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Release Date: 2/14/2008
This Agreement is a contract between you and CollegeWishingWell.com. It applies to your use of services provided by CollegeWishingWell.com. Use of CollegeWishingWell.com services require your agreement with and acceptance of all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time it is posted. In addition, if the revised version includes a Substantial Change, we will provide account holders with 30 Days prior notice of Substantial Change by posting notice on the "What's New" page of our website.
- General
- Eligibility
- Monetary Gifts
- Transaction Reversals
- Your Account
- Withdrawing Money
- Closing your Account
- Fees and Taxes
- Restricted Activities
- Action Resulting from Your Liability
- Errors and Unauthorized Transactions
- Disputes with CollegeWishingWell.com
- Definitions
1. General
1A. The main purpose of CollegeWishingWell.com is a provide a means for third party individuals to give or donate monetary gifts to Account Holders (Sponsors) representing themselves or minors that they have some level of responsibility for (Beneficiaries) for the purpose of funding college tuition or other college expenses. CollegeWishingWell.com is an independent contractor for all purposes, except that CollegeWishingWell.com acts as the Sponsors agent with respect to the custody of monetary gifts given to said Sponsor's Beneficiaries. We do not guarantee the identity of any User and we can not guarantee the final end use of any gifts given.
1B. Protecting your privacy is very important to CollegeWishingWell.com. Review our Privacy Policy in order to understand our commitment to maintaining your privacy as well as our use and disclosure of your Information.
All Information about CollegeWishingWell.com Users is confidential. The only use of it should be in connection with this Service. You may not disclose or distribute a CollegeWishingWell.com User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so. Information in a Sponsor's address book is considered to be owned by that Sponsor.
1C. "CollegeWishingWell.com," "CollegeWishingWell," and all related logos, products and services described in our website are either trademarks or registered trademarks of CollegeWishingWell.com or its licensors. You may not copy, imitate or use them without CollegeWishingWell.com's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CollegeWishingWell.com. You may not copy, imitate, or use them without our prior written consent.
1D. You may not transfer or assign any rights or obligations you have under this Agreement without CollegeWishingWell.com's prior written consent. CollegeWishingWell.com reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1E. You agree that CollegeWishingWell.com may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it received three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting CollegeWishingWell.com as described in the next section. CollegeWishingWell.com reserves the right to close your Account if you withdraw your consent to receive electronic communications.
1F. Notices to CollegeWishingWell.com must be sent by postal mail to:
CollegeWishingWell.com
55 E. Long Lake Rd.
Mailbox 381
Troy, Michigan 48085
Or e-mailed to service@collegewishingwell.com.
1G. CollegeWishingWell.com is a family oriented service. We reserve the right to review at any time the photos, files, and notes that the Sponsors post to our website for their guests to insure that the nature of the photos, files, and notes are in agreement with family principles. CollegeWishingWell.com will inform you in the event that we identified photos, files, or notes that are not generally family appropriate. Said articles will be removed and destroyed or turned over to the proper authorities if the lawfulness of the item is in question.
2. Eligibility
2A. To be eligible for our Services, you must be at least 18 years old and a resident of the United States.
2B. You authorize CollegeWishingWell.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.
3. Monetary Gifts
3A. CollegeWishingWell.com reserves the right to impose limits on the amount of money that can be given or received through our Service.
3B. When you send money, the recipient is not required to accept it. In the event that a recipient decides not to accept a gift given through our Service, we will return any denied gift to your Balance within 30 Days of the date you initiate the transaction.
3C CollegeWishingWell.com will process your debit card funded gifts through either the ATM debit network or the Visa/MasterCard network.
4. Transaction Reversals
4A. When you receive a gift, you are liable to CollegeWishingWell.com for the full amount of the gift plus any Fees if the gift is later invalidated for any reason. This means that you will be responsible for the amount of the gift, plus any applicable Fees if you lose a Claim or a Chargeback, or if there is a Reversal of the transaction. You agree to allow CollegeWishingWell.com to recover any amounts due to CollegeWishingWell.com by debiting your CollegeWishingWell.com account Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse CollegeWishingWell.com through other means.
