Terms & Conditions

CollegeWeekends.com LLC’s Terms and Conditions

Updated July 24, 2019

CW.com, LLC (“CollegeWeekends.com”) operates its websites and mobile applications, located at www.collegeweekends.com(collectively the “Sites”). Please read the following carefully before using the Sites.

I. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By viewing, using, accessing, browsing, establishing an account, making a transaction, or submitting any content or material on the Sites (“Using” or “Use”), you agree to these Terms and Conditions as a binding legal agreement between you and CollegeWeekends.com, without limitation or qualification. You further agree to CollegeWeekends.com’s privacy policy (“Privacy Policy”), which also governs your Use of the Sites and is incorporated by reference (these Terms and Conditions together with the Privacy Policy are collectively referred to as the “Terms”). The term “you” shall refer to any person or entity who Uses the Sites (“Users”).

If you do not agree to these Terms, then you may not Use the Sites. CollegeWeekends.com reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Sites shall be subject to the then-current Terms, and continued Use of the Sites now or following modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.

II. SERVICES OF COLLEGEWEEKENDS.COM

CollegeWeekends.com is an online marketplace that allows homeowners and those representing homeowners such as property managers or hosts (collectively, “Owners”) to advertise on the Sites listings for short term rental accommodations (“Listings”) to potential guests or renters (“Renters”). CollegeWeekends.com acts in a limited capacity as a payment provider to Users of the Sites to collect and disburse payments from one User to another. These Terms apply generally to all Users. You are an Owner if you list your property (“Property”) via the Sites. You are a Renter if you make a reservation to occupy a Property listed on the Sites (“Booking”). All Property Listings created on the Sites and Bookings of such Properties are subject to these Terms.

CollegeWeekends.com is a venue and not a party to any Booking agreement or other transaction between Users of the Sites. As a result, any part of an actual or potential transaction between Users, including the quality, condition, safety or legality of the Properties advertised, the truth or accuracy of the Listings (including the content thereof or any review relating to any Renter or Property), the ability of Users to Book a Property or the ability of Users to contract for Properties are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a Booking or purchasing a product or service and CollegeWeekends.com may place additional restrictions on your Booking, product or service. Users agree that they are responsible for, and agree to abide by all laws, rules and regulations applicable to their use of the Sites, their use of any tool, service or product offered on the Sites, and any transaction they enter into on the Sites or in connection with their Use of the Sites.

CollegeWeekends.com does not own, create, sell, resell, provide, control, manage, host, offer, deliver or supply any Property or Listings. Owners are responsible for their own Property listings and host services. When Users make or accept a Booking, they are entering into a contract directly with each other. CollegeWeekends.com is not a real estate broker or insurer. CollegeWeekends.com does not become a party to or other participant in any contractual relationship between Users, nor does CollegeWeekends.com act as an agent in any capacity for any User.

III. OWNER TERMS

Owners alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Listings, Properties, and related services. Owners are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listings, Property, or related services they offer. Certain types of services may be prohibited completely. Owners are responsible for identifying and paying any and all required taxes and other related fees to local, state, and federal entities as required by law. If Owners have any questions about how local laws apply to their Listings, Properties, related services, it is advised to seek legal guidance.

Owners who list Properties on the Sites represent that any information submitted to CollegeWeekends.com by that Owner is accurate and correct to the best of that Owner’s knowledge and that the Owner is fully authorized to list and rent that Property on a short-term basis. Owners must possess written proof that they own, lease, or are otherwise authorized to list and rent that Property on a short-term basis and shall provide such proof to CollegeWeekends.com upon CollegeWeekends.com’s request for any reason whatsoever.

Each Listing may only advertise a specific Property. The Property in a Listing may not be substituted for another Property. If an Owner submits changes to an existing Listing that, if approved, would substantially alter the Listing to make it that of another Property, then CollegeWeekends.com has the right to terminate the Listing and may choose, in CollegeWeekends.com’s sole discretion, to retain any fees associated with the term of the previously existing Listing as compensation for the violation of this condition.

Owners understand that CollegeWeekends.com does not perform any background checks on potential Renters and CollegeWeekends.com makes no representations, warranties, or guarantees about the Users of the Sites. It is the Owner’s responsibility to contract with Renters on terms that are mutually agreeable between the parties.

