Terms of Use

Terms of Use – Abroad101

Last Updated on May 24th, 2011

These terms and conditions (the "Terms of Use") govern your access to and use of Abroad101’s websites that link to or reference these Terms of Use (collectively, the "Site"). By accessing or using the Site, you are agreeing to these Terms of Use and concluding a legally binding contract with The Study Abroad 101, LLC., doing business as Abroad101 ("Abroad101"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Use.

1. Definitions

Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to Abroad101.

Content

"Content" means text, images, photos, audio, video, location data, usernames, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, and information that you display on the Site or in your account profile. "User Content" means Content that other users (other than yourself) submit or transmit to, through, or in connection with the Site. "Abroad101 Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Abroad101 or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Abroad101 Content.

2. Changes to the Terms of Use

We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new Terms of Use. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modifications.

3. Using the Site

Eligibility

To access or use the Site, you must be 14 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Site if we have previously banned you from the Site or closed your account.

Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms of Use. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Subject to your compliance with these Terms of Use, you are granted a limited, revocable, and nonexclusive right to create a hyperlink on your website(s) to the Site’s home page or such other page we designate. This hyperlink shall use the Abroad101 logo, proprietary graphic, or trademark as part of the link, and its use shall be subject to our review and approval in each case.

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

There are three types of accounts:

"Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Abroad101. Please read our Privacy Policy for more information.
"University Account" is an account to be used solely for the purpose of representing your university or other institution of higher education in connection with the Site. In creating or updating a University Account, you must be an authorized representative of the university in question, and you must provide complete and accurate information about yourself and the university you represent. You may not provide an email address that you are not authorized by your University to provide.
"Organizational Account" is an account to be used solely for the purpose of representing your organization in connection with the Site. In creating or updating a Organizational Account, you must be an authorized representative of the organization in question, and you must provide complete and accurate information about yourself and the organization you represent. You may not provide an email address that you are not authorized by your Organization to provide.

Communications from Abroad101 and Others

By creating an account, you agree to receive certain communications in connection with the Site. For example, with a University or Organizational Account, you may receive communications from us concerning study abroad news, new Site features, and other products or services that might interest you, and communications from students concerning study abroad programs that may interest them; while with a Personal Account, you may receive communications from us concerning study abroad news, new Site features, and other products or services that might interest you, communications from Universities concerning requests for evaluation of your study abroad experiences, and communications from Organizations concerning study abroad programs that you have indicated an interest in learning more about. Users of the Site will also have the opportunity to message one another through the Site. In certain cases, you will have the option to “opt out” of receiving certain communications, whether from us, other users, or third parties.

4. Content

Responsibility for Your Content

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Abroad101.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Rights to Use Your Content

We may use Your Content in a variety of different ways, including publicly displaying it, reformatting it, incorporating it into reports, collections, marketing materials and other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it, and, if permitted by our Privacy Policy, allowing others to do the same in connection with their own websites and media platforms. As such, you hereby grant us world-wide, non-exclusive, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers), transferable rights to use Your Content for any purpose (including, without limitation, the rights to use, reproduce, publicly perform or display, distribute, adapt, publish, modify, translate, incorporate into other works in any form, media, or technology, and create derivative works of Your Content, in whole or in part, throughout the world in any media). Finally, you irrevocably waive, and cause to be waived, against Abroad101 and its users any claims and assertions of moral rights or attribution with respect to Your Content.

We also gather and compile information and data about our users and their usage of the Site on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any form or media.

Ownership

As between you and Abroad101, you own Your Content. We own the Abroad101 Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your Content (including, without limitation, the Abroad101 Content, other User Content, or Third Party Content), in whole or in part, except as expressly authorized by the owner of the Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights in or to the Site or the Abroad101 Content, and all rights in and to the Site and the Abroad101 Content are retained by us.

We also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Abroad101 Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any right or license in or to any of our IP Rights, and all such rights are reserved by us.

Advertising

Abroad101 and its partners may publicly display advertisements and other information adjacent to or included with Your Content. Unless otherwise expressly set forth in another agreement with us, you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Removing Content; Reporting Violations

We reserve the right to remove, screen, edit, or reinstate Your Content from time to time at our sole discretion and without notice to you. While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

5. Restrictions

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist or enable others to use the Site to:

Post Content that is obscene, defamatory, or otherwise objectionable or injurious to third parties; Post Content that is knowingly false or misleading; Write fake or defamatory reviews, trade reviews with others, or write a review that you were paid for either directly or indirectly; Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a University or Organizational Account and as expressly permitted by Abroad101; Forge any TCP/IP packet header or any part of the header information in any email or posting; Engage in spamming of any kind, or attempt to manipulate the Site’s search results; Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law.

You also agree not to, and will not assist or enable others to:

Violate the Terms of Use; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), in whole or in part, except as expressly authorized by Abroad101; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; Use any meta tags or any other “hidden text” utilizing our name or trademarks; Reverse engineer any portion of the Site; Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; Access, retrieve or index any portion of the Site for purposes of constructing or populating any chart, collection, or searchable database of reviews; Record, process, or mine information about other users (except to the extent that you have a University Account, in which case you have the right to review and manage information concerning users with Personal Accounts who are associated with your university); Reformat or frame any portion of the Site; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Abroad101's technology infrastructure or otherwise make excessive traffic demands of the Site; Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above apply only to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at the address provided below, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

6. Privacy Policy; Copyright and Trademark Disputes; Use of Your Name; Confidentiality

You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Use. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use or Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

If you believe any content or materials on the Site infringes your copyright, you agree to abide by the notice and take down procedures set forth in the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and email address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

The contact information of our agent for copyright issues is as follows:
Study Abroad 101, LLC
228 Park Ave S #32004
New York, NY 10003
Email: Legal@abroad101.com
Phone: 610-357-4648

Use of Your Name

If you have a University Account or Organizational Account with us, you acknowledge and agree that Abroad101 may use your name and other identifying trademarks or logos, both on the Site and in its marketing materials, for the limited purpose of identifying you as a user of the Site.

