Terms and Conditions

Terms and conditions

We provide a platform where advisors and universities can collaborate in digital boardrooms.

Advisors can choose between several membership options to find, join, and interact with university boards on our platform.

Universities can choose between several membership options to build boards and interact with advisors on our platform.

Acceptance of Terms of Service

These Terms of Service (these “Terms of Service”) are a legally binding contract between you and University Advisors (“University Advisors,” “we,” “us,” or “our”) and govern your access to and use of the website located at https://universityadvisorportal.com/ (the “Website”) and other services provided by University Advisors (collectively, the "Services").

These terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and University Advisors by binding individual arbitration. By utilizing the Services, you consent to adhere to these Terms.

It is crucial that you carefully review these Terms of Service prior to engaging with the Services. By accessing the Services and/or by selecting a box that indicates your acceptance of these Terms of Service, you acknowledge your comprehension of, and concurrence with, these Terms of Service. If you do not consent to these Terms of Service, you are not authorized to access the Services and should immediately cease any use of the Services.

Additional Policies

When engaging with certain services, like specific areas of the University Advisors Platform (as outlined below), you must adhere to any applicable guidelines, rules, and/or extra terms and conditions that may be displayed on the Services occasionally. All such guidelines, rules, and/or additional terms and conditions are incorporated into these Terms of Service by this reference. In case of any discrepancy between any part of these Terms of Service and any other guidelines, rules, and/or additional terms and conditions made available on the Services at different times, the terms outlined in these Terms of Service will prevail.

Modifications to these Terms of Service

We reserve the right to modify and update these Terms of Service at any time according to our discretion. Any modifications become effective immediately upon posting, and they affect all subsequent access and use of the Services. However, alterations to the sections on Governing Law and Jurisdiction and Dispute Resolution will not affect any disputes for which there is actual notice to the parties on or before the date the modifications are made available via the Services.

Your continued utilization of the Services after any changes to the Terms of Service have been published signifies your acceptance of those changes. You should periodically review this page to stay informed of any updates, as they are binding for you.


Access to the Services

To gain access and engage with the online platform of University Advisors (“University Advisors Platform”), you must register as either an executive member (“Advisor”) or a university member (“University Member”). You need to be at least 18 years old to utilize the Services. By choosing to use the University Advisors Platform, you commit to providing authentic, accurate, and up-to-date information about yourself and maintaining the accuracy of this information at all times. If you are registering as a University Member on behalf of a university, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms of Service on behalf of such university, to bind such university to these Terms of Service, and that you agree to these Terms of Service on behalf of the university. You are accountable for making sure that anyone accessing the Services via your internet connection knows of these Terms of Service and adheres to them entirely.

We hold the right to introduce additional services, activities, and features to the Services over time, which will be exclusively available to members.

Membership and Fees

With respect to all Advisors and University Members:

By completing the sign-up process, each Advisor and University Member agrees to join the University Advisors Platform. In exchange for access to the University Advisors Platform, you consent to pay a non-refundable subscription fee (plus any applicable taxes). This fee will be invoiced periodically at the prevailing subscription rate (the “Subscription Fee”) until you decide to terminate your subscription. The Subscription Fee is in addition to any initial setup fee you may incur, both of which are non-refundable. The day your subscription is due for renewal is known as your "Subscription Renewal Date." Users can access a copy of their invoice for the Subscription Fee directly on the University Advisors Platform.

By enrolling as an Advisor or University Member, you consent to us initiating your subscription immediately following our approval of your registration.

Cancellation Policies
With Respect to Free-Trial Subscriptions

Your 14-day free trial will begin at the time of registration and your paid subscription will start on the 14th day. You can cancel at any time directly on the University Advisors Platform or by emailing {emailaddress}. If you do not request to cancel during your free-trial period, you agree that we may start your subscription immediately upon the end of your free-trial period.

Paid Subscriptions

Once your subscription has started, you can cancel your membership at any time on the University Advisors Platform or by emailing {emailaddress} at least fifteen (15) calendar days prior to the next Membership Renewal Date. Please note, this 15 day notice requirement does not apply during your free-trial period.