CollegeWeekends.com may remove any Property Listing deemed to be in violation of these Terms or otherwise should CollegeWeekends.com, at its sole discretion decide that the Property Listing is improper in any way. If CollegeWeekends.com removes a Listing, CollegeWeekends.com will notify the Owner.

Owners acknowledge that they are responsible for all charges incurred through their Account (as defined in Section XV herein). In the event you default, if CollegeWeekends.com requires use of collection agencies, attorneys, or courts of law for collection on your Account, you will be responsible for those expenses.

If an Owner has evidence that a Renter has damaged a Property or any personal or other property at a Property and needs to make a claim against the Renter (a “Damage Claim”), the Owner must contact CollegeWeekends.com by sending an email to support@collegeweekends.com with details of the claim, including the name of the Renter or Renter’s Account user name, the Booking dates, identification of the Property and damage at issue, and sufficient proof of the damage claimed. Owners must file Damage Claims within seven (7) days of the Renter’s check out from the Property where the damage occurred or before the next Booking, whichever is later (the “Claim Period”). CollegeWeekends.com will not consider Damage Claims filed outside of the Claim Period, and the Owner hereby agrees to assume responsibility for all Damage Claims not submitted within the Claim Period. Proof of damage to be included in a Damage Claim may be in the form of a photograph or description of the damage together with a receipt or written estimate for the cost of repairing the damage. CollegeWeekends.com in its sole discretion has the right to determine whether proof of damage submitted with a Damage Claim is sufficient to warrant charging the Renter for the damage. Owners understand and hereby agree that CollegeWeekends.com will only pay for damage to Properties or any personal or other property at a Property caused by Renters after CollegeWeekends.com has successfully obtained payment for the damage from the Renter. Owners hereby agree to not seek payment for such damage from CollegeWeekends.com if CollegeWeekends.com is unable to obtain payment for the damage from the Renter.   

IV. RENTER TERMS

Renters understand that CollegeWeekends.com does not perform any background checks on potential Owners and CollegeWeekends.com makes no representations, warranties, or guarantees about the Users of the Sites. CollegeWeekends.com does not make any representations, warranties, or guarantees as to the conditions or quality of the Properties. CollegeWeekends.com does not have control of the Properties listed on the Sites. It is the Renter’s responsibility to contract with Owners on terms that are mutually agreeable between the parties.

As a Renter, you are responsible for leaving the Property (including any personal or other property located at the Property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Property, excluding the Owner (and the individuals the Owner invites to the Property, if applicable).

If an Owner submits a Damage Claim against you as a Renter and provides sufficient evidence that you as a Renter have damaged a Property or any personal or other property at a Property, the Owner can seek payment from you by contacting CollegeWeekends.com. If an Owner escalates a Damage Claim to CollegeWeekends.com, you will be given an opportunity to respond. If you agree to pay the Owner, or CollegeWeekends.com determines in its sole discretion that you are responsible for the Damage Claim, CollegeWeekends.com will, after the end of your stay, collect any such sums from you and/or against the security deposit (if applicable) required to cover the Damage Claim. If the cost to repair the damage exceeds the amount of the security deposit, then CollegeWeekends.com reserves the right to charge the credit card you used to pay for the Booking to cover the balance of the damage cost. CollegeWeekends.com also reserves the right to otherwise collect payment from you and pursue any remedies available to CollegeWeekends.com in this regard in situations in which you are responsible for a Damage Claim.

V. DISPUTE RESOLUTION

Users agree to cooperate with and assist CollegeWeekends.com in good faith, and to provide CollegeWeekends.com with such information and take such actions as may be reasonably requested by CollegeWeekends.com, in connection with any Damage Claims or other complaints or claims made by Users relating to Properties or any personal or other property located at a Property. A User shall, upon CollegeWeekends.com’s reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by CollegeWeekends.com or a third party selected by CollegeWeekends.com or its insurer, with respect to losses for which a User is requesting payment from CollegeWeekends.com.

If you are a Renter, you understand and agree that CollegeWeekends.com may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Property) of the Owner. You agree to cooperate with and assist CollegeWeekends.com in good faith, and to provide CollegeWeekends.com with such information as may be reasonably requested by CollegeWeekends.com, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as CollegeWeekends.com may reasonably request to assist CollegeWeekends.com in accomplishing the foregoing.

VI. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS

Users are responsible for any modifications to a Booking that they make via the Sites (“Booking Modifications”), and agree to pay any additional fees and/or taxes associated with such Booking Modifications.

If a Renter or Owner cancels a confirmed Booking 60 days or more prior to the check-in date of that Booking, then the total fee for the Booking (including cleaning fees, pet fees, taxes, etc.) less a processing fee will be refunded to the Renter.

If a Renter cancels a confirmed Booking less than 60 days from the check-in date but 30 days or more prior to the check-in date, then 50% of the total fee for the Booking (including cleaning fees, pet fees, taxes, etc.) less a processing fee will be refunded to the Renter.

The total fee for a confirmed Booking is nonrefundable if the Renter cancels the Booking less then 30 days prior to the check-in date.

If an Owner cancels a confirmed Booking, then CollegeWeekends.com will make a good faith effort to refund the total fee to the Renter. If an Owner cancels a confirmed Booking less than 48 hours from the check-in date, CollegeWeekends.com reserves the right to cancel the Owner’s Account, publish an automated review on the listing cancelled by the Owner indicating that the Owner cancelled a Booking, or take other reasonable measures determined by CollegeWeekends.com in its sole discretion, unless the Owner has a valid reason for cancelling the Booking or has legitimate concerns about the Renter’s behavior.

In certain circumstances, CollegeWeekends.com may decide, in CollegeWeekends.com’s sole discretion, that it is necessary to cancel a pending or confirmed Booking and initiate corresponding refunds and payouts. This may be for reasons that CollegeWeekends.com’s considers to be an extenuating circumstance or where CollegeWeekends.com believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to CollegeWeekends.com, other Users, third parties or property, or for any of the reasons set out in these Terms.

If a Renter who makes a Booking suffers a Travel Issue (as defined below), CollegeWeekends.com may determine, in CollegeWeekends.com’s sole discretion, to refund the Renter part or all of the total fees.

A “Travel Issue” means: (i) the Owner of the property cancels a Booking shortly before the scheduled start of the Booking or fails to provide the Renter with the reasonable ability to access the Property; (ii) the Listing’s description, depiction, or location of the Property is materially inaccurate; or, (iii) the Property is not clean and sanitary or contains safety or health hazards.

If a Renter or CollegeWeekends.com cancels a confirmed Booking, and the Renter receives a refund after the Owner has already been paid, CollegeWeekends.com will be entitled to recover the amount of any such refund from the Owner, including by subtracting such refund amount out from any future payouts due to the Owner.

VII. USER LICENSE SCOPE

CollegeWeekends.com grants you permission (which may be revoked at any time for any reason or no reason) to Use the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by CollegeWeekends.com, you may not deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. CollegeWeekends.com reserves all of its statutory and common law rights against any person or entity who violates this section. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from CollegeWeekends.com. You may like or follow CollegeWeekends.com or share links to the Sites via social networking technology reference on the Sites. Any rights not expressly granted herein are reserved.

VIII. USER CONDUCT

You agree that your Use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:

  1. not to Use the Sites or their services if you are under the age of 18;
  2. not to Use the Sites or their services if you do not reside in the United States or any of its territories;
  3. not to Use the Sites if you or your Property are not in good standing with your local, state and federal laws;
  4. not to Use the Sites if you are unable to enter into a legally binding contract;
  5. not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
  6. not to Use the Sites or services using a third-party’s Account or information without the express consent of the Account holder;
  7. not to use the Sites for illegal purposes;
  8. not to commit any acts of infringement on the Sites or with respect to content on the Sites;
  9. not to use the Sites to engage in commercial activities apart from sanctioned use of CollegeWeekends.com services;
  10. not to copy any content for republication in print or online;
  11. not to attempt to gain unauthorized access to other computer systems from or through the Sites;
  12. not to interfere with another person’s Use and enjoyment of the Sites or another entity’s Use and enjoyment of the Sites;
  13. not to upload or transmit viruses or other harmful, disruptive or destructive files;
  14. not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites; and/or
  15. not to use any other User’s personal information that you obtain through Use of the Sites for any reason other than to communicate with that User on the Sites, Use the services provided on the Sites, or facilitate a Booking unless that User expressly agrees to you using their information for a separate purpose.

IX. HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or republication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that CollegeWeekends.com will be entitled to temporary and permanent injunctive relief to prohibit such activity.

