THE COLLEGE INVESTOR TERMS OF USE
PLEASE READ THESE TERMS OF USE. BY USING THE COLLEGE INVESTOR, YOU AGREE TO ABIDE BY THIS AGREEMENT. THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION THAT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER, AND A CONSENT TO DATA COLLECTION BY US AND OUR ADVERTISING AND ANALYTICS PARTNERS. PLEASE READ THOSE SECTIONS CAREFULLY.
The following terms (“Terms of Use”) constitute an agreement between The College Investor, LLC, a California limited liability company (“The College Investor”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by The College Investor (“Website”), located at https://thecollegeinvestor.com/ and to our newsletters, tools, ebooks and other services that link to these Terms of Use.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Where we ask you to check a box or click a button indicating acceptance (for example, when you subscribe to a newsletter, post a comment, or make a purchase), doing so also constitutes acceptance. The College Investor reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. When we make changes, we will post the revised Terms of Use with a new Effective Date, and if the changes are material we will provide additional notice on the Website or by email to subscribers. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms of Use. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
THE WEBSITE
The Website contains information in the form of blog posts, articles, ebooks, courses, calculators and tools, newsletters, links to third-party providers and a forum where users can share information. The Website is designed to help you locate news and information that may be of interest to you and to help you locate products, services, and suppliers that may be of interest to you. You acknowledge and agree that we are not responsible for any third-party content and that you must evaluate any such third-party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.
Purchase Policies
On the Website, you may purchase ebooks and guides written by Robert Farrington (the “Books”). The Books are delivered in electronic format and all purchases are serviced by Gumroad. All other terms and conditions related to the Books can be found on the order forms.
The College Investor no longer offers courses (“Courses”) but may do so in the future. All terms and conditions can be found on the order forms.
Refund Policy
Because the Books are immediately downloaded in electronic format, no refunds are available, except where required by law.
Privacy Policy
Registration data, if any, and other information about you is subject to the Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy, which is incorporated herein by reference, as updated from time to time.
Consent to Data Collection and Third-Party Technologies
These Terms of Use incorporate our Privacy Policy, which discloses how we, our vendors and our service providers collect and use data when you use the Website. You acknowledge that when you load a page of the Website, we and third parties acting for us or for their own purposes — including our advertising provider Raptive and its advertising partners, Google, Meta, Comscore, and our analytics providers — use cookies, pixels, scripts, software development kits and similar technologies that collect information about your device, browser and activity on the Website (such as your IP address, identifiers, the pages you view and the links you click), and that some of this information is transmitted directly from your browser to those third parties as you use the Website. You also acknowledge that if you provide your email address, a hashed version of it may be used to recognize you for advertising purposes, as described in the Privacy Policy. By using the Website, you hereby consent to the collection and use of data by us, our vendors and our service providers and to the interception, recording and transmission of your interactions with the Website by those technologies, as described in the Privacy Policy (including any links to other policies therein). You can opt out of the use of your data for cross-contextual advertising and targeted advertising at any time on our Your Privacy Choices page, linked in the footer of every page, or by enabling an opt-out preference signal such as Global Privacy Control in your browser. If you do not consent, you must not use the Website.
CONTENT DISCLAIMER
The College Investor has made every effort to ensure that all information on the Website has been tested for accuracy. The College Investor makes no guarantees regarding the results that you will see from using the information provided on the Website.
All Website content, Books and Courses are provided for informational purposes only.
The College Investor has made reasonable effort to ensure that all materials within the Website, Books and Courses are factually accurate. There is no guarantee that you will see positive results to your business using the techniques and materials provided by The College Investor. The College Investor assumes no management responsibility or liability for your decisions or for policies or practices that you implement.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. The College Investor makes no guarantees regarding results, present or future. The College Investor is not responsible or liable for your earnings, income, sales, or any other business performance as a result of this Agreement.
The information provided on the Website, and in the Books and Courses is provided “as is” without any representations or warranties, express or implied. The College Investor make no representations or warranties, express or implied, in relation to the information provided in the content.
You agree The College Investor shall not be liable for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website, in the Book or the Courses. You agree The College Investor is not liable for any loss or damage suffered as a result of the use of any information found on the Website, in the Books or the Courses. Certain content on the Website may include sponsored content, affiliate links, or other compensated placements, as further described below.