4B. In the event of a Chargeback, we will determine whether we should dispute the Chargeback with the credit card company. If we dispute the Chargeback, we will place a temporary hold on the disputed funds in your Balance until the credit card company makes a decision. The credit card company, not CollegeWishingWell.com, will determine who wins the Chargeback.
5. Your Account
5A. If you have a Balance, CollegeWishingWell.com will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, CollegeWishingWell.com may combine your funds with the funds of other Sponsors/Beneficiaries and place those Pooled Accounts in one or more bank accounts in CollegeWishingWell.com's name. Balances in U.S. Dollars that are held in Pooled Accounts may be eligible for FDIC pass-through insurance.
5B. You agree that you will not receive interest or other earnings on the funds that CollegeWishingWell.com handles as your agent and places in Pooled Accounts. In consideration for your use of the Service, you irrevocably transfer and assign to CollegeWishingWell.com any ownership right that you may have in any interest that may accrue on funds held in Pooled Accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants CollegeWishingWell.com any ownership right to the principal of the funds you maintain with CollegeWishingWell.com. In addition to or instead of earning interest on Pooled Accounts, CollegeWishingWell.com may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
5C. If your Account is negative CollegeWishingWell.com may deduct amounts you owe CollegeWishingWell.com from monetary gifts you receive into your Account.
5D. If you control more than one Account, then CollegeWishingWell.com may debit one of your Accounts to setoff a negative Balance in another Account.
5E. Your account history, gift history, and account balance can be accessed from your sign in homepage at CollegeWishingWell.com.
5F. Our commitments to you in this Agreement related to liability for unauthorized transactions, stop-payment rights and procedures, error resolution rights and procedures, Fees, contact information, our Business Days, limitations we may impose on transfers, and your rights to statements of your transaction history, constitute disclosures under the Electronic Fund Transfer Act and Federal Reserve Board Regulation E, 12 C.F.R.§ 205.1 et seq.
6. Withdrawing Money
6A. You may withdraw funds by electronically transferring them to an account (bank or investment), or requesting a physical check through the mail. We will only send checks to the sponsor's address on record. We will not send checks to P.O. Boxes. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your Balance.
7. Closing Your Account.
7A. You may close your Account at any time by sending CollegeWishingWell.com a request to close account notice via one of our contact options on the Contact webpage, you will need to state that you would like to close your account. Include your sign in ID name and your password. Upon Account closure, we will cancel any pending transactions. Any remaining Balance will be distributed per your disbursement choices prior to closing your Account.
7B. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect CollegeWishingWell.com or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
7C. If your Account is not actively used (no gifts received and/or account not logged in it) for two or more years, CollegeWishingWell.com may close your Account and send the Balance to your primary address. If CollegeWishingWell.com does not close your Account and the Account remains dormant, or if CollegeWishingWell.com does close your Account but your primary address is incorrect, CollegeWishingWell.com may be required to escheat your Balance to your state of residency. CollegeWishingWell.com will determine your residency based on the state listed in your address on record. Where applicable, CollegeWishingWell.com will send you a notice prior to escheating or closing your Account. If you fail to respond to this notice, your Balance will be escheated to the state. If you would like to claim your funds from the state, please contact your state's Unclaimed Property Administrator.
8. Fees and Taxes
8A. Fees for U.S. Registered Users are as follows:
Processing fees: 2.9% + $0.70
Annual fee: $6.00 for the account (up to one beneficiary)
$6.00 for each beneficiary after the first
8B. It is your responsibility to determine what, if any, taxes apply to the gifts you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. CollegeWishingWell.com is not responsible for determining whether taxes apply to your gift, or for collecting, reporting or remitting any applicable taxes.
9. Restricted Activities
9A. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with CollegeWishingWell.com, a User or a third party, you will not:
Breach this Agreement, the Card Processing Agreement, or any other agreement or policy that you have entered into with CollegeWishingWell.com;
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Infringe CollegeWishingWell.com's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information;
Send or receive what we reasonably believe to be potentially fraudulent funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both CollegeWishingWell.com and the bank or credit card company for the same transaction;
Use an anonymizing proxy;
Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to CollegeWishingWell.com, a User, a third party or you;
Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
Use your Account or the Services in a manner that CollegeWishingWell.com or credit card companies reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
Allow your Account to have a negative Balance;
Provide yourself a cash advance from your credit card;
Access the Services outside of the US.
Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Use the Service to test credit card behaviors.
10. Action Resulting from Your Liability
10A. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by CollegeWishingWell.com, a CollegeWishingWell.com User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse CollegeWishingWell.com, a User, or a third party for any and all such liability.
10B. If you engage in any Restricted Activities, we may take various actions to protect CollegeWishingWell.com, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your Account or the Services;
We may contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
We may update inaccurate Information you provided us;
We may refuse to provide our Services to you in the future;
We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
We may take legal action against you.
CollegeWishingWell.com, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
10C. If we close your Account or terminate your use of our Services for any reason; we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
10D. You must comply with the implementation and use requirements contained in all CollegeWishingWell.com documentation accompanying the Services. If you do not comply with CollegeWishingWell.com's implementation and use requirements you will be liable for all resulting damages suffered by you, CollegeWishingWell.com and third parties.
10E. If you violate the Acceptable Use Policy as set forth at the end of this document, then we may hold your funds up to 180 Days, may fine you up to $2,500.00 USD for each such violation and may take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is presently a reasonable minimum estimate of CollegeWishingWell.com's damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to CollegeWishingWell.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. CollegeWishingWell.com may deduct such fines directly from any existing Balance in the offending Account, or any other CollegeWishingWell.com Account you control. The specific activities that may subject you to fines by CollegeWishingWell are:
Use of this Service with regards to monetary transactions will be limited to giving monetary gifts for the express purpose of saving for or paying for higher education expenses.
10F. If either you or CollegeWishingWell.com commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may be entitled.
11. Errors and Unauthorized Transactions.
11A. It is very important that you immediately notify CollegeWishingWell.com if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction from your Account; (ii) there has been an unauthorized access to your Account; (iii) your password or has been compromised; (iv) someone has transferred or may transfer money using your Account without your permission.
11B. To notify us if you believe there has been or will be an error or unauthorized transaction on your Account, telephone CollegeWishingWell.com Customer Service at (866) 631-0028, contact us using the contact us form, or write to CollegeWishingWell, 55 E. Long Lake Rd., Mail Box 381, Troy MI 48085. If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within 10 Business Days after the phone contact.
11C. Will advise you of the results of our investigation within 10 Business Days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 Days to investigate your complaint or question.
At the end of our investigation, we will advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error. You may ask for copies of the documents that we used in our investigation.
11D. If you report and we verify that there has been an Improper Account Access related to your Account, we will reimburse you in full for all unauthorized transactions sent from your Account that occur within 60 Days of the time that you knew or should have known about the Improper Account Access. If you do not report the Improper Account Access to CollegeWishingWell.com within 60 Days of the time that you knew or should have known about it, we will still reimburse you in full for all unauthorized transactions that took place within or before that 60-Day period, but you may be liable for all unauthorized transactions resulting from the improper account access that occur on Day 61 and beyond (if we can demonstrate that we could have avoided any losses if you had notified us in a timely manner).
11E. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, CollegeWishingWell.com will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, CollegeWishingWell.com may debit the extra funds from your CollegeWishingWell.com Account.
