These terms and conditions ("Terms") apply to your use and access of websites owned and operated by Union Hall Advising ("Union Hall"), including www.unionhalladvising.com ("Union Hall Sites"). By using a Union Hall Site and/or creating an account on a Union Hall Site, you accept these Terms. Union Hall may revise these Terms at any time by updating them as they are displayed on the Union Hall Sites. We are not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals or entities accessing this Union Hall Site.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
USE OF UNION HALL SITES
Union Hall authorizes you to view and access Union Hall Sites solely for your personal, non-commercial use to aid in your college application process ("Permitted Use"). You may not copy or adapt any of the Web Site Content (defined below) or the underlying code with respect to any portion of any Union Hall Site or the content appearing therein. You may not use any Union Hall Site for any purpose that violates any applicable U.S. federal, state or foreign law. You may not use any Union Hall Site to violate the privacy (e.g., by improperly accessing Personal Information) or infringe the intellectual property rights of any third party. You may not use defamatory, threatening, hateful, obscene, or abusive language, images or postings on any Union Hall Site.
PROPRIETARY RIGHTS
As between you and Union Hall, Union Hall owns the copyright in all content of the Union Hall Sites, including text, images, graphics, logos, links, button icons, software and other content(collectively, "Website Content"). Trademarks and logos used on the Union Hall Sites are owned by Union Hall or are used with permission from the respective owners or in accordance with applicable law. No use of any Union Hall trademark or any other trademark listed is permitted without express written consent.
UNION HALL SITE SECURITY RULES
You may not violate or attempt to violate the security of any Union Hall Site, including (a) intercepting or accessing data the user is not authorized to access, (b) attempting to scan the vulnerability of a system or network or to breach security or authentication measures without Union Hall's prior express written authorization, (c) attempting to interfere with service to any user, host or network, including transmitting a virus to any Union Hall Site or similar malicious activity, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Security violations may result in civil or criminal liability.
USER CONDUCT
Union Hall Sites are for Permitted Uses only. You agree you will not:
(a) Use any device, software or routine to interfere or attempt to interfere with the proper working of any Union Hall Site;
(b) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Union Hall Site other than the search engine and software available from Union Hall on such Union Hall Site and other than generally available third party web browsers;
(c) Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithm related to any Union Hall Site;
(d) Attempt to compromise the security or privacy of another Union Hall user's personal information;
(e) Impose an unreasonable or disproportionately large load on any Union Hall Site's infrastructure; and
(f) Aggregate, copy or duplicate any of the Web Site Content or information available from any Union Hall Site.
PRIVACY POLICY
When you register for a Union Hall Site, you may be asked to provide Union Hall with certain information including, without limitation, a valid email address (your "Personal Information"). Union Hall will use commercially reasonable efforts to handle your Personal Information in accordance with the Union Hall
Privacy Policy posted on the Union Hall Sites, which is subject to change from time to time. In addition, you agree that Union Hall may disclose to third parties, on an anonymous basis, aggregate information based on the information you provide to Union Hall and your usage of the Union Hall Sites. Union Hall is not responsible for any data collection and practices of nonaffiliated third parties that are linked to from a Union Hall Site or to whom your Personal Information is provided in accordance with the Union Hall Privacy Policy.
AGE REQUIREMENT
Union Hall Sites and the services offered on them are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
PASSWORD
When you register at a Union Hall Site, you may need to create a password for future access to your Union Hall Site account. You must maintain the confidentiality of your password as you are responsible for all activity that occurs under your account when authenticated with your password. You agree to notify Union Hall immediately of any unauthorized use of your account or password, or any other breach of security. You will be able to permit others to access your account and information, such as a school counselor or advisor, and each person will set their own password the first time they access your account. Your granting of permission to these other users is at your own risk and Union Hall is not responsible for any action taken by those other users. If you lose your password, Union Hall may email your password to the email address in our records and associated with your account. Union Hall is not liable for any misuse as a result thereof.
VIOLATION OF THESE TERMS
Any violation of these Terms as determined by Union Hall in its sole discretion may result in the immediate denial of access to the Union Hall Sites. Union Hall may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.
INTERACTION WITH OTHER USERS
The Union Hall Sites may contain chatrooms, public posting forums or other forums permitting direct communications with other Users (each a "Public Access Area"). Any information provided by you in a Public Access Area is public. Union Hall is not responsible for any information posted and/or viewed in Public Access Areas. You may not post content to a Public Access Area that violates any applicable law, contains offensive or abusive content, advertises or solicits funds, goods or services or contains viruses or other material that may damage another's computer. Union Hall may remove any content from any Public Access Area at any time and without notice. By posting in a Public Access Area any content authored or owned by you, you automatically waive all rights to any intellectual property that may be contained in such posting and, if for any reason that waiver is determined to be invalid, you grant to Union Hall and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purposes.
NO WARRANTIES
Union Hall Sites are a venue for students and their parents to learn about colleges and the application process. Other than helping students with the application process, Union Hall does not control and is not involved in admissions decisions or the admission process between colleges, universities and students. Union Hall is not responsible for transactions with advertisers appearing on a Union Hall Site or in newsletters. The Web Site Content may contain in accuracies or typographical errors. Union Hall makes no representations about the accuracy, reliability or completeness, of any Union Hall Site or the Web Site Content or the timeliness of any services therein provided. The use of the Union Hall Sites and the Web Site Content is at your own risk. Changes are periodically made to the Union Hall Sites. While we will endeavor to make these changes at a time least likely to interfere with your use of any Union Hall Site, such changes may be made at any time. Certain Web Site Content may contain information about paying for college and related tax or legal consequences. You understand that this content is provided for informational purposes only and is not a substitute for professional advice from qualified practitioners. You should always seek professional advice tailored to your individual circumstances. Certain portions of the Web Site Content may indicate to you your likelihood of admission to a particular college or university. Such services are for directional purposes only and should not be relied upon in your college search process. Always talk to college admissions personnel and high school counselors if you are unsure of your chances of admission to a particular college or university. You assume all risks regarding your use of this tool and understand that any decision to apply or not to apply to any particular college or university and the resulting consequences are your sole responsibility.
UNION HALL DOES NOT WARRANT THAT ANY UNION HALL SITE OR THE SERVICE WILL OPERATE ERROR-FREE OR THAT ANY UNION HALL SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY UNION HALL SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UNION HALL IS NOT RESPONSIBLE FOR THOSE COSTS. THE UNION HALL SITES, THE WEB SITE CONTENT AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, UNION HALL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES
IN NO EVENT WILL UNION HALL, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY UNION HALL SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY UNION HALL SITE, THE SERVICE OR ANY THE WEB SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNION HALL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UNION HALL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO UNION HALL IN THE PAST SIX MONTHS, OR $100, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH UNION HALL.
LINKS TO OTHER SITES
The Union Hall Sites contain links to third party web sites or embed functionality from third party sites labeled as "Powered By" or similar language. These links and integrations are provided solely as a convenience to you and not as an endorsement by Union Hall of the contents on such third-party Web sites. Union Hall is not responsible for such third party content or the collection of your information on linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Websites through a Union Hall Site, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of any Union Hall Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless Union Hall, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of the use of any Union Hall Site by You or any account You created. Union Hall must provide notice to you promptly of any such claim, suit, or proceeding, but only to the extent failure to provide prompt notice would prejudice your ability to defend the claim, and will assist you, at your expense, in defending any such claim, suit or proceeding. Union Hall reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you must provide Union Hall with any cooperation Union Hall reasonably requests.
ARBITRATION AGREEMENT; CLASS WAIVER, WAIVER OF TRIAL BY JURY
Please read this Arbitration Agreement carefully. It is part of your contract with Union Hall and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any Union Hall product or service that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Union Hall, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Union Hall Advising, ATTN: Legal Department, 444 N. Michigan Ave., Suite 1200, Chicago, IL 60611. After the Notice is received, you and Union Hall may attempt to resolve the dispute informally. If you and Union Hall do not resolve the dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration must be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties must agree to select an alternative ADR Provider. The rules of the ADR Provider ("Arbitration Rules") will govern all aspects of this arbitration, including the method of initiating and/or demanding arbitration, except where such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at
www.adr.org or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator must conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party must bear its own costs (including attorney's fees) and disbursements arising out of the arbitration, and must pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration must be conducted by telephone, online and/or based solely on written submissions; the party initiating the arbitration must choose the specific manner. The arbitration may not require any personal appearance by the parties or witnesses unless mutually agreed by the parties.
Time Limits. If you or Union Hall pursue arbitration, the arbitration must be initiated or demanded within the legal statute of limitations (i.e., the legal deadline for filing a claim) and any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will have all authority to decide the rights and liabilities, if any, of you and Union Hall in accordance with applicable law, the Arbitration Rules and these Terms, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes must be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, must be kept confidential unless otherwise required by law. This Paragraph does not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect.
Right to Waive. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Agreement. Such waiver does not waive or effect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret are not subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose.
GENERAL
Union Hall makes no claims that any Union Hall Site, the Service or the Web Site Content may be lawfully viewed or accessed outside of the United States. If you access a Union Hall Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court of competent jurisdiction, such invalid provision does not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any compliance with these Terms will be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Union Hall Site, a particular "Legal Notice," or Software License or material on particular Web pages, including a License Agreement required for use of the Application Service, these Terms constitute the entire agreement between you and Union Hall with respect to the use a Union Hall Site.
These Terms may be amended at any time and from time to time, by a revised posting on this page. We do not undertake any obligation to otherwise notify you of such an amendment. All provisions of these Terms that by their nature must survive the termination of your use of a Union Hall Site will survive, including the Limitation on Damages, Indemnity, Arbitration Agreement, Class Waiver and Jury Trial Waiver.
FOR ILLINOIS RESIDENTS: CONSUMER NOTICE AND RIGHTS
Availability of these services for free: Educational planning services of this type are provided free of charge at no cost to you by the
Illinois Student Assistance Commission and may be offered by other public or not-for-profit entities, such as a public library or an institution of higher learning.
Your Right to Cancel: If you sign a contract with an educational planning service provider, you have the right to cancel at any time and receive a full refund of all unearned fees you have paid to the provider. You will not be responsible for payment of services that are not fully performed.
If you are Dissatisfied or You Have Questions: If you are dissatisfied with an educational planning service provider or have any questions, please bring it to the attention of the Illinois Attorney General's Office.