All Subscriptions

When your subscription is cancelled, your account will stay active with full access until the end of the fully paid billing cycle. It will not renew upon the next cycle date.

With respect to Advisors only:

No Guarantee of Paid Work

Although the Services offer a venue for seeking advisory roles, University Advisors does not assure, either explicitly or implicitly, your ability to obtain a compensated advisory position via the Services, nor does it guarantee the eventual success of any projects or engagements you undertake as a consequence of utilizing the Services.

With respect to University Members only:

You consent that University Advisors has the permission to publish advisor and advisory board openings on the University Advisors Platform for you, utilizing the data you submit at registration.

No Guarantee of Success

Though the Services facilitate your search for and engagement of advisors, University Advisors provides no warranty, either explicit or implied, regarding your ability to find advisors via the Services or concerning the eventual success of any projects or engagements you undertake as a consequence of utilizing the Services.

Use and Protection of Username and Password

In connection with your membership, you will enter your email and select a password. We authorize you to access and use University Advisors Platform, subject to these Terms of Service.

It is your responsibility to keep your login details confidential. Should you become aware of any unauthorized disclosure of your username or password, or any security breach involving your account, you must promptly inform us by reaching out at {emailaddress}.

Use of Payment Information

When you submit your credit or debit card details, we handle this data in accordance with our Privacy Policy. As allowed by law and in line with our Privacy Policy, you recognize and consent that we may engage third-party payment services.

By providing credit or debit card information, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to initiate payments from the credit or debit card account(s), and (iii) such action does not violate the terms and conditions applicable to your use of such credit or debit card account(s) or applicable law.

Privacy Policy

We are deeply committed to protecting the privacy of everyone who visits the Website and uses the Services.

Services. For details on our privacy practices, refer to our Privacy Policy, which is incorporated by reference into these Terms of Service. You can access our Privacy Policy on the Website at https://universityadvisorportal.com/view/privacy_policy

Use of Content

You are authorized to view, download, and print content from the Services under the following conditions strictly: (i) the content is for informational purposes and your own personal, non-commercial use only; (ii) the content is not to be modified, adapted, or changed in any manner; and (iii) you do not gain any ownership rights over the content on the Services.

The permissions granted to you are a limited license, not a transfer of property rights. Reproducing, storing in any form (including on another website), altering, publishing, distributing (including via peer-to-peer networks), creating derivative works from, broadcasting, publicly displaying, or transmitting any part of the Services or the content within, or using the content beyond the scope explicitly allowed here, is prohibited.

Parts of the Services are safeguarded by trade dress and other statutes and must not be replicated or emulated, wholly or partly. You agree not to bypass any login, password, and other security measures we implement to limit access to certain parts of the Services. Any use beyond this requires our explicit written consent. All rights not specifically granted in these Terms of Service are exclusively reserved by us.

Unauthorized use voids the license or permission granted by us and will be considered a significant and direct violation of these Terms of Service.

The Services are globally accessible and may include references to our content and services not available in your country, implying no offer to make such content or services available in your region. If local laws forbid such use, you are not authorized to utilize the Services. These Terms of Service are null where prohibited by law, and the right to access and use the Services, University Advisors Platform, and related content and services is withdrawn in such jurisdictions.

Advisor Contributions and Content

The Services enable you to upload content, including your name, biographical details, photographs, and other materials. Moreover, the Services facilitate interaction among platform members through various means, such as messaging and other interactive features ("Interactive Services"). Any content that you upload or make available on the Services is termed as "User Content." We disseminate your User Content through several channels, including your public profile and email communications. By opting to submit User Content, you understand and consent that such User Content may be accessible to the public and will not be considered private, exclusive, or confidential. Should you wish to withdraw from the public profile feature of the Services, you are required to reach out to us at {emailaddress}. You maintain all rights to, and bear sole responsibility for, the User Content you share on the Service.

