The following terms and conditions (the "Terms and Conditions") govern your access to and use of the Web Site located at FreshmanSupport.com (the "Site" or "Web Site"). For the purpose of these Terms and Conditions, Web Site is inclusive of all accessible products and materials whether free or for a fee located at FreshmanSupport.com. The FreshmanSupport.com Web Site is made available by Texas StudyAbroadSupport.com, LLC ("FreshmanSupport", "we" or "us"). The term "you" refers to anyone who uses or visits the Web Site in any capacity, including but not limited to a Member or Contributor as defined below or a user of the Web Site or user that has linked to the Web Site from an affiliate or third party website. These Terms and Conditions constitute a binding agreement between you and FreshmanSupport, and are deemed accepted by you each time that you use or access the Web Site. If you do not accept the Terms and Conditions stated herein, you should not visit or use the Web Site. We may change these Terms and Conditions from time to time, by posting such changes on the Web Site. You should visit this page periodically to review the most current Terms because they are binding on you. Anyone who violates these Terms and Conditions may have their access and use of the Web Site suspended or terminated at FreshmanSupport's discretion.
The term "Contributor" refers to an individual who is simply a user of the Web Site providing college information, admission information and advice and/or financial aid advice and related services. The term "User" refers to all users of the Web site, including Contributors. The term "Roomie Match" refers to any roommate matching services provided on the Web Site, including, without limitation, the Roomie Match service.
The Web Site includes a variety of features and services, including allowing Users to connect with each other to obtain information or advice in connection with college admission, college information and/or financial aid advice and related services as set forth below.
The Chat Room areas of the Web Site facilitate communication and the exchange and sharing of information between Users. FreshmanSupport does not take part in the interaction between Users but reserves the right to monitor such exchanges and communications. Contributors are solely responsible for reporting and payment of all taxes associated with fees transferred by FreshmanSupport, if any.
You do hereby represent, understand and expressly agree that FreshmanSupport does not have control over the accuracy, reliability, suitability, timeliness, quality, legality or any other aspect whatsoever of the services actually delivered by the Contributors, nor of the integrity, responsibility or any of the actions whatsoever of the Users. FreshmanSupport makes no representations and does not assume any responsibility about the suitability, reliability, timeliness, and accuracy of the services provided by Contributors through the Web Site whether in public, private or offline interactions. FreshmanSupport does not assume and expressly disclaims any liability that may result from the use of this information.
FreshmanSupport does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by Contributors through live chat, written material, recorded video or audio, or any other medium. Users should not consider anything to be a referral, endorsement, recommendation or guarantee by FreshmanSupport of the Contributors' advice, guidance, information or other services. FreshmanSupport does not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the Web Site and anything spoken or written by its Contributors, including any information contained in any Contributor listings or profiles or included in other FreshmanSupport products. FreshmanSupport will not be liable for any damages sustained due to reliance by Users on information or advice provided by any Contributor. The advice, guidance, or information provided by the Contributors is for informational purposes only and cannot be considered a substitute for professional advice.
You do hereby represent, understand and expressly agree that FreshmanSupport does not have control over the accuracy, reliability, suitability, timeliness, quality, legality or any other aspect whatsoever of the services actually delivered by the Contributors in any medium, nor of the integrity, responsibility or any of the actions whatsoever of the Users. FreshmanSupport makes no representations and does not assume any responsibility about the suitability, reliability, timeliness, and accuracy of the information and services provided by Contributors through the Web Site whether in public, private or offline interactions. FreshmanSupport does not assume and expressly disclaims any liability that may result from the use of this information.
FreshmanSupport is not responsible for your conduct, whether online or offline. You do hereby expressly agree not to hold FreshmanSupport (or FreshmanSupport's officers, directors, managers, owners, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the Web Site and FreshmanSupport and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
You must be 13 years of age or older to visit or use the Web Site in any manner, and, if under the age of 18 or the age of majority (if older than 18) as that is defined in your jurisdiction, must use the Web Site under the supervision of a parent or legal guardian.
By visiting the Web Site and/or accepting these Terms and Conditions, you represent and warrant to FreshmanSupport that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms and Conditions or that you will use the Web Site only under the supervision of a parent or legal guardian. You also represent and warrant to FreshmanSupport that you will use the Web Site in a manner consistent with any and all applicable laws and regulations.
You must be 18 years of age or older to register a profile on the Web Site. If you are under the age of 18 but have obtained permission from your parent or legal guardian, you may also register a profile. If you are under 18 and interested in registering a profile on the Web Site but do not have permission from your parent or legal guardian, please contact FreshmanSupport by emailing users@FreshmanSupport.com, and writing "Permission" in the subject line to learn more about selected services which may be available to you.
