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These End User Terms of Use (the “Terms”) were last modified and effective as of June 1, 2021. The Terms constitute a legally binding agreement between you, whether personally or on behalf of any entity (“You” or “Your”) and Collegiate Licensing Company, LLC (“CLC,” “we,” “us,” “our,” or “Company”) concerning your access to and use of the websites, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected hereto (collectively, the “Site”). PLEASE READ THESE TERMS AND ALL POLICIES REFERENCED HEREIN CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. IF YOU USE OR ACCESS THE SITE OR DOWNLOAD ANY MATERIAL ON THE SITE, YOU AGREE TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW, INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION AND A CHOICE OF GEORGIA LAW.
The Site is owned or controlled by CLC. This Site is intended for and applicable only for residents of the United States, age 18 or older. If you are from another jurisdiction or under 16 years of age, you may not use this Site unless your parent or authorized legal guardian has read and consented to these Terms on your behalf so that you may use or register for the Site.
We may from time to time change the Terms that govern our Site. You therefore agree to check this page and our Privacy Policy page regularly. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. Such changes will not apply retroactively. Your continued use of the Site after we post any changes to these Terms constitutes your agreement to those changes. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site, and that Company will have no liability to you, if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
IF APPLICABLE, THESE TERMS, AND YOUR USE OF THE SITE AND THE SERVICES OF CLC ARE SUBJECT TO THE SCOPE OF USE, SERVICES, FEATURES, AND OTHER TERMS OUTLINED IN THE AGREEMENT CONSENTED TO BY YOUR ATHLETIC ORGANIZATION’S ADMINISTRATOR. FOR MORE INFORMATION ABOUT THE SCOPE OF USE, SERVICES, FEATURES, AND OTHER TERMS OF THIS AGREEMENT, AS WELL AS ADDITIONAL USES, SERVICES, AND FEATURES THAT CLC OFFERS, CONTACT YOUR ATHLETIC ORGANIZATION’S ADMINISTRATOR.
GENERAL. The content, software, products, and/or services provided on the Site (“Services”) are designed to allow you to access CLC’s student-athlete platform that provides information about the name, image, and likeness landscape and that allows student-athletes and their athletic organizations to track the student-athlete’s sponsorship and related name, image, and likeness commercialization activities.
All information, materials, data, and electronic files of any kind contained and posted on this Site are provided by CLC for informational purposes only and as a service to its customers and vendors. CLC does not guarantee the accuracy, completeness, or usefulness of any information on the Site. provides the information available on the Site without responsibility for accuracy. Due to continuous product development, information shown on the Site is subject to change and are for informational purposes only. Errors contained in such information shall not be made the basis for any claim, demand, or cause of action against CLC. In order to obtain the latest information or further details about any of the materials on the Site, you should contact CLC directly.
PRIVACY. Please read our Privacy Policy carefully since it describes how we collect and use information we obtain from you.
TRADEMARKS AND COPYRIGHTS. Unless otherwise agreed upon between you and Company in a separate written agreement, copyright in the Site and the content of our Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, color combinations, button shapes layout design, graphic elements, written and other materials, HTML and other code) and all database rights in the Site (collectively, the “Content”) are owned by CLC or its licensors and are legally protected under intellectual property laws. Unless otherwise agreed upon between you and Company in a separate written agreement, the modification, copying, distribution, or incorporation into any other work of part or all of any Site or its Content in any form is prohibited except that you may print or download extracts for your non-commercial, informational, and personal use only. Except to the extent owned by you, Content contained on this site may not be reproduced, copied, redistributed, transmitted, published, modified, publicly displayed, or broadcast without the prior written permission of CLC. All product names, names of services, trademarks, and service marks used within or access via the Site (“Marks”) are the property of CLC or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms.
PROPRIETARY RIGHTS COMPLAINT PROCESS. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process listed below and follow the instructions at that area.
ACCEPTABLE USE. The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by CLC in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you will not modify, alter, amend, fix, translate, enhance, or otherwise create derivative works of, the Site; (h) you will not reverse engineer, disassemble, decompile, decode, or adapt, the Site, or otherwise attempt to derive or gain access to the source code or underlying ideas or algorithms of the Site, in whole or in part, except as and only to the extent this restriction is prohibited by law; (i) you will not use the Site for purposes of competitive analysis, the development of a competing software product, or any other purpose that is or would be deemed to be to CLC’s commercial disadvantage; (j) you will not use the Site in violation of any federal, state, or local law, regulation, or rule; (k) you will not remove, disable, or otherwise create, or implement any workaround to, any security features contained on the Site; (l) you will not remove, delete, or alter any trademarks, copyright notices, or other intellectual property rights notices, if any, from the Site; (m) you will not copy the Site; and (n) you will not sublicense, assign, distribute, transfer, or otherwise make the Site available to any third party for any reason.
USER DATA. On certain areas of our Site you may be able to submit photos, content, information, and certain other materials (“Your Data”). By using these features, you agree that you will not post any content that is inaccurate, unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
By displaying, publishing, or otherwise posting Your Data on or through the Site, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Data in any and all media now known or hereinafter developed, without the requirement to make payment to you or to any third party or the need to seek any third party permission, for purposes of providing Site and the features contained therein and performing services related thereto. This license includes the right to host, index, cache, and tag Your Data. You continue to retain all ownership rights in Your Data, and you continue to have the right to use Your Data in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You represent and warrant that Your Data is accurate and complete.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including without limitation reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Your Data you submitted, posted, or otherwise provided to Company or this Site.
