Most recent update: July 2020
Please read this Terms of Service Agreement carefully before using this site. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
These Terms of Service (“Terms”) are the terms of a contract between you and Student Playbook Series, LLC, and its programs (Freshman Playbook, Freshman Forms, etc.), partner organizations and affiliates (“Company”, “we” or “us”), which is applicable when you visit our website and use our products and/or services, as well as any content provided by us (individually and collectively, the “Service”, “Services” or “Platform”), globally, in existence now or in the future. You are referred to herein as “you,” “your” or the “User.”
We may update these Terms from time to time, so if you visit our website on more than one occasion, please be sure to re-read these Terms. If you continue to use the Platform after the effective date of any change in these Terms, you will be deemed to have accepted the change.
GENERAL ACCESS TO THE PLATFORM.
Except for the Freshman Playbook Platform, the Services are offered and made available only to users 18 years of age or older. If your use of the Platform is prohibited or restricted in any way by the laws, regulations, rules or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Platform immediately. For Freshman Playbook, if you are not 18 years of age or older, you must have parental consent to register and access the services provided by the Freshman Playbook Platform. BY ACCESSING THE PLATFORM: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, (II) SHOULD YOU UTILIZE THE PRODUCTS AND SERVICES WE OFFER, YOU AGREE TO PAY THE ASSOCIATED RATES, FEES AND CHARGES, ALL OF WHICH CAN BE FOUND ON OUR WEBSITE AND (III) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. EXCEPT AS STATED IN THE REFUND POLICY SECTION BELOW, YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY FEATURES, FUNCTIONS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM (COLLECTIVELY “SERVICES”), IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR SERVICES OR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY ONCE YOU ACCESS THE PLATFORM.
The words “use” or “using” in this Agreement, means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Platform, receives data from or transmits data to, the Platform, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Platform, for any purpose whatsoever or for any reason whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or any links on the Platform that may direct your browser or your Internet connection to third party websites.
The minimal personally identifiable information we collect includes the name and address of the principal and agent. In some instances, we collect credit card payment information through a third-party paying agent; we neither receive nor retain any of your payment information. For certain products, you may need to provide other non-personally identifiable information such as gender. You can decline to submit personal information for any of our products and/or services, in which case our Services may not be available to you and we will not be able to provide access to our Services or Platforms to provide those products and/or services to you.
Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license us to use, reproduce, and create derivative works from information, communications or material. We reserve the right to use comments, testimonials and other statements made by you on our Platform, including, but not limited to those you may post on any bulletin boards, in our frequently asked questions section, and in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third-party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on our website or to withdraw, change or add products or services contained within our Platform at any time.
If you are using the Freshman Forms Platform, you understand that Freshman Forms serves as a resource to its end users like you by offering the ability to prepare your own documentation that may be needed to facilitate the sharing of information in the event of an emergency. Freshman Forms’ Platform gives you the ability to generate critical documentation, such as a durable financial power of attorney or a durable medical power of attorney after inputting user-specific information, which can then be downloaded and stored securely by you. It is important to note that many of these types of documents have state-specific requirements which, if lacking in any respect, may result in the documents not being accepted by or enforceable against providers of information, such as doctors, clinics, hospitals or pharmacies. However, your use of the products and services provided by Freshman Forms should not be a substitute for legal advice and guidance – neither of which Freshman Forms is offering, directly or indirectly, through its products and/or services. Your use of Freshman Forms’ Platform does not create an attorney-client relationship. Instead, you are representing yourself when utilizing the Platform for legal purposes. By using Freshman Forms’ Platform, you acknowledge and understand that your use of our forms is neither legal advice nor the practice of law, and that these forms are not customized for your particular needs.
While Freshman Forms strives to keep its Platform, as well as its products and services, compliant with any and all applicable laws, Freshman Forms cannot guarantee that any particular product or service complies with the law because changes to laws do occur from time to time. If you have paid any and all applicable fees and charges to Freshman Forms to use Freshman Forms’ Platform and discover that any documentation you had generated through the Platform is not compliant with applicable law, please see the Refund Policy section of these Terms below.
REGISTRATION / TERMINATION.
Services are available as a “pay-as-you-go” service conditioned upon you providing accurate information. If the information you provide is inaccurate, incomplete, untrue or outdated, or we have reason to believe that it is or may be inaccurate, incomplete, untrue or outdated, we have the right to restrict, limit or prohibit your current or future use of the Platform. You understand and agree that the Platform may, under certain circumstances and without prior notice to you, terminate your access to it and its use with or without cause.
LIMITED USE LICENSE / RESTRICTIONS.
The services we provide are owned and operated by Student Playbook, LLC. All right, title and interest in and to the products, materials, and services provided on the Platform, including but not limited to information, documents, logos, graphics and images (collectively, the “Materials”) are owned either by Student Playbook, LLC or by our respective third-party vendors. Except to the extent expressly permitted by the Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any manner and nothing on the Platform or on any products or services available through the Platform shall be construed to confer any license under any intellectual property rights of Student Playbook, LLC. However, we hereby grant you the limited right to download, view, copy and print the Materials on any single computer solely for your personal, informational, and non-commercial use; provided that (i) you pay for the use of the Platform, (ii) the copyright and trademark notices appearing on any Materials shall not be altered or removed, (iii) the Materials are not used for anything other than personal, non-commercial purposes and (iv) the Materials remain unmodified, except to the extent modified for editing of downloadable forms for personal use. This permission remains subject to your compliance with these Terms. If your permission is terminated, you agree to immediately destroy any and all Materials you have obtained.
LINKS TO OTHER WEBSITES.
WARRANTY DISCLAIMER/LIMITATION OF LIABILITY.
We advise you that your use of our Services is at your sole risk. We are unable to warrant that your access to or use of the Platform will be error-free or problematic; nor can we warrant that its Platform or the server(s) on which the Platform operates is free of viruses or other harmful components.
We recommend that you consult with the appropriate professional concerning your particular circumstances. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content available pursuant to the Platform.
If you suffer any damages, losses, and/or liabilities as a result of our Services or any of the products or services provided by it whether in contract, tort (including, without limitation, negligence), or otherwise, our maximum liability (which includes, collectively, its affiliates, officers, directors, employees, agents, suppliers and licensors) to you shall not exceed One Thousand Dollars ($1,000.00). This limitation of liability applies whether the claims are contract, tort (including negligence), or otherwise. This limitation of liability is in the aggregate and not per incident. Neither party may bring a claim under this Agreement more than twelve (12) months after the event that creates the action or claim. Some jurisdictions do not allow for the limitations on damages and remedies. For that reason, some of the limitations described above may not apply to you.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PLATFORM, STUDENT PLAYBOOK, LLC OR ANY OF ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND IN CONNECTION WITH OR ARISING FROM USER USE OF THE PLATFORM OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. These exclusions apply regardless of the theory of liability, or whether related to your use or inability to use the Platform, or otherwise. These exclusions apply even if either party has been advised of the possibility of such damages.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY STUDENT PLAYBOOK, LLC, THE PRODUCTS AND SERVICES OF STUDENT PLAYBOOK, LLC ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. STUDENT PLAYBOOK, LLC DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY PRODUCTS AND/OR SERVICES CONTAINED ON THE PLATFORM. STUDENT PLAYBOOK, LLC DOES NOT REPRESENT OR WARRANT THAT THE DOCUMENTATION AVAILABLE ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. STUDENT PLAYBOOK, LLC WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN – OR TAKEN IN RELIANCE – ON MATERIAL OR INFORMATION, CONTAINED ON AVAILABLE THROUGH THE PLATFORM. WHILE STUDENT PLAYBOOK, LLC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, STUDENT PLAYBOOK, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM. STUDENT PLAYBOOK, LLC CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE OR SUBMIT TO US ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
STUDENT PLAYBOOK, LLC WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND WE ACCEPT NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM.
CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (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 us 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 Site 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 us to locate the material on the Site; (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 us against you, the DMCA permits you to send us 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 Site should be sent to CT Corporation System, 4701 Cox Rd, Glen Allen, VA 23060-6802. 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.
In the event that we are subject to any claim, cause of action or liability as a result of your use of the Platform or any product or service made available to you by or through the Platform, you agree to defend, hold harmless, and indemnify us from and against any and all such claims, as well as any damages, costs, debt, losses, liabilities, obligations, injuries, and expenses, including reasonable attorney’s fees and costs, arising from your use of and access to the Platform.
You agree to cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with this Agreement and/or your use of the Platform, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a “Dispute”). You agree to provide written notice to us of your dispute. Once we receive notice of your dispute, we will attempt to resolve it within ninety (90) days. If we are unable to resolve a Dispute within ninety (90) days of written notice of such Dispute being received by both parties, such Dispute shall be finally settled by Binding Arbitration as defined below. You agree to wait until after this 90-day resolution period before filing an arbitration demand.
Any Dispute not resolved within ninety (90) days as set forth above shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The number of arbitrators shall be one who shall be selected by us. The seat, or legal place, of arbitration shall be Bethesda, Maryland. The language to be used in the arbitral proceedings shall be English. The governing law of the Agreement shall be the substantive laws of the State of Maryland applicable to contracts made, executed and wholly performed in that State. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The arbitration award shall be final and binding on the parties (“Binding Arbitration”). The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and we shall be responsible for our respective attorneys’ fees and expenses. This agreement to arbitrate shall survive the termination of these Terms.
Any Dispute arising out of or related to this Agreement is personal to you and us and shall not be brought as a class arbitration, class action or any other type of representative proceeding. There shall be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Although the Platform may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own initiative and are solely responsible for compliance with all local laws including but not limited to tax and securities laws. Any offer for any product, service and/or information made in connection with the Platform is void where prohibited.
GOVERNING LAW; VENUE.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard to its conflict of law provisions. Arbitration taking place in the City of Bethesda and County of Montgomery shall be the exclusive dispute resolution process used by the parties hereto and shall conform to the Rules and Procedure laid down by the American Arbitration Association as described above. Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury or class action in respect of any litigation. We make no representation that materials provided through the Platform are appropriate or available for use in all locations. Those who choose to access the Platform do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent applicable. We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction we so desire, at any time and at our sole discretion, and to limit the quantities of any such service or product that we provide.
Certain products and/or services may be offered for free or on a trial basis periodically. The terms and conditions of the offer shall govern any free trials; if no such terms and conditions are contained in the offer, this Agreement shall govern and its specific provisions shall apply to all matters of which the offer is silent.
Except as noted in a Refund Policy, no refund shall be available for free trials properly converted to paid services or for fees of other services.
With respect to any paid products and/or services available on the Platform, we will reimburse you for the fee or charge actually paid by you if the products and/or services provided by and through our Platform do not actually serve the purpose for which they were intended. Claims for reimbursement must be made within one (1) year of your initial use of the Platform, product or service provided by us, and be accompanied by such documents and information for us to reasonably determine that a refund is warranted.
These Terms may be modified by us from time to time to include changes to the Platform, such as removing or discontinuing any form or content or feature of the Platform or changes to the fees, charges, or other conditions for use of the Platform. Any modification we make to these Terms will be effective seven (7) days after notice of any change is provided to you (or when you revisit the Platform at a later date after your initial use of the Platform), and may be done by means including, but not limited to, a posting on this website or via email. Your use of the Platform after such notice or revisit will be deemed acceptance of such modifications. If you do not agree with these Terms, do not utilize the Platform for any purpose.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. 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 the Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve all rights to alter, modify and enforce these Terms. These Terms contain the entire agreement between you and us and supersede any and all prior agreements.
If you have any questions about this Terms of Service or our treatment of the information you provide us, please write to us by email at [email protected] or by mail to Student Playbook, LLC, 7101 Wisconsin Ave, Suite 620, Bethesda, MD 20816.