Eligibility to register a profile on the Web Site is determined solely in the discretion of FreshmanSupport. FreshmanSupport reserves the right to refuse such registration rights to its Web Site.
By submitting the registration request, you represent, warrant and agree that the information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of these Terms and Conditions so that it will remain true, accurate, current and complete.
With regards to sales of services in the United States when required by relevant law FreshmanSupport will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a User's order. These taxes are in addition to the purchase price of the services subject to an order.
With regards to sales of services outside the United States all payments to be made to FreshmanSupport for services found on the Web Site are exclusive of any Value-Added Tax ("VAT" or similar taxes, you are responsible for making the appropriate VAT declaration and payment for services purchased if applicable.
Users may seek the services of Contributors through the use of the Web Site and Web Site services. In the event that a User engages a Contributor to provide services, any agreement is solely between the User and the Contributor; FreshmanSupport is not a party to any such agreement. The User and Contributor must directly resolve all issues concerning or arising from the services received by the User or payment due to the Contributor. FreshmanSupport shall not be held responsible and expressly disclaims all liability for any claims, demands or damages arising out of or in any way connected with such issues.
If you are a California resident, you waive California Civil Code 542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECT HIS SETTLEMENT WITH THE DEBTOR."
By using this Web Site, you do hereby represent, understand, and expressly agree to hold FreshmanSupport harmless for any claim or controversy that may arise from any disputes between you and/or any Users. FreshmanSupport reserves the right, without any obligation, to monitor User profiles, actions, comments, and general usage of the Web Site by you and suspend privileges to you or any User not adhering to the policies of the Web Site. You agree to take reasonable precautions in all interactions with other Users of the Web Site. By using this Web Site, you do hereby agree to report any alleged improprieties of any Users in connection with the Web Site to FreshmanSupport immediately by notifying FreshmanSupport of the same via electronic correspondence.
As between you and FreshmanSupport, and except for your Submitted Materials (as defined below), FreshmanSupport owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example without limitation, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on the Web Site.
You may access and view the content on the Web Site on your computer or other internet compatible device, and make copies of the content on the Web Site for your personal and non-commercial use only.
Any commercial distribution, publishing or exploitation of the Web Site including but not limited to accessing, scraping, spidering (or other automatic tool or process to monitor), extracting, copying, reviewing, indexing, mirroring, transmiting, pinging, or validating of any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express written prior permission of FreshmanSupport and the applicable rights holder. If you do make any such prohibited use of the Web Site, or the content, code, data or materials thereon, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Any trademarks, logos or service marks (collectively, the "Marks"), including, without limitation, FRESHMANSUPPORT, displayed on this web site are owned by Texas StudyAbroadSupport.com, LLC or a third party owner. Nothing contained in the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Marks without the express written consent of FreshmanSupport or the respective trade/service mark owner. Your misuse of the Marks displayed on the Web Site is strictly prohibited.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Web Site, and that any "moral rights" in having the Submitted Materials edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived, and (ii) you grant us and our Affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed (including, without limitation, any web sites owned or operated by us). We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. In the event of any unauthorized use of any of your content or materials from our Web Site (including any of your Submitted Materials in which you own the copyright), you agree to cooperate with FreshmanSupport in enforcing such copyrights, at FreshmanSupport's expense, including, for example (without limitation) by joining FreshmanSupport in any legal action therefor.
FreshmanSupport does not evaluate, provide, produce or control any information provided by you, and/or communication, conversation or exchanges between you and other Users, in any manner. FreshmanSupport does not make editorial or managerial decisions concerning content, nor will FreshmanSupport be held responsible for your failure to comply with laws or regulations concerning the contents posted on the Web Site. FreshmanSupport has no obligation to screen any contents, communications, or information in advance and is not responsible for screening or monitoring contents posted by you. However, FreshmanSupport may review, modify and remove any contents on the Web Site that, in its sole judgment, violates these Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive, illegal, and/or engages in the Prohibited Conduct defined below.
Any of the following constitutes "Prohibited Conduct." You warrant and agree that, while accessing or using the Web Site:
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Web Site.
The Web Site may include messaging services, chat services, bulletin boards, message boards, blogs and other similar forums and services. In addition to any other rules or regulations that we may post in connection with a particular feature or service, you agree not to:
It is important to remember that content submitted to a public forum or similar feature on the Web Site may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. You should therefore be careful and selective about the information that you disclose about yourself and others in your comments to our public forums or other submissions to our Web Site, and in particular, you should not disclose any sensitive, proprietary or confidential information.