YOUR RESPONSIBILITY
The Website, Books and Courses were developed strictly for educational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website, and in the Books and Courses and that you use such information is at your own risk. The College Investor makes no representations, warranties or guarantees relative to your use of such information. You understand that results from use of such information may vary from person to person. The College Investor assumes no responsibility or liability for errors or omissions that may appear in the Website, Books and Courses.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER WE, OUR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
Securities, Investment and Financial Information Disclaimer
None of the information, advertisements, website links, or any opinions expressed constitutes a solicitation of the purchase or sale of any securities, options or commodities. The College Investor, its affiliates, agents and partners are not liable for any losses or damages, monetary or other that may result from the application of information contained within this Website and/or its newsletter. Within the Website, The College Investor publishes materials that meet its specific criteria or characteristics associated with described trading strategies, education or resources. Users must do their own due diligence in analyzing featured stocks, options or trades to determine if they represent a suitable opportunity. The College Investor and any of their agents, affiliates, representatives, employees, principals, business associates or affiliates, partners or independent contractors are not responsible for any losses or profits that may result from the application of information contained within this Website or links on the Website. Past investment performance is not indicative of future results. Stock market trading involves substantial risk. You can lose money trading. The past results posted on this site are meant to give you a reasonable idea of what you could have made or lost trading by following The College Investor, but are in no way a reflection of what you would have made or lost. Therefore, you should not rely on our past trade results as a replication of what your returns or losses would have been by following the posts. There are inherent risks involved in the stock market and these inherent risks should be considered prior to any decision. The College Investor and/or its authors and contributions may or may not hold a position in any stocks listed at the time of publication and reserve the right to buy or sell any security, option, future or derivative product without notification.
Please note that The College Investor or its principals may already have invested or may from time to time invest in securities that are recommended or otherwise covered on this website. Neither The College Investor nor its principals intend to (unless they wish to) disclose the extent of any current holdings or future transactions with respect to any particular security. You should consider this non-disclosure before investing in any security based upon statements and information contained in any report, post, comment or recommendation you receive from The College Investor.
Nothing published by The College Investor should be considered personalized investment advice. The content provided on the Website, including articles, tools, Books, Courses, newsletters, and other materials, is provided for general informational and educational purposes only and does not constitute legal, tax, investment, accounting, or other professional advice. Although The College Investor may answer your general questions or comments, it is not licensed under securities laws to address your particular investment situation. No communication by The College Investor to you should ever be deemed as personalized investment advice. You should consult a qualified professional regarding your specific circumstances before making any financial or investment decisions.
The College Investor may on occasion publish information on crypto-currency or NFT’s. The U.S. Securities and Exchange Commission (SEC) may take the position that certain cryptocurrencies and non-fungible tokens (NFTs) are securities, which could subject them to additional regulatory requirements. This implies that, depending on the nature and structure of the specific cryptocurrency or NFT, it could fall under the purview of the SEC and be subject to federal securities laws.
If the SEC determines that a cryptocurrency or NFT is a security, issuers and intermediaries involved in the creation, distribution, and trading of these assets may be required to register with the SEC and adhere to specific disclosure, reporting, and compliance obligations. These requirements may include registering the offering, providing detailed information about the asset and the issuing entity, and ensuring that intermediaries involved in the trading process, such as exchanges or broker-dealers, are registered and in compliance with SEC regulations.
Furthermore, the classification of a cryptocurrency or NFT as a security could impact the rights and protections afforded to investors, who may then be entitled to certain legal remedies in case of fraud or
misrepresentation. It may also affect the tax implications for those who hold, trade, or profit from such investments.
The regulatory landscape for cryptocurrencies and NFTs is still evolving, and the SEC’s stance on these assets could change over time. As a result, potential investors should closely monitor regulatory developments and consult with a licensed financial advisor or legal professional to understand the potential implications of investing in these types of assets. It is crucial for individuals to perform thorough due diligence and carefully consider the risks involved before participating in the cryptocurrency and NFT markets.
The College Investor receives compensation in a variety of ways, including direct advertising, affiliate advertising, sponsored content, display advertising, email marketing, and more. You can familiarize yourself with how The College Investor makes money here.
Use of the Website
Unless otherwise stated, The College Investor owns the intellectual property and rights to all content and material on the Website, in the Books and Courses. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of The College Investor’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to The College Investor.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without The College Investor’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without The College Investor’s express written permission.
You must not use the Website, or any content on it, to develop, train, fine-tune or evaluate any machine-learning or artificial-intelligence model without The College Investor’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by The College Investor or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
The College Investor is a trademark of The College Investor and is protected by United States trademark law. The College Investor’s trademarks and trade dress may not be used in connection with any product or service that is not The College Investor’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits The College Investor.
From time to time, the Website will legally utilize trademarks owned by third parties related to The College Investor’s services. These trademarks are the respective property of their owners.
