We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Solution, including eliminating or discontinuing any content on or feature of the Solution; or
- Change any fees or charges for use of the Solution or any Materials.
You acknowledge and agree that we reserve the right to modify this Agreement at any time. Any changes we make to this Agreement will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation by posting an updated version on this webpage, providing an updated version on the Solution, or notifying you by electronic mail. Your continued use of the Solution following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Solution and Related Materials
The Solution includes: (1) the Common Application® service and websites available at the URLs listed above; (2) our college/university first year admission application, transfer applications, teacher and/or counselor evaluations and recommendations, school and mid-year reports, and instruction information (collectively, “Common App Works”); (3) related content and materials provided through and/or in connection with the foregoing, including any data, text, graphics, images, audio and video clips, logos, icons, links, applications, portals, and features provided in connection therewith (such items together with Common App Works collectively, the “Materials”); and (4) any updates, versions, improvements, enhancements, or modifications of any of the foregoing.
2. Grant of License.
Subject at all times to your full compliance with the terms and conditions of this Agreement, the Common App grants to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Solution solely for your personal, internal, non public, non-commercial use in furtherance of the Permitted Purpose. Depending on the category of user which applies to you, the “Permitted Purpose” is defined as:
(i) for student applicants, online user registration, the Common Application, and any application supplements, and/or other applicant forms;
(ii) for colleges, universities, and other institutions of higher learning (and any employee, administrator, agent, or other representative thereof), receive student admission application data; or
(iii) for high school educators, counselors, and providers of applicant recommendations, register an account, submit recommendations for or on behalf of an applicant’s applications to one or more member Colleges or Universities.
3. Limited License to Common App Works.
Unless otherwise specified on the Solution, you may download copies of Common App Works accessible through the Solution as indicated therein. In addition to the foregoing grant of license to the Solution, the Common App grants to you a personal, revocable, limited, non exclusive, non-sublicensable, and non-transferable license to use, access, and copy the Common App Works solely for your personal, internal, non-public, non-commercial use in connection with your permitted use of the Solution.
You must retain all copyright and other proprietary notices on downloaded and copied Common App Works, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Common App Works remain the property of the Common App or its licensors or suppliers. Common App Works are licensed, not sold or transferred to you. Your use, access, downloading, or copying of the Common App Works is conditioned on, including the licenses and terms and conditions of third parties. You may not download, copy or use any of the Common App Works except as expressly authorized in the Solution and, in any event, you may not distribute, modify, transmit, create derivative works of, republish, or publicly display the Common App Works except as expressly permitted by Common App in a separate writing.
4. Additional Restrictions.
When using or accessing the Solution, Common App Works, and any other Materials in accordance with the foregoing licenses, you shall not directly or indirectly (a) use the Solution or Materials to create any service, software or documentation that performs substantially the same functionality as the Solution or Materials, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Solution or Materials, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Solution or Materials in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Solution or Materials, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Solution or Materials, (f) use or access the Solution or Materials for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Solution or Materials, (h) use the Solution or Materials in any manner which could damage, disable, overburden, or impair the Solution or Materials and/or the Common App’s systems or network infrastructure, or otherwise interfere with any third party’s authorized use of the Solution or Materials, (i) probe, scan, or test the vulnerability of the Solution or any systems or network infrastructure connected with the Solution, including without limitation by stress testing or penetration testing, or (j) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Solution.
5. User Obligations
You represent that you will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Solution. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to your use of the Solution. If you access the Solution on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this Agreement on behalf of your organization.
The Solution is not intended for use or access by any individual under the age of thirteen (13) years, and the Common App does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Solution to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting https://apply.commonapp.org and immediately notify us of the problem by clicking here. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT INDIVIDUALLY EXECUTED AND/OR AUTHORIZED BY YOU, AND THE COMMON APP SHALL BE ENTITLED TO RELY UPON ALL INPUTS AND RESPONSES MADE THROUGH YOUR ACCOUNT AS IF MADE EXCLUSIVELY BY YOU.
7. Code of Conduct
In addition to and without limiting any other restrictions herein contained, while using the Solution or Materials, you agree not to:
- create more than one Student admission account or more than one Student transfer account, while registering on the Solution;
- express or imply that any statements you make are endorsed by us, without our prior written consent;
- transmit (a) any material, non-public information about companies without the authorization to do so; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- engage in spamming or flooding;
- "frame" or "mirror" any part of the Solution without our prior written authorization;
- link to any page of or content on the Solution other than the URL located at http://www.commonapp.org;
- harvest or collect information about Site visitors or members without their express consent; or upload, send, or transmit any information, messages, or communications which constitute hate speech or other illegal speech, or otherwise harass, threaten, defame, slander, libel, or threaten any individual or group.
