Terms and Conditions
Terms and Conditions for Membership Services
IMPORTANT: Please read these Terms and Conditions carefully. By purchasing Membership Services
and accessing and using our platform, you agree to be bound by the following Terms and Conditions for
Membership Services. If you do not agree with these Terms and Conditions, please refrain from using our
services. The Terms and Conditions described herein constitutes a legal, binding agreement between the
Company, as defined further in Section 1, and the Member of the Membership Services and states the
terms upon which Company provides such Membership Services to the Member. The “Effective Date” of
the Terms and Conditions shall be the date upon which Member purchases Membership Services from
the Company.
1. Who We Are.
College Collective, LLC (the “Company” or “College Collective”) is a limited liability company
organized and existing under the laws of the State of Texas, which owns and operates AppsGenius, the
Membership Services contained at the website www.collegecollectiveconsulting.com.
2. Some Definitions.
The terms are defined as follows:
“Content” means the proprietary software and content developed by us and/or our suppliers, that is
available for usage to Members’ computers and mobile phones.
“Membership Services” means the services provided through the Website, including the right to access
the “Content” as defined above.
“Member” means an individual who has purchased a Membership.
“Membership” means a paid Membership to use the Membership Services via the Website.
“We” and “us” means Company or any successor or assignee of Company.
“Website” or “Mobile Site” means the website and mobile internet site with the following address:
www.collegecollectiveconsulting.com
“You” and “user” mean all individuals using and purchasing Membership Services, including Members.
3. Privacy.
Our Privacy Policy explains what information may be collected through the Membership Services,
how that information may be used and/or shared with others, how we safeguard that information, and
how you may access or control its use in connection with our marketing communications and business
activities.
4. Modifications.
We reserve the right, in our sole discretion, to modify or replace any part of these terms and conditions,
or change, suspend, or discontinue the Membership Services (including without limitation, the
availability of any content or feature) at any time by posting a notice on the application or website or by
sending you notice through the Membership Services, via email or by another appropriate means of
electronic communication. We may also impose limits on certain features and services or restrict your
access to part or all of the Membership Services without notice or liability. Modifications addressing
newly available features of the Membership Services or modifications made for legal reasons may be
effective immediately without notice. Although we otherwise will timely provide notice of modifications,
it is also your responsibility to check these terms and conditions periodically for changes. Your continued
use of the Membership Services following notification of any changes to these terms and conditions
constitutes acceptance of those changes.
5. Eligibility.
We require that any Member be at least thirteen (13) years of age. By using the Membership Services,
you represent and warrant that you are at least thirteen (13) years of age and that your use of the
Membership Services does not violate any applicable law or regulation. Your Membership may be
terminated without warning, if we believe you are under thirteen (13) years of age.
6. Purpose.
We own and operate the online web-based portal known as “AppsGenius.” We offer Membership
Services and Content to Members. Content may include modules and resources aimed at simplifying and
the facilitating the college application process, including but not limited to videos, exercises, assignments
and external links. We reserve the right to add, change and remove Membership Services and Content at
our discretion.
7. Your Account.
You must register for an account (“Account”) for the use of the Membership Services. When registering
for an Account, you agree that all information you provide will be accurate, truthful, current, and
complete. Only one Account is permitted per user. Joint use, shared use, or co-mingling of an Account is
strictly prohibited. We reserve the right to terminate a Membership without warning if we believe a user
is sharing an Account, or if more than one user is using a single Account.
To create an Account, you must meet the following requirements: (a) you are at least 13 years of age; (b)
you do not have more than one Account on the Membership Services; and (c) you have not previously
been removed from the Membership Services by us, unless you have our express written permission to
create a new Account.
If at any time you no longer meet these requirements, you must immediately delete your Account, and we
retain the right to remove your access to our Membership Services without warning.
To access the Membership Services, you will be asked to provide us with certain registration information.
You agree to provide correct, current, and complete information. You are solely responsible for
maintaining the confidentiality of any password you create with respect to accessing the Membership
Services. You should never share your password with third parties. If you believe that someone has
gained access to your Account, you should notify us immediately at
appsgenius@collegecollectiveconsulting.com.
Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access
to your Account to anyone else. We reserve all available legal rights and remedies to prevent
unauthorized use of and access to the Membership Services.
We reserve the right to modify or terminate the Membership Services, your Account, or your access to
the Membership Services for any reason, without notice, at any time, and without liability to you. If we
terminate your access to the Membership Services or you deactivate your Account, your data will no
longer be accessible through your Account, but those materials and information may persist and appear
within the Membership Services.
At the completion of the Content within the Membership Services, a Member’s Account will expire and
access from the platform will be terminated.
8. Membership Fee and Services.
To access the Membership Services, you are required to pay the “Membership Fee,” which is the one-
time fee identified at the time of purchase by Member. The Membership Fee is non-refundable and will
not be remitted to Member for any reason.