Confidentiality

For the purposes of these Terms of Use, “Confidential Information” means any non-public business or technical information of Abroad101 or its licensors, including, without limitation, information relating to business processes, operations, product and services plans, costs, prices, marketing plans, business opportunities, personnel, research, personally-identifiable information, development or know-how, which: (i) if disclosed in writing, is identified or marked as “confidential” by Abroad101 at the time of disclosure; or (ii) if disclosed in any other manner, under the circumstances of disclosure or due to the nature of the information, a person exercising reasonable business judgment would understand such information to be confidential or proprietary. You agree that you will not use any Confidential Information to which comes into your possession or control except for the purposes of performing your obligations and exercising your rights under these Terms of Use, and you will not disclose any Confidential Information to any third party. You will use commercially reasonable efforts to maintain the confidentiality of all Confidential Information in your possession or control, which efforts will in no event be less than the efforts that you ordinarily use to protect your own confidential information of similar nature and importance.

7. Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we own all right, title and interest in and to such Feedback, even if you have designated it as confidential, (v) we are entitled to use the Feedback for any purpose, without restriction, (vi) you hereby irrevocably assign all right, title and interest in and to the Feedback to us, and agree to provide us with such assistance as we may require to document, perfect, and maintain our rights in and to the Feedback.

8. Third Party Sites

The Site may include links to other websites or applications (each, a "Third Party Site"). We provide these links to you as a convenience, and we do not control or endorse any Third Party Site. You agree that we are not responsible for the availability, functionality, or contents of such Third Party Sites, and that your use of any Third Party Site is at your own risk.

9. Indemnity

You agree to indemnify and hold Abroad101, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, arising out of or in connection with any claim arising out of (i) your access to or use of the Site, (ii) Your Content; (iii) your violation of the Terms of Use, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Abroad101 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Abroad101. Abroad101 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it; our failure to notify shall not affect your obligations hereunder except to the extent that our failure to notify you materially prejudices your ability to defend the claim.

10. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF ABROAD101. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

A. YOU AGREE THAT THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, AND THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ABROAD101 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY CONTENT OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE ON THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE.

B. ABROAD101 MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, ABROAD101 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE UNIVERSITIES OR ORGANIZATIONS LISTED ON THE SITE.

C. ABROAD101 MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SITE. ACCORDINGLY, ABROAD101 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SITE.

D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE CONTENT, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

E. YOU AGREE THAT ABROAD101’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE, THE CONTENT, OR THESE TERMS OF USE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ABROAD101 DIRECTLY IN CONNECTION WITH THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F. ABROAD101 DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SITE, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, OR LOSS OF INFORMATION OR DATA) IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, EVEN IF ABROAD101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Choice of Law and Venue

Massachusetts law will govern these Terms of Use, as well as any claim, cause of action or dispute that might arise between you and Abroad101 (a "Claim"), without regard to conflict of law provisions. You accept the exclusive jurisdiction of the state and federal courts of Suffolk County, Massachusetts for any dispute that might arise between us. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to these Terms of Use.

Notwithstanding anything to the contrary in these Terms of Use, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party’s intellectual property and/or proprietary rights.

12. Termination

You may terminate the Terms of Use at any time by closing your account, discontinuing your use of the Site, and providing Abroad101 with a notice of termination at the address provided below. If you close your account, we may continue to display your Content. If you are a University Organization, you acknowledge and agree that no termination of these Terms of Use will entitle you to remove Content provided by your students, and that we will have the right to continue to display such content following any such termination.

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

In the event of any termination, whether by you or us, Sections 1, 4, 5, 6A, 6B, 6D, and 7 through 14 of these Terms of Use will continue in full force and effect, including our right to use Your Content as detailed in Section 4B.

13. General Terms

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

We may provide you with notices by email, regular mail or communications through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (to the email address you provide in your account profile) satisfy any legal requirement that such communications be in writing.

The Terms of Use contain the entire agreement between you and us regarding the use of the Site, and supersede any prior or contemporaneous agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.

Any failure on Abroad101's part to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the remaining portions of these Terms of Use will remain in full force and effect, and any invalid or unenforceable provisions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms of Use, and the rest of the Terms of Use will remain in full force and effect.

The Terms of Use are not assignable, transferable or sublicensable by you except with Abroad101's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Use shall be void.

The parties are independent contractors, and nothing in these Terms of Use is intended to or shall create any type of joint venture, partnership, employer/employee, fiduciary or franchise relationship between us.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

14. Address for Communications

If you have any comments or questions about the Site, these Terms of Use or our Privacy Policy, you can contact us online at legal@abroad101.com or mail or phone us at:
Abroad101
228 Park Ave S #32004
New York, NY 10003
Phone: 610-357-4648