8. Submissions and Postings
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (each a “Submission” and collectively, "Submissions"), or by posting or uploading such Submissions to any area of the Solution, you grant us and our designees a worldwide, non-exclusive, fully sublicenseable (through multiple tiers), freely assignable, royalty free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, export, and otherwise exploit such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
The Common App may screen, review, edit, moderate, or monitor your Submissions from time to time at its discretion, but has no obligation to do so. In any event, the Common App is not responsible to you under this Agreement for your or any other user’s Submissions and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that the Common App shall have no obligation of confidentiality whatsoever with respect to your Submissions. By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Solution, you represent and warrant that: (i) you possess all legal rights required to upload, post, display, and/or transmit each Submission and permit the Common App to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
9. Purchases and Payments.
The Solution may contain the option for you to purchase and/or make payments in connection with certain features or services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified in the Solution at the time of order. All payments are final and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of payment, indicated by the Common App in writing, or as may be required under applicable law. All transactions are void where prohibited by law. The Common App may request further information from you in order to confirm the order and method of payment. The Common App reserves the right to terminate or suspend access to the Solution or any related license, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse the Common App for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to the Common App in connection with the Solution shall survive the expiration or termination of the Agreement for any reason.
When confirming payment, you agree to pay using the payment methods indicated and grant authorization to the Common App and/or the applicable third party payment-processor to charge or otherwise implement your selected payment methods. The Common App and/or the applicable third-party payment processor shall charge, and you shall be responsible for, all taxes, tariffs, levies, or duties applicable to your payment, excluding taxes applied against the Common App’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Solution are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that you provide to us; and (b) maintaining the confidentiality and security of your account information, including without limitation with respect to payment methods. You should not disclose your payment information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with your account. You are responsible for all transactions on your account, including unauthorized transactions.
10. Links and Third-Party Services
References or links in the Solution to any commercial products or services, or the Common App’s use or display of any business, firm, corporation, or trade name on the Solution, do not constitute endorsement by the Common App of any such product, service, or entity. The Common App makes no representation or guarantee whatsoever with respect to third-party products or services.
THE COMMON APP EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, WEB PAGES, MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SOLUTION, AND YOU AGREE THAT THE COMMON APP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE SOLUTION.
11. Ownership and Restrictions on Use
The Solution is owned and operated by the Common App and/or its applicable licensors (including without limitation the Common Application for Transfer ℠ service that is hosted and operated by our licensor Liaison International) to our contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of the Common App or its applicable licensors or suppliers. The Solution and Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Solution in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Solution, as provided in this Agreement or as expressly authorized in writing by the Common App or, if so indicated in writing by the Common App, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Solution or the Materials, and the Common App reserves all rights in the Solution and Materials not expressly granted herein.
The trademarks, logos, and service marks displayed on the Solution such as Common Application®, Common App®, The Common Application®, Common App Online®, Common App onTrack®, Common App Insight ℠ and Common Application for Transfer ℠ among others (collectively the "Trademarks") are the registered or unregistered trade or service marks of the Common App. The Trademarks owned by the Common App, whether registered or unregistered, may not be used in connection with any product or service that is not the Common App’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Common App. Nothing contained on the Solution should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Common App or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Common App will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
12. Jurisdictional Issues
Those who choose to access the Solution do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Solution and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. We also reserve the right in our sole discretion to remove any college, university, or other educational institution as a registered member of The Common Application without further or special notice.
13. Term and Termination
This Agreement takes effect (or re-takes effect) at the moment you first access or use the Solution. The Common App reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to the Solution or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Solution, and/or the rights of others. This Agreement terminates automatically if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this Agreement at any time by ceasing to use the Solution, but each re-access or renewed use of the Solution will reapply the Agreement to you. Upon termination or expiration of the Agreement for any reason, all licenses granted by the Common App hereunder shall immediately terminate, and you must immediately cease all use of the Solution. The provisions of this Agreement concerning the Common App’s proprietary rights, licenses to Submissions, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this Agreement for any reason.
The Common App reserves the right, in its sole discretion, to terminate or suspend your access to the Solution or any feature or portion thereof at any time, without notice to you, if we reasonably determine or suspect that you are in violation of this Agreement and/or the intellectual property rights of the Common App or its applicable providers and licensors.