STATISTICAL DATA. We may (i) compile statistical and other information related to the performance, operation, and use of the Service; (ii) use data from the Services, including Your Data, in de-identified form to create statistical analyses, for research and development services, and to create products and services we may offer to third parties (collectively, the “Statistical Data”). We may make Statistical Data publicly available. We retain all intellectual property rights in Statistical Data.
YOUR ACCOUNT. Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or any features at all. If the Site requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Company; that you will only submit information about yourself or your company; and that you will otherwise comply with these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Site. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
You are solely responsible for the activity that occurs on your account, including without limitation all activities undertaken with your device. You must keep your user account, username, and password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site.
You understand that you have no ownership rights in your account or other access to the Site or features therein. Company may terminate your access to the Site, cancel your account and/or delete all information associated with your account, including without limitation any materials you may have submitted to Company (e.g., User Data), at any time, and without notice, for any reason, including without limitation if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
LINKS. The Site may contain information provided by third parties and/or links to Web sites operated by third parties. If you use such third party sites, you will leave this Site and do so at your own risk. CLC does not operate, control, or endorse any third party information or Web sites. All other brand and product names referenced or included in the Site are trademarks or service marks of their respective holders and use of such marks require prior written permission from the respective holder.
APP USERS. The use of the app version of the Site requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Site, including without limitation, administrative messages, service announcements, diagnostic data reports, and Site updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Site. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Site, including but not limited to payment of all third party fees associated therewith, including without limitation fees for information sent to or through the Site.
Company may, at its discretion, automatically download Site updates to your device from time to time. You agree to accept these Site updates, and to pay for any costs associated with receiving them. The Site may not work with all devices or all mobile carriers. Company makes no representations that the Site will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Site, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including without limitation fees), which you will be required to agree to prior to your use of such services
USERS OF THE APPLE SITE. If you download and use our iPhone or iPad App: You, the end-user of this Site, acknowledge that this agreement is entered into by and between Company and its affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Site, the Services, and/or the Content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Site. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online athttp://www.apple.com/legal/itunes/us/terms.html#APPS), including, without limitation, the Usage Rules set forth therein. This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Site is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. In the event of any failure of the Site to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Site (including, without limitation, a third party claim that the Site infringes that third party’s intellectual property rights) or your use or possession of the Site, including but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
DISCLAIMER OF REPRESENTATIONS AND LIMITATIONS ON LIABILITY. The Content is provided for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts. Company makes no representations about the reliability of the features of this Site, the Content, Your Data, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or Your Data will be preserved.
Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Your Data. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
MISCELLANEOUS. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
RELEASE. If you have a dispute with one or more users you release us (and our officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
CORRECTIONS. There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and/or Services at any time, without prior notice.
FORCE MAJEURE. The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, pandemic, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
ELECTRONIC COMMUNICATIONS. For contractual purposes, you: (a) consent to receiving communications from CLC in an electronic form via the email address provided; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that CLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not waive your non-waivable rights.
WAIVER. If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
NO AGENCY. No user of this Site or the Services is authorized to make any contract, agreement, warranty, or representation on behalf of us or to create any obligation, express or implied, on behalf of us. You will not act or represent yourself as an agent, partner, or joint venturer of us.
ASSIGNMENT. We may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
SEVERANCE & WAIVER. If any provision of our Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any term. These Terms operate to the fullest extent permissible by law.
GOVERNING LAW. These Terms will be governed by and construed in accordance with the internal laws of Georgia without regard to conflicts of laws principles. By using the Site, you hereby agree that any action to enforce any arbitration award and any other disputes (if any) regarding these Terms that are not subject to arbitration will be subject to the courts located in Fulton County, Atlanta, Georgia. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Site and/or these Terms, will be resolved individually, without resort to any form of class action.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
BINDING ARBITRATION, CLASS WAIVER, AND JURY WAIVER. You and Company agree that any controversy or claim arising out of or relating to the Site, use of the Site, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in Fulton County, Atlanta, Georgia or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267.
The arbitrator(s) shall be selected pursuant to the JAMS Rules and Procedures.
The arbitrator(s) shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator(s)’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator(s)’s services and any other JAMS fees associated with the arbitration.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute.
In addition to the foregoing, and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For controversies and claims in which the amount in controversy is less than One Million and No/100 Dollars (U.S. $1,000,000), then the following procedures will apply:
For controversies and claims in which the amount in controversy is equal to or exceeds One Million and No/100 Dollars (U.S. $1,000,000), the following procedures will apply:
THE ARBITRATOR(S) HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR COMPANY AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, ARBITRATOR(S) SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
ENTIRE AGREEMENT. These Terms and Conditions, together with our Privacy Policy, which is incorporated by reference, constitute the entire agreement between you and CLC and your use of our Site and supersede any prior understanding or agreement, whether oral or written, except to the extent You and CLC enter into a separate written agreement which explicitly supersedes these Terms. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
© Collegiate Licensing Company, LLC 2021.
Proprietary Rights Complaint Process and Notification Form
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please complete and submit a signed copy of the form below, and send to our designated agent at legal@learfieldimgcollege.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual’s name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
Nature of Infringement: ¨ Copyright ¨ Trademark ¨ Other
Description of your proprietary material that has been infringed:
Registration numbers of your proprietary material:
Description of infringing material located on our site:
URL at which infringing material is located:
Contact information at which you can be reached:
Name: Telephone number:
Address:
e-mail address: Fax number:
By signing below, you certify, under penalty of perjury under the laws of the United States of America, that (1) you are either the rights holder, or authorized to act on the rights holder’s behalf, (2) you have a good faith belief that the use of the allegedly infringing material has not been authorized, and (3) the information provided above is true and accurate.
Signature: Name: Date: