Terms and Conditions

Last Update: December 30, 2024

Thank you for using DreamCollege.ai!

DreamCollege.ai offers various services, including but not limited to the services described and provided on https://dreamcollege.ai website (the “Website”) and any its subdomains (collectively, the “Services”), which provided by DreamCollege.ai, Inc., a Delaware corporation with address at 13466 Thunder Gulch Way, Frisco, TX 75035 (collectively, “DreamCollege.ai,” “we,” “us,” or “our,”). These Terms of Service (as amended from time to time, the “Terms”) is a legal agreement between users (“User,” “you,” and “your”) and DreamCollege.ai regarding the use of Services. In order to obtain the Services, users shall agree to these Terms and follow the prompts on the page to complete all registration procedures. DreamCollege.ai may revise these Terms at any time by updating them as they are displayed on the DreamCollege.ai Website. 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.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE SERVICES. 

IF YOU ARE AN AUTHORIZED REPRESENTATIVE OF ANY PERSON OR ENTITY TO USE OUR SERVICES, BOTH YOU AND THE PERSON OR ENTITY YOU REPRESENT  AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST DREAMCOLLEGE.AI. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

1. Eligibility; Accounts

THE SERVICES IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY DREAMCOLLEGE.AI, OR (B) ANY PERSONS UNDER THE AGE OF THIRTEEN (13) .

1. Acceptance.

By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least Thirteen (13) years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, and (iii) your use of the Services has been approved by your parent or legal guardian, if you are under Eighteen (18). You also represent that you have not been previously suspended or removed from the Services by DreamCollege.ai, and that your registration and your use of the Services is in compliance with any and all applicable laws. 

2. Accounts. 

YOU NEED AN ACCOUNT FOR MOST ACTIVITIES ON OUR WEBSITE. KEEP YOUR PASSWORD SOMEWHERE SAFE, BECAUSE YOU ARE RESPONSIBLE FOR ALL ACTIVITY ASSOCIATED WITH YOUR ACCOUNT. IF YOU SUSPECT SOMEONE ELSE IS USING YOUR ACCOUNT, LET US KNOW BY CONTACTING US AT [email protected].

Before you use the Services, you need to follow the relevant page prompts and procedures to register a dedicated user account with a valid email address. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to DreamCollege.ai, whether at registration or at any time, will be true, accurate, complete, legal and effective. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If we find or reasonably suspect that the information provided is falsified or inaccurate, we have the right to terminate the User from any Service.

If you choose to bind your account to a third-party account (including but not limited to WeChat, FaceBook, Google, Apple ID, etc.) that we cooperate with, unless you cancel the binding relationship by yourself, if any of the following situations occurs, the bound third-party account may also be unbound, and we do not need to bear any responsibility for you or any third party: DreamCollege.ai disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content: 

1. You violate the agreement between a third party and you or related regulations;

2. The site to which the third-party account belongs requires unbinding;

3. The platform or business to which the third-party account belongs has been shut down.

If you find that your account is no longer secure (e.g., in the event of loss, theft, or unauthorized disclosure or use of your account) , you agree to notify us immediately, and we will take measures to secure your account as much as possible. You need to understand that it takes a reasonable length of time for us to take action on any of your requests. Unless we are at fault, we are not responsible or liable for the consequences that have occurred before the action is taken. You may be liable for the losses incurred by DreamCollege.ai or others due to any unauthorized use of your account.

3. Prohibited Use. YOU AGREE NOT TO:

1. transfer your account to a third party for management or use by borrowing, renting, selling or any other means, and you shall be responsible for all activities performed with your account, including for any harm or damage (to DreamCollege.ai or anyone else) caused by someone using your account without your permission; 

2. use the Services at a rate significantly that noticeably exceeds the typical frequency for personal account usage;

3. use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including but not limited to laws governing intellectual property and other proprietary rights, and data protection and privacy;

4. use the Services for any commercial use or purpose unless expressly permitted by DreamCollege.ai in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;

5. disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems and use our service system to conduct any behavior that may adversely affect the normal operation of the Internet or mobile network;

6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other without permission, or perform any other fraudulent activity;

7. use our Services provided by us to upload, display or spread any false, harassing, slanderous, abusive, threatening, vulgar or obscene or any other illegal information; or interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or email-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. infringe the patent, copyright, trademark reputation or any legal rights/interests of any other third party. 

If there is evidence that you have engaged in the above behavior, we have the right to suspend or delete your account without notice, and refunds will not be provided.

4. International Use.

You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of Eighteen (18) (or the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render DreamCollege.ai in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.

2. Contact

1. Consent to Phone Calls, Texts and Emails.

You consent to receiving calls and texts from DreamCollege.ai and/or our affiliates at the phone number you provide to DreamCollege.ai verbally or via our Website, email or text (or the phone number that DreamCollege.ai issues to you in connection with voice service), as part of our established business relationship, and regardless of whether the phone number is on the federal Do-Not-Call Registry (or state equivalent(s)), for any purpose, including sales, promotions, placed by any means, including autodialed or prerecorded voice calls, and text messages. Consent is not a condition to purchase any goods or services. You may withdraw this authorization via the unsubscribe link or in the settings page.

Please note that we are permitted to send Service-related text messages or email to customers such as service notifications, bill reminders, or outage and repair information without your express authorization, but will not do so upon your request. You acknowledge that you are responsible for charges for incoming text messages on your wireless phone(s). By providing a mobile phone number or email address, you confirm that you are the current owner/subscriber of the mobile phone number and email address provided or that the current owner/subscriber of this mobile phone number and email address authorized you to provide this number or address (collectively, “Current Owner”) to DreamCollege.ai. You understand that by providing this mobile phone number or email address, the Current Owner consents to being contacted by DreamCollege.ai and/or our agents and vendors at the mobile number or email address provided. You agree to notify us immediately if there is any change in the information that you have provided to us, including without limitation any change in your telephone number, mobile telephone number or email address. Failure to do so is a breach of these Terms.

You agree that unless otherwise specified, all notices required or contemplated hereunder will be provided by DreamCollege.ai by such means as DreamCollege.ai shall determine at its discretion. Without limiting the foregoing, you agree that DreamCollege.ai may provide any notices required or contemplated hereunder or by applicable law, including notice of changes to any of the following: a) these Terms; b) the Privacy Policy; c) the Payments and Refund Policy; and d) Other Policies related to Products and Services provided by DreamCollege.ai by electronic means (including email or online posting). An online version of these Terms, as so changed from time to time, will be accessible at https://dreamcollege.ai/ or such other online location designated by DreamCollege.ai.

2. Customer Service Monitoring.

With the aim of always giving you the best possible service, we may monitor and/or record information or materials you provided to us. We will use these to improve the quality of our Service. You consent to such monitoring and/or recording for these purposes.

3. Payments, Credits and Refunds

WHEN YOU MAKE A PAYMENT, YOU AGREE TO USE A VALID PAYMENT METHOD. ONCE YOU PAY, YOU WILL GAIN ACCESS TO DATA INCLUDED IN YOUR SUBSCRIBED SERVICES. THEREFORE DREAMCOLLEGE.AI DOES NOT OFFER REFUNDS OR CREDITS FOR ANY PURCHASED CONTENT.

Before you purchase our packages, we offer a free try that allows you to try out our services without any financial commitment. This plan is designed to help you understand our offerings and decide if you want to proceed with any paid features.

Purchases to Services provided by DreamCollege.ai are available at https://dreamcollege.ai. Depending on the package you purchase, you could have access to different types of Services as shown on the Website. 

Our payment processor, Stripe, charges a transaction fee for each transaction. The fee is determined based on the real-time rates displayed by Stripe on Website at the time of the transaction. This fee is directly taken by Stripe and is non-refundable. The applicable fee percentage is subject to change by Stripe from time to time, in accordance with their terms and policies. The Company is not liable for any changes to the fee structure implemented by Stripe.

1. Pricing

DreamCollege.ai reserves the right to change the pricing of its packages at any time. The specific price of packages is subject to the real-time price on the Website.

2. Package Content

DreamCollege.ai reserves the right to add, remove, or modify the services included in any package at its sole discretion. While we strive to maintain and enhance our offerings, we may adjust services to improve functionality, comply with regulations, or adapt to market needs. 

3. Notification and Acceptance

In the event of significant changes to pricing or packages content will be communicated to subscribers Thirty (30) days in advance through email or notifications on our Website. We recommend that you regularly review our terms and conditions to stay updated on the latest information.

Your continued use of the Service after changes of pricing or packages content constitutes your acceptance of the updated Service. If you do not agree with any changes to pricing or services, you may choose to cancel your subscription. 

4. Services

1. Access to Services.

By subscribing to our online packages, you will enjoy our corresponding Services. The Services we provide allow users to learn details about the colleges they want to apply to and get customized recommendations through DreamCollege.ai Websites, or mobile apps and other platforms (if any). Your use of the Services is contingent on us receiving payment and we may suspend or terminate your access to the Services if we do not receive such payment.

2. Account Binding. 

When subscribing to online packages, you shall designate a particular User for his/her use, and these online packages cannot be shared or transferred among Users. We will determine the Service content based on the package User subscribed. You agree that you will not change or add Users during the package validity period.

3. Functionality Policy. 

Depending on the type of package (Basic, Standard or Premium) or the pre-paid model (Basic, Standard, or Demand), the Services we provide are different and may introduce or add new functions.

For complete details on our Functionality Policy, please visit the appropriate link below:

https://dreamcollege.ai/ 

5. Intellectual Property Rights

1. Proprietary Materials; Licenses.

The Services are owned and operated by DreamCollege.ai. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content (including text, images, videos, audios, graphics, logos, links, button icons and other content), educational consultation, and all other elements of the Services (the “Services Materials”) are protected by United States and international copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Other product, company or educational institution names that are mentioned on the Website may be trademarks of their respective owners. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 5.1 (Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to DreamCollege.ai, and DreamCollege.ai reserves all rights therein and thereto not expressly granted by these Terms.

In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by DreamCollege.ai from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Materials other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of DreamCollege.ai (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by DreamCollege.ai.

2. License Grant to Users.

DreamCollege.ai grants you a limited, non-exclusive, non-transferable and revocable right license to use our Services, solely for your personal, non-commercial, educational use, in accordance with these Terms and any constrictions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by DreamCollege.ai. Using our Services does not give you the ownership of or any intellectual property rights in our Services or the content you access.

3. Third Party Content.

Under no circumstances will DreamCollege.ai be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that DreamCollege.ai may, but is not required to, pre-screen content, and DreamCollege.ai and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, DreamCollege.ai and its designees will have the right to remove any content that violates these Terms or is deemed by DreamCollege.ai, in its sole discretion, to be otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

4. Feedback.

In order to improve the quality of our products and provide you with better Services, you agree that we can use the content in your feedback without restriction or compensation to you.

5. Copyright Complaints.

DreamCollege.ai respects the intellectual property of others, and we expect our Users to do the same when using the Service. We reserve the right to suspend, disable, or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

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 would like to read the DMCA, please visit the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the DreamCollege.ai platform infringe your copyright, the DMCA provides that 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:

1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);

3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DreamCollege.ai to locate the material on the platform;

4. The name, address, telephone number, and email address (if available) of the complaining party;

5. 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

6. 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.

Notice must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

Via email: [email protected] 

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

DreamCollege.ai also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by DreamCollege.ai in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at [email protected], and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

6. Third Party Websites; Links

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DreamCollege.ai has no control over such sites and resources and DreamCollege.ai does not endorse such sites and resources. You further acknowledge and agree that DreamCollege.ai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that DreamCollege.ai is not liable for any loss or claim that you may have against any such third party.

7. Disclaimer; No Warranties

1. No Warranties. 

DreamCollege.ai is a venue for students and their parents to learn about colleges and universities, the admissions process, financial aid alternatives, and other college admissions topics. DreamCollege.ai does not control, and is not involved in, admissions or financial aid decisions or negotiations or the admission process between colleges, universities and students. DreamCollege.ai is not responsible for transactions with advertisers appearing on the Website or in newsletters or between students and representatives from colleges and universities.

The Website content may contain inaccuracies or typographical errors. DreamCollege.ai makes no representations about the accuracy, reliability or completeness, of any the Website content or the timeliness of any services therein provided. The use of the Website is at your own risk. Changes are periodically made to the Website. While we will endeavor to make these changes at a time least likely to interfere with your use of any Website content, such changes may be made at any time.

The Website content may contain information about paying for college, financial aid 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.

You understand that our Website serves as a tool to assist your decision-making process and not as a definitive authority on college admissions or related outcomes. Certain portions of the Website 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. 

DreamCollege.ai is not liable or accountable for any decisions you make based on our recommendations. This includes, but is not limited to, (i) selection of a major or field of study, (ii) application choices to specific colleges or universities, (iii) outcomes of college admission processes.

Always talk to experts such as 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.

2. Disclaimers.

THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DREAMCOLLEGE.AI DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAMCOLLEGE.AI OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. DREAMCOLLEGE.AI FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

We may decide to cease making available certain features of the Services at any time and for any reason and reserve the right to refuse or cancel any order due to reasons including, but not limited to product or Service availability, description or price errors, order errors, etc. Under no circumstances will DreamCollege.ai or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. We will do our best to notify Users before carrying out such activities, and do our utmost to shorten the duration and frequency of such occurrences, and to avoid such situations from occurring during peak time periods. 

For force majeure (“Force majeure” refers to an objective situation that is unforeseeable or foreseeable but unavoidable or overcome by both parties, the event hinders, affects or delays any party’s performance of all or part of its obligations under the contract. This event includes but is not limited to government actions, natural disasters, wars, network congestion or interruption, hacker attacks or any other similar events) or unforeseen reasons beyond our control (such as third-party maliciously attacking the systems, network failures of telecommunications service providers, etc.) that causes interruption or other defect (fault) of our Services, we will do our best to mitigate the loss and impact caused to you, and we do not need to bear corresponding liabilities within this scope.

3. Limitations by Applicable Law.

SOME STATES OR OTHER JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

8. Indemnification

You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless DreamCollege.ai, and its successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal and accounting fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. DreamCollege.ai reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DreamCollege.ai, and you agree to cooperate with DreamCollege.ai’s defense of these claims. You agree not to settle any such matter without the prior written consent of DreamCollege.ai. DreamCollege.ai will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAMCOLLEGE.AI, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE DREAMCOLLEGE.AI PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. 

IN NO EVENT SHALL DREAMCOLLEGE.AI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY DREAMCOLLEGE.AI FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DREAMCOLLEGE.AI, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DREAMCOLLEGE.AI’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DREAMCOLLEGE.AI’S LIABILITY WILL BE LIMITED TO THE FULLEST.

10. Export Control

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar services for the purpose of circumventing these laws is strictly prohibited. You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with DreamCollege.ai you will notify us within Twenty-four (24) hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to DreamCollege.ai).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

11. Termination

1. Termination by DreamCollege.ai.

DreamCollege.ai, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend, or terminate: (i) any account (or any part thereof) you may have with DreamCollege.ai or (ii) your use of the Services, and (b) remove and discard all or any part of your account, user profile and User Content, at any time. DreamCollege.ai may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that DreamCollege.ai will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DreamCollege.ai may have at law or in equity. As discussed herein, DreamCollege.ai does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

2. Termination by You.

You may terminate these Terms at any time (prospectively only) by expressly indicating that you are not willing to continue to use our Services and meet the conditions for termination of this platform.

3. Responsibility for Pre-Termination Activity.

Termination of the Terms as to any user account will not limit DreamCollege.ai’s rights and remedies regarding any breach of these Terms occurring prior to such termination. 

4. Information after Termination.

After the termination of these Terms, unless expressly specified by law, we are not obligated to disclose any information in your account to you or a third party designated by you. After the termination of these Terms, we will stop collecting and using your personal information, but we can continue to save other content and information that you kept on our platform, unless you explicitly request to delete such content and information by email. We will strictly keep confidential the content and information you retain on our platform.

5. Survival.

Any provision which, its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 5 (Intellectual Property Rights), Section 7 (Disclaimer; No Warranties), Section 8 (Indemnification), Section 9 (Limitation of Liability), Section 11 (Termination) and Section 12 (Miscellaneous).

12. Miscellaneous 

1. Notice.

Any notice or other communication to be given hereunder, including those regarding changes to the Terms, will be in writing and given by email (by us to the email associated with your account or by you to our email address), regular mail, posting on the Services, or other reasonable means.

2. Waiver.

The failure of DreamCollege.ai to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by DreamCollege.ai.

3. Governing Law.

The Terms will be governed by and constructed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

4. Dispute Resolution and Arbitration.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

1. Generally. In order to expedite and control the cost of disputes, DreamCollege.ai and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

2. Notice of Dispute. In the event of a Dispute, you or DreamCollege.ai must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute to DreamCollege.ai at [email protected]. DreamCollege.ai will send any Notice of Dispute to you to your address if DreamCollege.ai has it, or otherwise to your email address. You and DreamCollege.ai will attempt in good faith to resolve any Dispute through informal negotiation within Sixty (60) days from the date the Notice of Dispute is sent. After Sixty (60) days, you or DreamCollege.ai may commence arbitration.

3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within Sixty (60) days or such time period as you and DreamCollege.ai may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 12.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Dallas. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

4. Class Action Waiver. 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 USER CAN NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

5. Arbitration Procedures.

1. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If DreamCollege.ai files, then DreamCollege.ai will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

2. Time Limits. If you or DreamCollege.ai pursues arbitration, the arbitration action must be initiated and/ or demanded within the statute of limitations (e.g., the legal deadline for filing a claim) and within any deadline imposed under the Commercial Arbitration Rules and Mediation Procedures for the pertinent claim. 

5. Other Guidelines.

When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

6. Use of Your Equipment.

You shall equip yourself with broadband Internet access equipment and other software and hardware equipment required for using our Services. We are not responsible for your equipment working properly. You are responsible for maintaining any equipment that you own that is necessary to use the Services, including phones, computers, and gateways. We are not responsible if you are not able to use the Services because your equipment does not work properly, is not compatible with the Services, or does not meet the minimum specifications established by us. We will not be liable in any way for any loss or damage which is caused to your equipment.

7. Modification of the Terms.

Upon opening an account, you accept the Terms in the form posted on our Website. DreamCollege.ai reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. For any material changes to the Terms, DreamCollege.ai will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services. Modifications will become effective against you on the earliest of (i) your actual notice of such changes and (ii) Thirty (30) days after DreamCollege.ai makes a reasonable attempt to provide you with such notice. However, as we are constantly changing and improving our Services, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

8. Severability.

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

9. Assignment.

The Terms, and any rights and licenses hereunder, may not be transferred or assigned by you without DreamCollege.ai’s prior written consent, but may be assigned by DreamCollege.ai without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

10. Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

11. Entire Agreement.

The Terms constitute the entire agreement between you and DreamCollege.ai relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a revision to the Terms made by DreamCollege.ai as set forth in the Section 12.7 (Modification of Terms) above.

12. Notice Regarding Mobile Application.

You acknowledge and agree that the availability of the DreamCollege.ai mobile application is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and DreamCollege.ai, not with the App Store. Our company, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce the terms of these Terms. 

13. Language

This Term was originally written in English. To the extent any translated version of this Term conflicts or appears to conflict with the English version, the English version shall prevail.