Terms of Use for Courses by Write Your Acceptance, Collegium Prep, Inc.

Please read these Terms of Use carefully before purchasing, accessing or using any of our Courses. The information contained on this web page governs your use of the WriteYourAcceptance.com website. By using this website, you acknowledge that you understand the terms and conditions set out herein, and that you agree to comply with these terms and conditions. If you are unable to accept and abide by these terms, please do not use this site or its information. Please note that these terms and conditions may change from time to time. Therefore, please refer to this material whenever you use the site.

Terms of Use

Our Courses and Services are owned and operated by Collegium Prep, Inc. (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Courses and Services.

These Terms of Use (“Terms of Use”) state how you may use our Courses, Services, and their content (collectively “Course Materials”). Please read these Terms of Use carefully. We reserve the right to change these Terms of Use at any time.

By using any of our Courses and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Courses and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Courses and Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of our Courses and Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy , and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing, or using our Courses and Services, in any manner constitutes use of the Courses, and Services, and your agreement to be bound by these Terms of Use.

Intellectual Property Rights

Our Courses and Services and all the Course Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Courses and Services is solely owned by us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Course Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Course Materials through our Courses and Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Courses and Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Courses and Services with permission and restrictions. This means that when you purchase a Course or Service from our Website or otherwise, you are purchasing the limited right to use the Course Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

You are permitted to use our Courses and Services as follows:

You may download and/or print Course Materials for your own personal use and in your business under the terms indicated in this Terms of Use and noted below.

However, you are not permitted to share, sell, reprint or republish any other of our Course Materials, including handouts and worksheets, for resale or mass reproduction purposes for your own business use.

Any trademarks, taglines, and logos displayed on Course Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Courses Services titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Courses and Services and the Course Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special, and unique asset of ours which needs to be protected from improper and/or unauthorized use.

When you enroll in or purchase our Courses and Services, you agree that you are clearly and expressly prohibited from doing the following:

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Courses, Services or Course Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

Your License to Us. By posting or submitting any material on or through our Courses Services or Course Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Courses, Services, and/or Course Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Courses, Services, and/or Course Materials at any time for any reason whatsoever.

Media Release. By participating in our Courses and Services, and using our Course Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Courses or Services in our current or future Courses or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Request for Permission to Use Content

Any request for written permission to use our Courses, Services, or Course Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact” form on this Website, or by sending an e-mail to [email protected].

We very clearly state that you may not use our Courses, Services, or Course Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Courses, Services, or Course Materials.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Courses and Services and you agree that you are doing so at your own risk. Our Courses and Services are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Courses and Services. Our Courses and Services are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Courses and Services.

We take every precaution to protect our Courses and Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Courses and Services or the contributions or information transmitted to us on or through our Website or our Courses and Services. Submitting contributions or information on our website through our Courses and Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company, or entity arising out of use of our Courses and Services and you agree that you are assuming such risks.

Disclaimer

Our Courses, Services, and Course Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Courses, Services, and Course Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Course Materials participant or user, including you.

Admissions Disclaimer. You acknowledge that we have not and do not make any representations as to the increased likelihood of acceptance, rejection, wait-listing, deferral, or any other decision for admittance to any university, college, two-year college, any institution of higher education, or educational institution whatsoever, that may be derived as a result of your participation in our Courses, Services, and Course Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Courses and Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Courses, Services, or Course Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, SERVICES, OR COURSE MATERIALS. YOU AGREE THAT PROGRAMS, SERVICES, OR COURSE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, SERVICES, OR COURSE MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR COURSES AND SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Courses and Services is uninterrupted and error-free, including our content and communications through methods like our Website, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Courses, Services, or Course Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Courses, Services, or Course Materials inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Courses, Services, and Course Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Courses, Services, or Course Materials. These links are provided for your convenience and the inclusion of any link in our Courses, Services, or Course Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Courses, Services, or Course Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

By purchasing and/or using our Courses, Services, or Course Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Courses, Services, or Course Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability. Although we make reasonable efforts to keep material on this website current, the information contained in this website is provided only as general information, which may or may not reflect the most recent legal developments. Therefore, you should not act upon any information on this website without seeking professional counsel. Collegium Prep, Inc. and WriteyourAcceptance.com make no warranties, representations or claims of any kind with respect to any of the information on this website, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Collegium Prep, Inc. and WriteyourAcceptance.com or any of its employees, consultants or agents involved in the creation or delivery of the material on this website be liable to you or anyone else as a result of damages from your access or use of material on this website. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Courses, Services, or Course Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Courses, Services, or Course Materials, or in any way or in any location. In the event that you use our Courses, Services, or Course Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Courses, Services, or Course Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Courses, Services, or Course Materials in any way that causes or is likely to cause the Courses, Services, or Course Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Courses, Services, or Course Materials for lawful purposes only. You agree that you will not use our Courses, Services, or Course Materials in any of the following ways:

Communication Guidelines

If you have a question or concern about your Courses, Services, or Course Materials, you may send an e-mail to [email protected] and we will do our best to reply to your question or concern promptly.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Course or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a seven (7) day grace period to make the payment otherwise the Course, Product, or Service will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Courses, Products, or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Courses, Products, and/or Services.

All information obtained during your purchase or transaction for our Courses and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Courses, Services, and Course Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Courses or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Courses, Services, or Course Materials (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Courses, Services, or Course Materials, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Courses or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

Refund Policy

Your satisfaction is important to us, which is why we offer a 15-day refund period for all of our programs - guaranteed.

By using and/or purchasing any of our Courses, Services, or Course Materials, you understand and agree to this refund policy.

If you've read and understand this refund policy and would like to request a refund, please email us at [email protected].

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Courses or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Miami, FL and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Courses or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Governing Law and Forum

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any dispute regarding these terms or conditions or use of this website shall be resolved in the United States District Court for the Southern District of Florida, provided it has subject matter jurisdiction. Otherwise, such disputes shall be decided before the courts of Miami-Dade County, Florida. Each party hereby agrees to waive its right to a jury trial in all legal proceedings.


If you have any questions about any term of these Terms of Use, please contact us at [email protected]. Thank you.

Updated 6/25/18