Terms and Conditions
1. Terms of Use Agreement
We welcome you, the user, ("you") to the Collegeguam.com service and ask you to review these terms of use (the "Agreement"). Please read this Agreement carefully as it contains important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.
Collegeguam.com offers friends an opportunity to meet friends-of-friends in a known, trusted environment and save valuable time in connecting with the best people, leads and information. Whether you're looking for a job, a roommate, or a babysitter, your network of Collegeguam.com is the best place to find what you're looking for and to connect with people who share your interests.
To become a member of the Collegeguam.com service (the "Service"), you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use the Service.
2. Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter the Agreement and the terms and conditions set forth herein at any time by posting amended terms to the Service website (the "Website"). Such modifications shall become effective immediately upon the posting thereof. Your continued use of the Service indicates your acceptance of the amended terms and conditions.
3. Registration Data; Account Security
Registration is not required to use the Service. Should you choose to register, you must complete the Collegeguam.com registration screen and agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Collegeguam.com, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account, whether or not such actions have been authorized.
Collegeguam.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Collegeguam.com reserves the right to refuse the Service to any user.
Collegeguam.com will not be held liable for any loss or damage for non-compliance with the terms of this Agreement.
4. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You understand that you are responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service.
You understand that Collegeguam.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other websites, which are completely independent of Collegeguam.com.
Collegeguam.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other website is at your own risk.
You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content for accuracy, and that under no circumstances will Collegeguam.com be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Collegeguam.com does not pre-screen or approve Content, but that Collegeguam.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
In addition, you understand and agree that the Content of all users, including your Content, will be collected, aggregated and anonymously integrated into the Collegeguam.com.
5. User Conduct
You understand and agree that Collegeguam.com may review from time to time and delete any Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.
Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that: Is unlawful, harassing, libelous, abusive, threatening, harmful, racially offensive, obscene or otherwise objectionable; That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the bases of these characteristics);
That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; Displays sexually explicit material of any kind in an area that is not categorized for Mature Content, as defined below; Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding);
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation;
Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.; Transmits or posts any Content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Collegeguam.com;
Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity, including but not limited to contests, sweepstakes, and similar games of chance activities, without Collegeguam.com prior consent;
Contains personally identifiable information about another member that is published without their express consent; Contains material originally posted by another member that is reposted without permission or attribution; Advertises any illegal services or the sale of any items prohibited or restricted by applicable law; Has misleading email addresses or other manipulated identifiers to disguise its origin.
6. Proprietary Rights
The trade name, Collegeguam.com, and the Service is protected to the maximum extent permitted by copyright laws, trademark laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Collegeguam.com.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Collegeguam.com, and agree to abide by any and all copyright notices displayed of the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Collegeguam.com does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Collegeguam.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By posting Content to any public area of the Service, you automatically grant Collegeguam.com rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
7. Copyright Complaints, Notification of Infringement Procedure
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting via the Service website any materials that violate another party’s intellectual property rights. When we receive proper notification of the infringement as described herein, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the website infringes upon any copyright which you own or control, you may send written notification in accord with the Collegeguam.com Copyright Policy.
If you believe that your work or the work of another has been copied in any way that constitutes copyright infringement, or your intellectual property rights, or the intellectual property rights of another have been otherwise violated, please notify Collegeguam.com’s agent (the "Agent") of such infringement at [email's] or [address's].
Please provide the Agent with the following notice:
1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
2. A 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;
3. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.
Collegeguam.com will remove the infringing Content subject to the procedures outlined in the Digital Millennium Copyright Act.
8. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Collegeguam.com has adopted a policy of terminating, in appropriate circumstances and at Collegeguam.com sole discretion, members who are deemed to be repeat infringers. Collegeguam.com may also at its sole discretion limit access to the Website or Service and/or terminate the memberships of any users who infringe on any intellectual property rights of others, whether or not there is repeat infringement.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE WEBSITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS.
Collegeguam.com, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NEITHER Collegeguam.com, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE Collegeguam.com SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Collegeguam.com, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the foregoing disclaimers may not be applicable to you.
10. Limitations of Liability
LIMITATION OF LIABILITY. IN NO EVENT SHALL Collegeguam.com, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF Collegeguam.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER Collegeguam.com SHALL NOT BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE.
Some jurisdictions do not permit limitations of liability. In such jurisdictions, some of the foregoing limitations may not be applicable to you.
11. Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD Collegeguam.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING COURT COSTSS AND REASONABLE ATTORNEYS FEES, FOR LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST Collegeguam.com ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
General Information
This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.
Governing Law; Venue and Jurisdiction
By visiting Collegeguam.com’s website and/or use of the Service, you agree that the laws of Guam, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Collegeguam.com or our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Guam, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non Convenes with respect to, venue and jurisdiction in the state and federal courts of Guam.
Liquidated damages
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Collegeguam.com to pursue legal action to enforce this Agreement, you will be liable to pay Collegeguam.com the following amounts as liquidated damages, which you accept as reasonable estimates of Collegeguam.com’s damages for the specified breaches of this Agreement:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Collegeguam.com $500.00 for each such message.
b. If Illicit nation establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Collegeguam.com $1,000.00 for each message posted in excess of such limits for each day on which you access Collegeguam.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Collegeguam.com email addresses or thorough Collegeguam.com computer systems, you agree to pay Collegeguam.com $1,000.00 for each such email.
d. If you post Content in violation of the Agreement, other than as described above, you agree to pay Collegeguam.com $1,000.00 for each item of Content posted.
e. If you are a Posting Agent that uses the Service in violation of this Agreement, in addition to any liquidated damages under clause (d), you agree to pay Collegeguam.com $1,000.00 for each and every Item you post in violation herein. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”) and the Principal (by engaging the Posting Agent in violation to the Agreement) agrees to pay Collegeguam.com an additional $1,000.00 for each Item posted by the Posting Agent on behalf of the Principal in violation of this Agreement.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Collegeguam.com’s express written permission, you agree to pay Collegeguam.com $1,000.00 for each day on which you engage in such conduct.
Otherwise, you agree to pay Collegeguam.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Collegeguam.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Arbitration
YOU AND COLLEGEGUAM.COM AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPOUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted in Guam pursuant to the Guam Arbitration Rules. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such arbitration rules and shall be subject to the limitations provided in such rules, if any. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the website and/or the Service (including your visit to or use of the website and/or the Service) be instituted more than three (3) years after the cause of action arose.
