIES, APPLICATION DEADLINES, ENROLLMENT STATISTICS, GPA AND TEST-SCORE STATISTICS, FINANCIAL AID QUALIFICATIONS AND DEADLINES, AVAILABILITY OF SCHOLARSHIPS, AND FRESHMAN/UNDERGRADUATE PROFILES, (2) ANY WARRANTY THAT THE APP IS FREE OF ERRORS OR BUGS, (3) ANY WARRANTY THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4) ANY WARRANTY THAT THE APP WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, DATA BREACHES, OR OTHER SECURITY INTRUSION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES, SO SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP. UNDER NO CIRCUMSTANCES WILL ANY STIPEND PARTY BE LIABLE TO YOU OR RESPONSIBLE IN ANY WAY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, YOUR FAILURE TO SUBMIT APPLICATION DOCUMENTS FOR ADMISSION TO A PARTICULAR COLLEGE OR FOR FINANCIAL AID FROM A PARTICULAR COLLEGE BY THE CORRECT DEADLINE, WHETHER OR NOT SUCH DAMAGES ARISE (1) FROM YOUR USE OR MISUSE OF THE APP, (2) FROM YOUR INABILITY TO USE THE APP, (3) FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR ANY TELECOMMUNICATION FAILURES, (4) OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP, OR (5) IN ANY OTHER WAY, EVEN IF SUCH DAMAGE WAS FORESEEABLE OR EVEN IF THE STIPEND PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY ACTION OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE STIPEND PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

RELEASE. YOU RELEASE THE STIPEND PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY, ANY CLAIM THAT A THIRD PARTY HAS AGAINST YOU, OR ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY, THROUGH YOUR USE OF THE APP.

WAIVER. YOU UNDERSTAND THAT BY USING THE APP, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE A RESIDENT OF ANOTHER STATE OR TERRITORY WITH A SIMILAR LAW, YOU EXPRESSLY WAIVE THE BENEFITS OF SUCH LAW.

Indemnity. You will indemnify and hold harmless the Stipend Parties from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees, made, brought or asserted by any third party (which means anyone other than you or us) due to or arising out of your use of the App, including, without limitation, any claim arising from your breach of these Terms of Use. This obligation will survive termination of these Terms of Use, which means that even after you stop using the App, you will still be bound.

Privacy. You agree to our privacy policy, which you can read here. The Privacy Statement explains what personally identifying information and other personal information is collected through the App, how it is used, how and where it is stored, and who has access to it. It also explains your rights with respect to your personally identifying information By providing us with the personally identifying information that is described in the Privacy Statement, you expressly consent to our collecting that information and to our using, storing and sharing it as provided in the Privacy Statement.

Governing law. These Terms of Use are governed by and will be construed according to the laws of the State of Florida without regard to its conflicts of laws rules.

Disputes; time limit on claims. We expect users of the App to abide by the Terms of Use as stated herein. We do not anticipate that any disputes will arise as a result of your using the App, and should any issue arise, we believe that we will be able to resolve it. However, in the event that we are not able to resolve a dispute or issue, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE APP OR ANY PART OF THESE TERMS OF USE, INCLUDING CLAIMS AND DISPUTES THAT AROSE BETWEEN US BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, AS FOLLOWS:

  • Before initiating any arbitration proceeding, either you or we will first discuss the matter informally for at least 30 (thirty) days. To initiate such a discussion, we will contact you at the email address we have for you, or you may contact us by sending your full name and contact information, your concern and your proposed solution by email to us at info@collegehunch.com.
  • If we are unable to mutually agree upon a resolution after the 30-day period, any claim you may have against us regarding the App or these Terms of Use will be resolved through binding arbitration administered by JAMS ( https://www.jamsadr.com/) and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures.
  • Any claim must be filed in arbitration with JAMS WITHIN ONE YEAR after the claim arose; otherwise, the claim will be waived.
  • You may arbitrate with us only in your individual capacity, not as a representative or member of a class (i.e., a group of people). That means that your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
  • In order to reduce the legal fees of both you and us, arbitration hearings will be exclusively held by video conference or audio conference. Each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. There will be a single arbitrator. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. The arbitrator's decision will be binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
  • Both you and we will keep all information about the arbitration and any arbitration award CONFIDENTIAL, except as may be necessary to prepare for or conduct the arbitration hearings on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  • In arbitration, (i) the arbitrator will not be authorized or empowered to award indirect or consequential damages, (ii) neither you nor we will seek punitive or exemplary damages, and (iii) the arbitrator may award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration (“Prevailing Party’s Costs”). If the arbitrator determines one party to be the prevailing party under circumstances where the prevailing party prevailed on some but not all of the claims and counterclaims (if any), the arbitrator may award the prevailing party an appropriate percentage of the Prevailing Party’s Costs.
  • You acknowledge that by agreeing to arbitrate, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute resolved by a judge.
  • You and we adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure as it exists on the date of these Terms of Use with respect to any final award in an arbitration arising out of or related to these Terms of Use.
  • Notwithstanding the statement made above with respect to applicable substantive law, any arbitration that is conducted pursuant to these Terms of Use will be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16, as amended).
  • If you have a claim that qualifies for resolution in a small claims court, you may assert that claim in small claims court in Fort Lauderdale, Florida on an individual basis only (i.e., not as part of a class action and not as a member of any class).
  • If you're not sure what all of this means, please feel free to ask an attorney.

Termination. We reserve the right, in our sole discretion, to terminate your User License, assist law enforcement in the prosecution of criminal liability, demand that you remove the App from your Mobile Device, terminate your access to the App, or assert a civil or criminal legal action on account of your use of the App that we reasonably believe is or might be in violation of these Terms of Use, including but not limited to, a complaint made to us that you have violated Stipend’s or a third party's intellectual property or other rights.

Waiver; Severability. Either party’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

Changes to Terms of Use. We will use commercially reasonable efforts to give you notice of any material changes to these Terms of Use (as well as to the Privacy Statement) through a notification within the App or by email to the address you provided when you registered on the App. However, since a notification in the App is transitory, you should regularly consult the Terms of Use and the Privacy Statement to see whether they have been updated by checking the date of the last update at the bottom of the documents. If we notify you of a change to these Terms of Use or a change to the Privacy Statement, and you continue to use the App after the date on which the change takes effect, you will be bound by the changed Terms of Use and the revised Privacy Statement. Again, we are not responsible if you fail to receive any notifications that we may send by email if you have registered with a fake email address or they are returned to us as undeliverable for any reason.

These Terms of Use were last updated on March 10, 2022.

These Terms of Use were previously updated on April 20, 2019.