Subject to Member’s compliance with the Terms and Conditions, College Collective will provide, and
hereby grants Member the limited, non-exclusive, non-sublicensable right to access and use the
Membership Services, or other services as determined by the Member’s purchases. College Collective
may modify the Membership Services and their descriptions from time to time, provided that such
modifications do not materially or adversely impact the Membership Services.
9. Intellectual Property Rights.
It is understood that College Collective owns all right, title and interest, including all intellectual property
and proprietary rights (including goodwill) in and to, and related to, the Membership Services, Content,
and all software, technology, platforms, applications, user interface, tools, links, text, images,
photographs, video, audio, graphics, data, analytics, algorithms, or material included or displayed in or
through, provide with or through the use of, or generated from the Membership Services, and all
improvements to or derivates of the foregoing.
Except as expressly provided by this agreement, Member is prohibited from copying, reproducing,
modifying, distributing, displaying, performing or transmitting any of the Membership Services or
contents of the Membership Services for any purposes, and nothing otherwise stated or implied in the
Membership Services confers any license or right to do so.
Without limitation, College Collective owns all rights in the product names, company names, trade
names, logos, product packaging, and designs (hereinafter “Trademarks”) of the Membership Services,
and all other services offered, whether or not appearing in large print or with the trademark symbol.
Unauthorized use of any such Trademarks, including reproduction, imitation, dilution, or confusing or
misleading uses, is prohibited under both these Terms and Conditions and the trademark laws of the
United States, as applicable. You are expressly prohibited from using or misusing any Trademarks,
except as expressly provided in these Terms and Conditions, and nothing otherwise stated or implied in
the Membership Services confers any license or right to do so. In addition, the look and feel of the
Membership Services, including all page headers, graphics, button icons, scripts, constitute Trademarks
and are subject to the restrictions on the use of Trademarks.
You are permitted to use the Membership Services solely for you own individual, non-commercial, and
informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited
without express prior written consent. Systematic retrieval of data or other content from the Membership
Services, whether to create or compile, directly or indirectly, a collection, compilation, database, or
directory, is prohibited absent our express prior written consent.
10. No Refunds.
The Membership Fee paid by Member is non-refundable and will not be remitted to Member for any
reason.
11. Data Usage and Consent.
By providing information on our platform, you expressly consent to the use of such data for commercial
purposes within the Website. This data may be used for any legitimate business purposes, including, but
not limited to, providing customer support and enhancing overall user experience.
12. Data Security.
We are committed to ensuring the security of your data. To this end, we employ industry-standard
security measures to protect your information from unauthorized access, disclosure, alteration, or
destruction. However, it is imperative that you take primary responsibility for safeguarding the
confidentiality of your login information. We will not be held liable for any unauthorized access. By
agreeing with these Terms and Conditions, you waive any and all liability on the part of Company
in relation to any and all claims and/or losses arising out of any security breach, loss of data, or
irreparable damage (including but not limited to monetary and reputation) that occurs as a result
of your negligence regarding your personal data.
13. Data Accuracy.
You are solely responsible for ensuring the accuracy and timeliness of the information you provide.
Inaccurate or outdated data may lead to miscommunications, delays, and can impact your ability to
effectively utilize the platform. As such, it is imperative that you supply timely, correct data to best use
our platform.
14. Compliance with Laws.
You are required to comply with all applicable laws and regulations when using the platform, including
but not limited to data protection laws in your jurisdiction.
15. Third Party Payment.
Our application utilizes a third party to complete payments. Therefore, payments for transactions will be
processed by a third-party Payment Processor, and not College Collective. You hereby explicitly consent
to our use of such Payment Processors, our outsourcing of services to the Payment Processors, and the
related transfer/processing of data. We reserve the right to add or change available Payment Processors,
or to require the use of certain Payment Processors by any or all Sellers, at any time and for any or no
reason. We are not responsible for errors made by any Payment Processor. By accepting these Terms, you
agree that with respect to any transaction on our application, that (1) the transaction is between Buyer
and Seller and College Collective is not a party, unless explicitly stated that College Collective is a party
to the transaction, (2) College Collective will not be responsible for the acts or omissions of any Payment
Processor, including any failure or refusal by them to process a transaction, and (3) College Collective
will not be liable for any unauthorized or failed transaction. To the fullest extent permitted by
applicable law, by agreeing with these Terms, you release College Collective, its agents, employees,
and its representatives, from responsibility, liability, claims, demands and/or damages (actual and
consequential) of every kind and nature, known and unknown (including claims of negligence),
arising out of or related to disputes between users (including Buyers and Sellers) and the acts or
omissions of third parties, including third party Payment Processors.
16. No Defamation or Public Complaints.
Member agrees not to engage in any defamatory actions or make public complaints against the Company
and its platform. Disputes or concerns should be addressed through the appropriate channels provided by
the platform.