THE SOLUTION, THE MATERIALS ON THE SOLUTION, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SOLUTION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, THE COMMON APP AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMMON APP AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SOLUTION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOLUTION OR THE SERVER(S) ON WHICH THE SOLUTION IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SOLUTION, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOLUTION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMMON APP OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SOLUTION SHALL CREATE ANY WARRANTY. YOUR USE OF THE SOLUTION AND ANY MATERIALS PROVIDED THROUGH THE SOLUTION ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability
NEITHER THE COMMON APP NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR:
(A) THE ACTS OR OMISSIONS OF ANY MEMBER COLLEGE OR UNIVERSITY, APPLICANT, STUDENT COUNSELOR, HIGH SCHOOL, NOR THE USE OR MISUSE BY ANY MEMBER COLLEGE OR UNIVERSITY, APPLICANT, STUDENT COUNSELOR, HIGH SCHOOL OF ANY PERSONAL INFORMATION COLLECTED ONLINE AND ACCESSSED BY
ANY MEMBER COLLEGE OR UNIVERSITY, APPLICANT, STUDENT COUNSELOR, HIGH SCHOOL, NOR FOR ANY DELAY, REJECTION OR OTHER OUTCOME RESULTING FROM THE APPLICATION ADMISSIONS PROCESS OF ANY MEMBER COLLEGE OR UNIVERSITY, NOR FOR ANY PARTICULAR USER OR STUDENT CANDIDATE’S APPLICATION, ADMISSION OR ACCEPTANCE STATUS WITH ANY MEMBER COLLEGE OR UNIVERSITY, NOR THE USE OF ANY THIRD PARTY PRODUCT, SERVICE OR TOOL;
(B) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOLUTION AND/OR MATERIALS CONTAINED ON THE SOLUTION OR ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SOLUTION OR FOR ANY THIRD PARTY PRODUCT, SERVICE OR TOOL USED IN CONJUNCTION WITH THE SOLUTION, WHETHER OR NOT THE COMMON APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR
(C) ANY AMOUNTS THAT, IN THE AGGREGATE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SOLUTION IN THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION FIRST ACCRUED OR, IF THERE ARE NO SUCH AMOUNTS, A TOTAL OF TEN U.S. DOLLARS (USD $10.00).
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS AGREEMENT, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Solution is provided by The Common Application, Inc. through its service provider. If you have any questions, comments, suggestions, or complaints regarding this Agreement or the Solution, feel free to contact us at 3003 Washington Boulevard, Suite 1000, Arlington, VA, or by phone at 703.378.9788.
17. Data Privacy
18. Mobile Usage
The Solution offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Solution. In addition, downloading, installing, or using the Solution on your mobile device may be prohibited or restricted by your mobile carrier, and not all functionality on the Solution will work with all carriers or devices or in all locations. Therefore, you are solely responsible for: (i) checking with your mobile carrier to determine if the Solution is available for your mobile devices; (ii) the restrictions, if any, may be applicable to your use of the Solution; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.
19. Additional Terms and Conditions for Apple Users
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded The Common App’s mobile app through Apple Inc.’s App Store. You acknowledge that this Agreement is between you and the Common App, and that Apple Inc. (“Apple”) bears no responsibility for the Solution and its content. The license grant under this Agreement with respect to the Common App’s mobile app is a non-transferable license to use the Solution on any Apple-branded products that you own or control as permitted by this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution. In the event of any failure of the Common App’s mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app. Apple is not responsible for addressing any claims by you or a third party relating to the Solution or your use of the Solution, including without limitation: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Common App’s mobile app or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
20. Security and Compliance
The Common App reserves the right to view, monitor, and record your activity on the Solution without notice or permission from you. The Common App’s provision of the Solution is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce the Common App’s ability to comply with governmental, court, and law enforcement requests or requirements involving your use of the Solution or information provided to or gathered by the Common App with respect to such use.
21. Export Controls
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that the Solution is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement or any provisions hereof, whether arising in contract, tort, or any other legal theory, then such dispute shall be resolved exclusively through final, binding, and confidential arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Consumer Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Arlington County, Virginia. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement for any reason.
Notwithstanding the foregoing, the Common App may bring a claim for injunctive relief or other equitable relief against your violation of this Agreement in any court of competent jurisdiction without being required to observe the arbitration procedures of this Section.
23. Class Action Waiver
BY USING THE SOLUTION AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SOLUTION. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS AGREEMENT AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
To the maximum extent permitted under applicable law, you agree to indemnify, defend, and hold harmless the Common App, its affiliates under common control, and its and their respective officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your violation of this Agreement, (ii) your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) your violation of applicable laws, rules, or regulations, and/or (iv) your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. The Common App reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state or federal courts located in the Arlington County, Virginia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub-licensable by you except with the Common App’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The parties hereto are independent contractors and nothing herein shall be construed as creating any joint venture, partnership, employment relationship, or agency relationship. You acknowledge that any breach, threatened or actual, of this Agreement by you would cause irreparable injury to the Common App not readily quantifiable as money damages, such that the Common App would not have an adequate remedy at law. You therefore agree that the Common App shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.
26. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Common App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Solution are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Common App to locate the material on the Solution; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Common App against you, the DMCA permits you to send the Common App a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Solution should be sent to the Common App’s registered DMCA agent using the following contact information Marc Saitta, Chief Operating Officer, 3003 Washington Blvd, Arlington, VA 22201 email: email@example.com .
The Common App reserves the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). The Common App has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of repeat infringers. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.