If you submit any User Content, you grant to us a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, reproduce, modify, copy, perform, distribute and/or to incorporate such User Content on the Services, in print or other media. Further, by submitting any User Content, you represent, warrant and undertake that such User Content: (i) is your own original work, or submitted with the express permission of the owner, or is in the public domain, and that you have the right to make it available to us for all the purposes specified above; (ii) is not defamatory; and (iii) does not infringe any law or the intellectual property rights or other proprietary rights of any third party. You acknowledge and agree that to the extent that any User Content you submit to the Services is original work not previously published on any other website or otherwise (an “Original Work”) that you assign all of your right, title and interest in and to such Original Work to University Advisors.

We reserve the right to suspend or to terminate your access to the whole or any part of the Services without notice if, in our opinion, any User Content you submit to the Services infringes the intellectual property rights of any third party or otherwise does not comply with any provision of these Terms of Service, or in any way we determine is harmful to us.

Advisor Conduct

In order to preserve the reputation of University Advisors and enable us to continue to offer the Services and University Advisors Platform, you agree to:

  • Use the Services only in compliance with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Use your real name when interacting with other guests or members on the Services or on University Advisors Platform; and

  • Use the Services the University Advisors Platform in a professional manner; and

You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

  • Add content that is not intended for, or is inaccurate for, a designated field (e.g. submitting a telephone number in the “title” field);

  • Use an image that is not your likeness or a head-shot for your profile;

  • Create a false identity on University Advisors Platform;

  • Misrepresent your current or previous positions and qualifications;

  • Misrepresent your affiliations with a person or entity, past or present;

  • Misrepresent your identity, including, but not limited to, the use of a pseudonym;

  • Create an Advisor profile for anyone other than yourself;

  • Use or attempt to use another Advisor’s account;

  • Harass, abuse or harm another person;

  • Send spam or other unwelcomed communications to others;

  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);

  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

  • Make any statement, or induce any third party to make any such statement that in any way reflects adversely upon the business or reputation of University Advisors;

  • Disclose information that you do not have the right to disclose (such as the confidential information of others, including your employer);

  • Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;

  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;

  • Send messages from the University Advisors Platform to distribution lists, newsgroup aliases, or group aliases;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through University Advisors Platform;

  • Create or operate a pyramid scheme or engage in fraud or other similar practices;

  • Copy or use the information, content or data of others available on University Advisors Platform;

  • Copy or use the information, content or data on University Advisors Platform to solicit or recruit members in connection with a competitive service, organization or group (as determined by University Advisors);

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services, University Advisors Platform or any related technology, or any part thereof;

  • Imply or state that you are affiliated with or endorsed by University Advisors without our express consent;

  • Rent, lease, loan, trade, sell/re-sell access to University Advisors Platform or related any information or data;

  • Sell, sponsor, or otherwise monetize any other feature of the Services or University Advisors Platform, without our written consent;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;

  • Collect, use, copy, or transfer any information obtained from University Advisors without our written consent;

  • Share or disclose information of others without their express consent;

  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services, University Advisors Platform or any related data or information;

  • Use bots or other automated methods to access and interact with the Services or University Advisors Platform;

  • Monitor the Services'' availability, performance or functionality for any competitive purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services or University Advisors Platform;

  • Access the Services or University Advisors Platform except through the interfaces expressly provided by University Advisors;

  • Override any security feature of the Services; and/or

  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

  • These conduct obligations apply during and after the term of your membership. If you breach your conduct obligations, University Advisors may pursue any and all available remedies as described under “Remedies” below. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms of Service.

Links

Links to third party websites on the Services are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we do not control and are not responsible for the accuracy or availability of information, content or services provided by them. We therefore do not endorse or make any representations about them, or any content found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such websites.

Links from third party websites to the Services may be created through plain-text links only (i.e. no logos) and provided they do not create an association with a third party brand, product or service. For other types of links to the Services, you must obtain our express written permission. We reserve the right to deny or rescind permission to link to the Services, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.

Intellectual Property

All intellectual property and other proprietary rights, including (without limitation) copyright, trademarks and database rights, in the Services and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. Logos and designs are our registered trademarks in territories around the world.