X. DISCLAIMER OF RESPONSIBILITY FOR MATERIAL

CollegeWeekends.com neither represents nor warrants that content or information accessible via the Sites is accurate, complete, reliable, current or error-free including, without limitation, the condition of a Property, pricing, or availability of Properties. All information and content on the Sites is subject to change without notice. CollegeWeekends.com assumes neither responsibility nor liability for any errors or omissions in the content of the Sites

You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws and may not be used except as provided in these Terms without advance, written permission of CollegeWeekends.com. All CollegeWeekends.com Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Sites are copyrights of CollegeWeekends.com, all rights reserved.

XI. TERMINATION AND MODIFICATION TO THE SITES

CollegeWeekends.com reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.

Notwithstanding CollegeWeekends.com’s right to edit and amend the content, copy and photographs, CollegeWeekends.com does not accept and shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by CollegeWeekends.com

XII. INDEMNITY

You agree to indemnify, defend, and hold CollegeWeekends.com, its vendors, and their subsidiaries and affiliates, agents, officers, directors, or other employees, partners, and successors in interest harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your Use of the Sites, your violation of these Terms, and any other acts or omissions relating to the Sites.

XIII. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY COLLEGEWEEKENDS.COM OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, PROPERTIES, LISTINGS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLLEGEWEEKENDS.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

XIV. LIMITATION OF LIABILITY

IN NO EVENT SHALL COLLEGEWEEKENDS.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF COLLEGEWEEKENDS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. COLLEGEWEEKENDS.COM DOES NOT ASSUME ANY RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. COLLEGEWEEKENDS.COM DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLLEGEWEEKENDS.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO COLLEGEWEEKENDS.COM OR A BUSINESS AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, EXCEPT AS MAY BE EXPLICITLY PROVIDED FOR IN THIS PARAGRAPH.

XV. ACCOUNTS, PASSWORDS AND SECURITY

Use of the Sites may require that you register and/or create an account (“Account”) or Use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of your Use of the Sites, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CollegeWeekends.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CollegeWeekends.com has the right to refuse any and all current or future Use of the Sites (or any portion thereof). If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant CollegeWeekends.com all permissions and licenses provided in these Terms. You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify CollegeWeekends.com of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. CollegeWeekends.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. CollegeWeekends.com may suspend or cancel your Property Listing or Account at any time without notice if we suspect, at our sole discretion, that your Account, including your email account, is being used in an unauthorized or fraudulent manner. The collection and use of any personal information obtained by your Use of the Sites is described in CollegeWeekends.com’s Privacy Policy.

CollegeWeekends.com does not assume any responsibility for the confirmation of any User’s purported identify. CollegeWeekends.com encourages all Users to communicate with each other prior to Booking and check-in to assure themselves of the other User’s identify and, for the Renters, of the Property and relevant details of the Booking.

You acknowledge and agree that CollegeWeekends.com is not liable to any User for any unauthorized transaction or Booking made using any User’s Account, Account designation or password and the unauthorized use of your Account and password could cause you to incur liability to both CollegeWeekends.com and other Users.

Each User acknowledges and agrees that, regardless of such User’s physical location, CollegeWeekend.com may store and process any data transmitted to the Sites from such User at locations both within and outside of the United States.

XVI. COMMUNICATIONS

By Using the Sites or sending emails to CollegeWeekend.com, you are communicating with us electronically. You consent to receive communications from us electronically. If you provide an email address to CollegeWeekend.com, we reserve the right to communicate with you by email. CollegeWeekend.com may also communicate with you by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

XVII. REVIEWS AND COMMENTS

The Sites may include forums, bulletin boards, chat rooms, or other opportunities through which Users may provide or upload content to the Sites (“Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement or misappropriation of the intellectual property rights of any third party; (3) illegal in any way or that advocates illegal activity; or (4) an advertisement or solicitation of funds, goods, or services. You represent and warrant to CollegeWeekends.com that you own all right, title, and interest in and to any Provided Content that you provide or upload to the Site, or that you have sufficient rights, whether by implication, estoppel, or otherwise, to grant CollegeWeekends.com the rights discussed in this agreement. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a review or other content.