PUBLIC FORUMS AND LINKS
“Public Forum” is any area, site or feature offered as part of the Website (including, without limitation, discussion forums, message boards, blogs, chat rooms, emails or personal messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Generated Content (as defined below), and/or (b) to communicate, share, or exchange User Generated Content with other Website members or other Website visitors. The College Investor’s Public Forum is found through this link. https://forums.thecollegeinvestor.com/
You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. THE COLLEGE INVESTOR DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE COLLEGE INVESTOR HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. THE COLLEGE INVESTOR DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL THE COLLEGE INVESTOR BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
USER GENERATED CONTENT
By submitting or posting text, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to the Website (“User Generated Content”), you grant to The College Investor a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website, to store and distribute the User Generated Content, and to use the User Generated Content for promotional and marketing purposes. The College Investor reserves the right to edit, modify, or create derivative works from the User Generated Content, and you shall have no rights with respect thereto unless we agree otherwise. All User Generated Content is the sole responsibility of the person who provided it. The College Investor reserves the right to, in its sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of The College Investor.
RULES FOR USER GENERATED CONTENT
By submitting or posting User Generated Content, you agree to the following rules:
- You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Generated Content;
- The User Generated Content will not damage you, us, or any third party;
- The User Generated Content is accurate and complete;
- The User Generated Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use;
- The User Generated Content does not advertise, promote, or solicit business without the prior written consent of The College Investor; and
- You will not do or attempt to do anything to harm, disrupt, or interfere with The College Investor’s security, website, system, accounts, passwords, servers, data, or networks.
The College Investor has sole discretion when determining whether certain User Generated Content violates any of its rules and to remove any User Generated Content. The College Investor further reserves the right to, in its sole discretion, remove or block any user who violates any of its rules.
THE COLLEGE INVESTOR IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
User Generated Content is the sole responsibility of the person(s) who created it, and The College Investor and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. The College Investor and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Generated Content, nor does it assume responsibility or liability that may arise from the User Generated Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other Website Users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, The College Investor is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
REGISTRATION
Much content and User Generated Content may be viewed without registering for a User Account. However, if you wish to submit User Generated Content, post a comment, or participate in certain forums, you will be required to register for a User Account. You agree to provide true and complete information at the time of registration, and to promptly update such information if changes occur. You alone are responsible for maintaining the confidentiality of your password.
COMMUNICATION
If you send The College Investor an email, register to use the Website or provide your email to The College Investor in any other way, you consent to receive communications from The College Investor electronically. You agree that all legal notices provided via electronic means from The College Investor satisfy any requirement for written notice. You may withdraw consent to receive marketing emails at any time by using the unsubscribe link in any email.
THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by The College Investor. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website. The College Investor assumes no control or liability over the content of any third-party sites. You expressly hold harmless The College Investor from any and all liability related to your use of a third-party website.
Prior to engaging in any commercial transactions with any third-parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third-party discovered through or linked on the Website, you expressly hold The College Investor harmless from any and all liability in any dispute.
COPYRIGHT INFRINGEMENT
If you are a copyright owner and you believe that a User has infringed upon your copyrights, you may submit a notification to The College Investor pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at the contact information listed below pursuant to 17 U.S.C. § 512(c)(3) that includes:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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 the notification does not include all of the above-listed requirements, it may not be valid.
If You believe the content at issue in any DMCA notice does not infringe or You have authorization from the copyright owner, You may file a counter-notice with The College Investor’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that You had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in the Southern District of California and a statement that You will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If The College Investor’s Copyright Agent receives a Counter-Notice, The College Investor will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, The College Investor may replace any removed content within 14 business days of receipt of the counter-notice.
Our Copyright Agent can be reached:
By mail:
The College Investor, LLC, Attn: Copyright
2514 Jamacha Road, Suite 502, PMB 75
El Cajon, CA 92019-4492
By email: [email protected]
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COLLEGE INVESTOR, OR OUR DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (“THE WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT WE OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE COLLEGE INVESTOR FOR USE OF THE WEBSITE, BOOKS OR COURSES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, IF ANY, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING CALIFORNIA CIVIL CODE § 1668.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(a) Informal Resolution First. Before starting an arbitration or lawsuit, you and The College Investor agree to try to resolve any dispute informally. You must send a written Notice of Dispute to The College Investor, LLC, Attn: Legal, 2514 Jamacha Road, Suite 502, PMB 75, El Cajon, CA 92019, and by email to [email protected], that includes your name, mailing address, the email address (if any) you used with the Website, a description of the dispute, and the specific relief you seek, signed by you personally. We will send any notice to you at the email or mailing address we have for you. Within 60 days of receipt of a complete Notice, the parties (and, if either party is represented, their counsel) will confer in good faith by telephone or video conference in an effort to resolve the dispute. The statute of limitations and any filing-fee deadlines are tolled while this process is ongoing. No arbitration or lawsuit may be filed until this process is completed.
