Conditions of Use
Conditions of Use
Welcome to metaCollege.com. Think AF LLC ("Think AF") provide website features and other products and services to you when you visit or shop at metaCollege.com, use Think AF products or services, use Think AF applications for mobile, or use software provided by Think AF in connection with any of the foregoing (collectively, "Think AF Services"). Think AF provides the Think AF Services subject to the following conditions.
We offer a wide range of Think AF Services, and sometimes additional terms may apply. When you use an Think AF Service (for example, Your Profile, Your Purchase Records) you also will be subject to the guidelines, terms and agreements applicable to that Think AF Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
By using Think AF Services, you agree to these conditions. Please read them carefully.
When you use Think AF Services, or send e-mails, metaCollege Messenger, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Think AF Services, such as our metaCollege Messenger, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Think AF Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Think AF or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Think AF Service is the exclusive property of Think AF and protected by U.S. and international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Think AF or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Think AF Services. This license does not include any resale or commercial use of any Think AF Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Think AF Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Think AF or its licensors, suppliers, publishers, rightsholders, or other content providers. No Think AF Service, nor any part of any Think AF Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Think AF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Think AF without express written consent. You may not use any meta tags or any other "hidden text" utilizing Think AF's name or trademarks without the express written consent of Think AF. You may not misuse the Think AF Services. You may use the Think AF Services only as permitted by law. The licenses granted by Think AF terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own metaCollege account to use certain Think AF Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Think AF does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Think AF Services only with involvement of a parent or guardian. Think AF reserves the right to refuse service, terminate accounts, terminate your rights to use Think AF Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not post any alcoholic item or any other item that is prohibited on a college campus (including drugs). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Think AF reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Think AF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Think AF and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Think AF for all claims resulting from content you supply. Think AF has the right but not the obligation to monitor and edit or remove any activity or content. Think AF takes no responsibility and assumes no liability for any content posted by you or any third party.
Think AF respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please go to Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from Think AF are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
For information about our returns and refunds, please see our Refund Policy.
Think AF attempts to be as accurate as possible. However, Think AF does not warrant that product descriptions or other content of any Think AF Service is accurate, complete, reliable, current, or error-free. If a product offered by Think AF itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on metaCollege and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Think AF.
With respect to items sold by Think AF, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Think AF is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
You enter into a legally binding contract to purchase an item when you commit to buy an item or your offer for an item is accepted
AUTHORIZATION TO CONTACT YOU; RECORDING CALLS; ANALYZING MESSAGE CONTENT
Think AF LLC may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Think AF LLC may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Think AF LLC may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
When you use apps created by Think AF, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Think AF Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Think AF Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than Think AF operate stores, provide services or software, or sell product lines through the Think AF Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Think AF does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Think AF services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Think AF services are provided by Think AF on an "as is" and "as available" basis, unless otherwise specified in writing. Think AF makes no representations or warranties of any kind, express or implied, as to the operation of the Think AF services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Think AF services, unless otherwise specified in writing. You expressly agree that your use of the Think AF services is at your sole risk.
To the full extent permissible by law, Think AF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Think AF does not warrant that the Think AF services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Think AF services, Think AF's servers or electronic communications sent from Think AF are free of viruses or other harmful components. To the full extent permissible by law, Think AF will not be liable for any damages of any kind arising from the use of any Think AF service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Think AF service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Any dispute or claim relating in any way to your use of any Think AF Service, or to any products or services sold or distributed by Think AF or through metaCollege.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Northwest Registered Agent, LLC., 90 State Street, STE 700 Office 40, Albany, NY 12207. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Think AF will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Think AF Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Think AF.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Think AF Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL Think AF SOFTWARE TERMS
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Think AF's agent for notice of claims of copyright infringement on its site can be reached as follows:
Think AF LLC
90 State Street, STE 700 Office 40
Albany, NY 12207
Please note that this procedure is exclusively for notifying Think AF that your copyrighted material has been infringed.
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