CollegeWeekends.com reserves the right (but is not obligated) to monitor, remove or edit such content, but may not regularly review Provided Content. By providing or uploading any Provided Content to the Sites, unless otherwise stated in a separate agreement entered into by you and CollegeWeekends.com in connection with your upload of any Provided Content, you grant CollegeWeekends.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant CollegeWeekends.com the right to use your name in connection with the reproduction or distribution of such material.

XVIII. LINKS

As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with CollegeWeekends.com while others are not. CollegeWeekends.com is not responsible for the contents of any website pages created and maintained by organizations other than CollegeWeekends.com. Visiting any such third-party website pages is at your own risk. CollegeWeekends.com neither has any control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after your independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by CollegeWeekends.com. By using the Sites, you acknowledge that CollegeWeekends.com is responsible neither for the availability of, nor the content located on or through any third-party website pages.

XIX. INTELLECTUAL PROPERTY

COLLEGE WEEKENDS™ and COLLEGEWEEKENDS.COM™ (word marks and logos) are CollegeWeekends.com’s trademarks. Such trademarks and other marks, logos, and names of CollegeWeekends.com or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under CollegeWeekends.com’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CollegeWeekends.com. All other trademarks not owned by CollegeWeekends.com (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CollegeWeekends.com or its affiliates.

The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on the Sites or provided from or through the Sites are protected by the intellectual property rights of CollegeWeekends.com. Your access to and use of any Content is also subject to any other license or other agreement separate from this agreement that you may have entered into (or may enter into) with CollegeWeekends.com relating to that Content (each such license or other agreement, a “Content Agreement”).

Except as expressly set forth in this agreement or any Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Sites or Content, or any intellectual property rights therein or related thereto, and you may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Sites or Content without the prior written permission of CollegeWeekends.com.

XX. VIOLATION OF TERMS

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CollegeWeekends.com to pursue legal action to enforce these Terms, you will be liable to pay CollegeWeekends.com the following amounts as liquidated damages, which you accept as reasonable estimates of CollegeWeekends.com’s damages for the specified breaches of these Terms:

  1. If you post a message that (A) impersonates any person or entity; (B) falsely states or otherwise misrepresents your affiliation with a person or entity; or (C) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay CollegeWeekends.com one thousand dollars ($1,000) for each such message.
  2. If you send unsolicited email advertisements through CollegeWeekends.com’s computer systems, you agree to pay CollegeWeekends.com one thousand dollars ($1,000) for each such email.
  3. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own content) in violation of these Terms without CollegeWeekends.com’s express written permission, you agree to pay CollegeWeekends.com one thousand dollars ($1,000) for each day on which you engage in such conduct.
  4. Otherwise, you agree to pay CollegeWeekends.com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CollegeWeekends.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

XXI. CONSIDERATION

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your Use of the Sites and receipt or use of data, content, products and/or services through the Sites

XXIII. ENFORCEABILITY

If any portion of these Terms are found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.

XXII. JURISDICTION, APPLICABLE LAW AND LIMITATIONS

This Site is created and controlled by CollegeWeekends.com in the State of Virginia. You agree that these Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Virginia, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. CollegeWeekends.com does not make any claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms, or services available on or through the Sites must be filed in a federal or state court located in Chesapeake, Virginia, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

XXIII. ENFORCEABILITY

If any portion of these Terms are found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.

XXIV. ENTIRE AGREEMENT

Except as expressly provided in a particular legal or privacy posting or other notice on particular pages of the Sites, these Terms, which hereby incorporate by reference the terms of CollegeWeekends.com’s Privacy Policy, constitute the entire agreement between you on the one hand and CollegeWeekends.com on the other, superseding all prior agreements regarding the Sites.

XXV. NO WAIVER

The failure of CollegeWeekends.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. No party hereto shall be deemed to be in default of any provision of the Terms for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

XXVI. HEADINGS & CONSTRUCTION

The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

XXVII. TERMS AND TERMINATION

This agreement will be effective on the date you first Use the Site and will continue until terminated. CollegeWeekends.com may terminate this agreement immediately, for any reason or no reason, with or without notice to you. You may terminate this agreement upon written notice to CollegeWeekends.com, such termination effective 10 business days following acknowledgment of receipt of such notice by CollegeWeekends.com. CollegeWeekends.com may also suspend your Use of the Sites and direct you to cease Using the Sites with or without notice to you and with or without cause.