17. Disclaimers.
Inclusion of any link from our Membership Services to another website, mobile internet or mobile
application site does not imply approval or endorsement of the linked website, mobile internet site or
mobile application by us. When you access any third-party sites, you do so at your own risk. We take no
responsibility for third-party advertisements that are posted on the Membership Services or for the goods
or services provided by advertisers. We are not responsible for the conduct, whether online or offline, of
any user of the Membership Services. We assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or
unauthorized access to, or alteration of, the Membership Services. We are not responsible for any
problems or technical malfunction of any telephone network or lines, computer online systems, servers or
providers’ computer equipment, or software. We are not responsible for any failure of any upload or
download due to technical problems or traffic congestion on the internet or any wireless network. We are
not responsible for any injury or damage to any person’s computer or mobile phone related to or resulting
from use of the Membership Services including downloading materials in connection with the
Membership Services. Under no circumstances shall we be responsible for any loss or damage, including
personal injury or death, resulting from use of the Membership Services or attendance at an event, from
any Content posted on or through the Membership Services, or from the conduct of any users of the
Membership Services, whether online or offline. The Membership Services are provided “AS-IS” and as
available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of the Membership Services.
18. No Warranties.
OTHER THAN AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR AS
REQUIRED BY LAW, THE MATERIAL ON THE SERVICES (INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, SERVICE, MATERIALS AND INFORMATION MADE AVAILABLE
HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED “AS IS” AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR
USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FOR EXAMPLE, WE,
OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS, CONTRACTORS AND CONTENT PROVIDERS (COLLECTIVELY, THE
“RELEASED PARTIES”) DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT
PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS
ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C)
THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. PLEASE NOTE
THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF
THE MEMBERSHIP SERVICES AND ANY INFORMATION ON THE MEMBERSHIP SERVICES.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR
DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE MEMBERSHIP SERVICES.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF SOURCE OF ORIGIN, OR ANY
LOSS OF USE, DATA, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT),
REGARDLESS OF LEGAL THEORY, AND WITHOUT REGARD TO WHETHER ANY OF THE
RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
RELEASED PARTIES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING
TO THE SERVICES IS LIMITED IN ANY EVENT TO THE AMOUNT, IF ANY, PAID BY YOU TO
US FOR USE OF THE SITE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE. YOU
HEREBY RELEASE THE RELEASED PARTIES FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM
AGAINST US MUST BE COMMENCED BY, TO THE EXTENT PERMITTED HEREIN, FILING A
DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION WITHIN ONE (1) YEAR
AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY
SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND
THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN
THAT TIME PERIOD. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A
CONSUMER.
20. Applicable Law and Jurisdiction.
The terms of the Terms and Conditions will be governed and construed in accordance with the laws of the
State of Texas and the United States applicable to contracts to be wholly performed in Texas, without
regard to choice or conflict of laws principles. These terms will not limit any consumer protection rights
that you may be entitled to under the mandatory laws of your state of residence. ANY ACTION BASED
ON OR ALLEGING A BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE
ARISING OUT OF OR RELATING THERETO OR THE SERVICES, THAT IS NOT SUBJECT TO
MANDATORY ARBITRATION, SHALL BE GOVERNED BY THE EXCLUSIVE JURISDICTION
AND VENUE OF THE STATE AND FEDERAL COURTS OF TARRANT COUNTY, TEXAS. YOU
AND WE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
21. Force Majeure.
We shall be not held liable for any delay or failure in performance of any part of the Terms and
Conditions from any cause beyond our control and without our fault or negligence, such as acts of God,
acts of civil or military authority, current laws and regulations and changes thereto, embargoes,
pandemics, epidemics, public health emergencies, war, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major
environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal
activities of third parties, inability to secure products or services of other persons or transportation
facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions,
overloading, or slowdowns over the internet or any third party internet service providers.
22. Survivability.
The ownership and proprietary rights provisions set forth in the Terms and Conditions, and any other
provisions that by their sense and context the parties intend to have survive, shall survive the termination
of the Terms and Conditions and any obligations hereunder for any reason.
23. Severability.
The unenforceability or invalidity of any term, provision, section, or subsection of the Terms and
Conditions shall not affect the validity or enforceability of any remaining terms, provisions, sections, or
subsections of the Terms and Conditions, but such remaining terms, provisions, sections or subsections
shall be interpreted and construed in such a manner as to carry out fully the intention of the parties
hereto.
24. Interpretation.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of
the Terms and Conditions.
25. Notice.
All notices to Company shall be in writing to the email address listed below in Section 32 and will be
deemed given on the date received. Notices to you may be sent to the email or mailing address supplied
by you when you registered for an Account.
26. Entire Agreement.
The Terms and Conditions embody the entire agreement and understanding of the parties and supersedes
all prior agreements, representations, and understandings between the parties relating to the matter of the
Terms and Conditions.
27. Contact Us.
If you have any questions or concerns, please contact us at appsgenius@collegecollectiveconsulting.com.