FreshmanSupport reserves the right, but does not have nor assume any obligation, to monitor and/or review any content or materials posted to the Web Site or through the Web Site's services or features, and FreshmanSupport is not responsible for any such materials, including but not limited to materials submitted or provided by you. However, FreshmanSupport reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in FreshmanSupport's sole discretion are objectionable or in violation of these Terms and Conditions, FreshmanSupport's policies or applicable law.
You should monitor children's use of the Internet. This Web Site is intended for use by people at the age of 18 or over. To comply with the Children's Online Privacy Protection Act of 1998 (COPPA), FreshmanSupport will not knowingly collect any information from children under the age of 13. To become a registered User, you must identify your age in the registration process. FreshmanSupport does not assume any responsibility for any misrepresentation regarding age and parental consent provided by you. The right to register on the Web Site will be terminated immediately should FreshmanSupport determine that the any information provided by you is false or had been misrepresented in the sole discretion of FreshmanSupport.
You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on this Web Site on another web site in violation of applicable trademark laws, copyright laws or other similar intellectual property laws. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials, advertising or branding. We have the right to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time.
You agree to defend, indemnify and hold FreshmanSupport, and its Affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from (i) your access to or use of the Web Site, (ii) your providing or receipt of services or your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Web Site, or (iii) your breach or violation of the law or of these Terms and Conditions. FreshmanSupport reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.
You assume all risk when using the Web Site and the accuracy of any information contained therein, including but not limited to all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions, when interacting with other Users of the Web Site. FreshmanSupport does not evaluate, provide, produce or control the advice or services provided by Contributors or other Users, or information or exchanges between you any other Users, in any manner. Although Contributor or other User listings or profiles may contain verified credentials, the verification services are provided by third parties and FreshmanSupport does not itself provide any advice or information, nor verify, guarantee or make any representations regarding the identity or qualifications of any Contributors.
You may be able to link from the Web Site to affiliate and other third party web sites and affiliate and other third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Linked Sites are only for your convenience and therefore you access them at your own risk and bear the responsibility of familiarizing yourself with the terms and conditions, provisions and practices of the Linked Sites.
FreshmanSupport seeks to protect the integrity of its Web Site and the links placed upon it and therefore requests any feedback on not only its own Web Site, but for sites it links to as well (including if a specific link does not work). You should contact the Web Site administrator or Webmaster at Support@FreshmanSupport.com for those External Sites if you have any concerns regarding such links or the content located on such Linked Sites.
We respect the intellectual property rights of others, and require that the people who use the Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to FreshmanSupport's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, SUBMITTED MATERIALS, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," "AS AVAILABLE" WITHOUT WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FRESHMANSUPPORT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. FRESHMANSUPPORT DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND FRESHMANSUPPORT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY YOU OR OTHER THIRD PARTIES.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FRESHMANSUPPORT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON, OR THE INABILITY TO ACCESS OR USE, THE WEB SITE, THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY ERRORS OR OMMISSIONS IN THE CONTENT OF THE WEBSITE; (II) YOUR PROVISION OF INFORMATION OR SERVICES VIA THE WEB SITE; OR (III) LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS OF THE WEB SITE. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT WILL ANY OF THE PROTECTED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FRESHMANSUPPORT FOR YOUR USE OF THE WEB SITE OR PURCHASE OF SERVICES VIA THE WEB SITE.
All Users agree that all access and use of the Web Site and the accuracy of any of the content therein is at the User's own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of the Protected Entities will be limited in accordance with this Agreement to the fullest extent permitted by law. The user specifically waives any and all claims it may have arising out of use of the Web Site. Any service for which a separate fee is charged carries with it only the representations and warranties specifically stated attributable to that service.
The Protected Entities shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that FreshmanSupport accepts no responsibility for security of information transmitted over the Internet.
We control and operate the Web Site from our offices in the United States of America. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the United States and the State of Texas, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Texas, Travis County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County in the State of Texas. All parties to these Terms and Conditions waive their respective rights to a trial by jury.
FreshmanSupport has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Web Site or the Web Site's services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms and Conditions, FreshmanSupport's policies or applicable law, or for any other reason without notice or liability. FreshmanSupport maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
If you have any questions relating to the Web Site, or if you would like to submit a complaint or other report to us (including, without limitation, any suspected violations of these Terms and Conditions or applicable law, or any misconduct or other behavior by other users of the Web Site), please contact us at: content@FreshmanSupport.com.
We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
For more information on Fair Housing and Equal Opportunity, please click here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp
Last Updated January 1, 2014.