The use or misuse of these trademarks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.

Nothing stated or implied in the Services is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trademarks or other works or content featured on the Services. No act of downloading or otherwise copying or reproducing from the Services will transfer title to you to any software or content on the Services, unless express statements are communicated to you by us to the contrary.

Notice of Copyright Infringement

We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users involved in disputes regarding intellectual property rights and remove or disable access of such user to the Services. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Services, you must provide our Copyright Agent with a written notice (“Notice”) containing the following elements: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration; (c) a description of the activity or the content on our Services claimed to infringe the copyright including where the content is located on the our Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number, email address, and facsimile number; (e) a statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified; and (f) a statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be sent to:

{address}
{emailaddress}

Security

The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.

Disclaimers

INFORMATION ON THE SERVICES MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY SERVICES CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DOCUMENTS, DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE ON THE SERVICES HAVE NOT BEEN PREPARED WITH YOUR SPECIFIC CIRCUMSTANCES IN MIND, MAY NOT BE SUITABLE FOR USE IN YOUR ORGANIZATION, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

YOUR USE OF THE SERVICES, OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE SERVICES AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, OPPORTUNITIES, REPUTATION, EMPLOYMENT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE SERVICES OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE SERVICES, OR OF ANY WEBSITE OR SERVICES REFERENCED OR LINKED TO FROM THE SERVICES, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

Indemnity

As a condition of your access to and use of the Services, you hereby expressly agree to indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, shareholders, officers, agents, employees and other partners harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs, awards and expenses (including, without limitation, reasonable legal fees and costs) arising from, related to or in connection with: (i) any transaction or dispute between you and any third party, including in connection with any employment or other engagement between an Advisor and a University Member; (ii) unauthorized access to the Services through your account; (iii) a breach of any of your representations, warranties, or covenants under the Terms of Service; (iv) a request by you for us to remove or disable access to any content in or on the Services; (v) content you submit, transmit or make available through us; (vi) your use of the Services; (vii) your violation(s) of these Terms of Service; or (viii) any investment decision you may make as a result of an introduction or other connection with another Advisor on University Advisors Platform. You shall not enter into a settlement of the foregoing nor incur expenses and fees in defending the above claims, actions, or allegations without our prior written approval.

Termination

If you breach any of the Terms of Service, your authorization to use the Services automatically terminates and you must immediately destroy materials downloaded, received by email or printed from the Services.

We reserve the right at all times, at our absolute discretion and without prior notice to you, to terminate your membership, password and/or your use of the whole or any part of the Services, for any reason, including (without limitation) if we believe that you have breached or otherwise not complied with any provision of these Terms of Service. You agree that we will not be liable to you or any third party in any way for any termination of your access to the Services. We may also at our absolute discretion and at any time discontinue providing the whole or any part of the Services, with or without notice.

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms of Service would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, and attorneys’ fees and expenses.

Governing Law and Jurisdiction

The Services (excluding linked sites) are controlled by us from our offices within the State of California in the United States of America. By accessing the Services, you agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof shall govern all matters relating to your access to, or use of, the Services and any content or services. We make no representation that any content, products or service available on the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with all local laws.

Dispute Resolution

You and University Advisors agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and University Advisors each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and University Advisors agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.

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

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

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

Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

Miscellaneous

Failure on our part to exercise or enforce any right or remedy under these Terms of Service does not constitute a waiver of such right or remedy.

If any provision of these Terms of Service is found to be unenforceable by any court having competent jurisdiction, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and if it cannot be so construed then severed from these Terms of Service, and the remaining provisions of these Terms of Service will remain in full force and effect. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service. You agree that there are no third party beneficiaries to these Terms of Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

You agree that we may assign any of our rights or delegate any of our duties or obligations under this Agreement without your consent to any third party.

Entire Agreement

These Terms of Service contain the entire agreement of the parties with respect to the Services and supersede all prior agreements or previous discussions (written or oral) between you and us.

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