(b) Agreement to Arbitrate. Except as provided in paragraphs (c) and (h), you and The College Investor agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, the Privacy Policy, the Website, or the collection, use or disclosure of your information — including any claim that a third-party technology on the Website intercepted, recorded or transmitted your communications — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section. The Federal Arbitration Act governs this Section. The AAA rules are available at www.adr.org. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court will decide any dispute about the enforceability of the class action waiver in paragraph (e) and the mass arbitration procedures in paragraph (f).
(c) Exceptions. Either party may bring an individual claim in small claims court if it qualifies and remains there. Either party may seek injunctive or other equitable relief in court to protect its intellectual property. Nothing in this Section prevents you from bringing a complaint to a federal, state or local agency, or from seeking public injunctive relief in court where California law does not permit that remedy to be waived.
(d) Arbitration Procedure. The arbitration will be conducted by a single neutral arbitrator. Hearings, if any, will be held by videoconference unless the arbitrator determines an in-person hearing is necessary, in which case it will be in San Diego County, California, or another location agreed by the parties. For claims under $25,000, the arbitration will be conducted on the documents unless the arbitrator decides otherwise. The arbitrator will apply the substantive law of the State of California and applicable federal law, may award the same individual relief a court could, and will issue a reasoned written decision. Payment of AAA filing, administrative and arbitrator fees will be governed by the AAA rules; The College Investor will pay any fees the rules require it to pay and, for claims under $10,000, will reimburse your filing fee on request unless the arbitrator finds the claim frivolous. Each party bears its own attorneys’ fees unless the arbitrator awards fees under applicable law.
(e) Class Action and Jury Trial Waiver. YOU AND THE COLLEGE INVESTOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS EXCEPT AS PROVIDED IN PARAGRAPH (f). YOU AND THE COLLEGE INVESTOR EACH WAIVE THE RIGHT TO A JURY TRIAL. If this paragraph is found unenforceable as to a particular claim for relief, that claim (and only that claim) will be severed and litigated in court, and the remaining claims will be arbitrated; any such court proceeding will be stayed until the arbitration is complete.
(f) Mass Arbitration Procedures. If 25 or more demands for arbitration are filed against The College Investor by the same law firm or coordinated group of firms raising similar claims within 90 days of one another, the parties agree that (i) the demands will be administered under the AAA Mass Arbitration Supplementary Rules; (ii) the AAA will group the demands into batches of no more than 50, each batch to be heard by a single arbitrator as a single consolidated arbitration with one set of filing and administrative fees; (iii) before any batch beyond the first proceeds, the parties will select 10 demands from the first batch (5 chosen by each side) to proceed as bellwether arbitrations, and all other demands will be stayed, with limitations periods tolled, until those bellwethers are decided; (iv) after the bellwethers are decided, the parties will engage in a mediation of the remaining demands, splitting the mediator’s fee; and (v) if the remaining demands are not resolved, they will proceed in batches as described in (ii). If the AAA declines to administer the demands under these procedures, the parties will select another nationally recognized arbitration provider that will, and if none will, this paragraph (f) will not apply but the remainder of this Section will. A court will resolve any dispute about the application of this paragraph.
(g) 30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to the Notice address in paragraph (a), or by email to [email protected], within 30 days after you first use the Website after this Section takes effect, stating your name, address, the email address you use with the Website, and that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms of Use.
(h) Changes to This Section. If we change this Section after you first accepted it, you may reject the change by sending written notice within 30 days after the change takes effect, in which case the version you accepted will continue to apply to disputes between us.
(i) Survival; Severability. This Section survives termination of these Terms of Use. If any part of this Section (other than paragraph (e)) is found unenforceable, the remainder will be enforced. If paragraph (e) is found wholly unenforceable, this entire Section will be void and disputes will be resolved in court under “Choice of Law.”
Indemnity
You agree to defend, indemnify and hold The College Investor harmless and our directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website, Books and Courses and the content thereon or your breach of these Terms of Use or in connection with your use of the Website, Books and Courses.
Choice of law
These Terms of Use shall be governed by and construed under the laws of the State of California and, to the extent applicable, the Federal Arbitration Act, without giving effect to its conflict of laws principles. Subject to the Dispute Resolution section, You and we hereby submit to the exclusive forum, jurisdiction and venue of the state courts located in San Diego County, California and/or the United States District Court for the Southern District of California for any claim related to, arising from or in connection with these Terms of Use and/or your use of the Website.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred, to the extent permitted by applicable law.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without The College Investor’s prior written consent, however, the Terms of Use may be assigned by The College Investor in its sole discretion.
The Terms of Use, together with the Privacy Policy and any order terms for Books, are the final, complete and exclusive agreement of the parties with respect to the Website offered by The College Investor.
Except as provided in the introduction to these Terms of Use (changes by The College Investor with notice) and in the Dispute Resolution section, the Terms of Use may not be altered or modified except by written agreement of the parties.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] and to your email address.
Last modified: September 28, 2026
Prior Versions of this Policy