12. Disputes with CollegeWishingWell.com
12A. If a dispute arises between you and CollegeWishingWell.com, we would like to learn about the issue and address it. We would like to provide you with a neutral and cost effective means of resolving the dispute quickly, if the issue is more than a matter of clarification. Disputes between you and CollegeWishingWell.com regarding our Services may be reported to Customer Service online through the CollegeWishingWell.com contact webpage, or by calling (866) 631-0028.
12B. If you are unable to resolve your issue by working directly with us, CollegeWishingWell.com will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and CollegeWishingWell.com agree to resolve any claim in accordance with this Agreement, or as otherwise agree to in writing.
12C. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12D. Except as otherwise agreed by the parties or as described in section 12C above, you agree that any claim or dispute you may have against CollegeWishingWell.com must be resolved by a court located in Oakland County, Michigan. You agree to submit to the personal jurisdiction of the courts located within Oakland County, Michigan for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Michigan, without regard to conflict of law provisions.
12E. All claims you bring against CollegeWishingWell.com must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to section 12, CollegeWishingWell.com may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that CollegeWishingWell.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
12F. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
12G Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
12H. No Warranty. COLLEGEWISHINGWELL.COM, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COLLEGEWISHINGWELL.COM, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CollegeWishingWell.com does not guarantee continuous, uninterrupted or secure access to our Service, and operation of our site may be interfered with by numerous factors outside of our control. CollegeWishingWell.com will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but CollegeWishingWell.com makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
12I CollegeWishingWell.com and its licensors grant you a limited nonexclusive license to use CollegeWishingWell.com's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to CollegeWishingWell.com's software are owned by CollegeWishingWell.com.
12J. Indemnification. You agree to defend, indemnify and hold CollegeWishingWell.com, its parent, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
12K. In addition to reporting complaints against CollegeWishingWell.com directly to CollegeWishingWell.com as described in section 12 above, you may report complaints to the Michigan Department of Consumer Affairs.
12L. This Agreement sets forth the entire understanding between you and CollegeWishingWell.com with respect to the Service. Any terms in this agreement which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Definitions
ACH - the Automated Clearing House network
Account or CollegeWishingWell Account - a Personal Account managed by the sponsor
Agreement - this agreement including all subsequent amendments
Balance - any money/funds that you have in your CollegeWishingWell.com Account
Business Days - Monday through Friday, excluding Holidays
Card Funded Payment - a payment that is fully or partially funded through a credit card or debit card
Card Processing Agreement - the agreement that commercial entities are required to enter into directly with CollegeWishingWell.com's payment processor(s)
Chargeback - a request made by a credit card holder directly to his or her credit card company to invalidate a payment
Confirmed Address - an address that has been reviewed by CollegeWishingWell.com and found highly likely to be that of the User to which it is associated
Customer Service - CollegeWishingWel.com's customer support which can be accessed online through the CollegeWishingWell.com Contact webpage at any time, or by calling (866) 631-0028
Days - calendar days
Dispute - a dispute filed by a User
Fees - those amounts stated in section 8 of this Agreement
Funding Source - the payment method used to fund a transaction
Holidays - New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Good Friday (the Friday before Easter), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November), The Day After Thanksgiving Day, Christmas Day (December 25), and New Years Eve (December 31).If a Holiday falls on a Saturday, CollegeWishingWell.com shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, CollegeWishingWell.com shall observe the Holiday on the following Monday
Information - any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, billing address, phone number and financial information
Merchant Processing Delay - a delay between the time you Authorize a payment and the merchant processes your payment
CollegeWishingWell.com, we, us or our - CollegeWishingWell.com and its affiliates
Policy or Policies - any Policy or other agreement between you and CollegeWishingWell.com that you entered into on the CollegeWishingWell.com website, or in connection with your use of the Services
Pooled Accounts - Accounts at one or more FDIC-insured banks in which CollegeWishingWell.com will place Account Balances
Reserve - a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks or any other liability related to your Account and/or use of the Services
Restricted Activities - those activities described in section 9 of this Agreement
Reversal - a payment that you received has been removed from your Balance for any reason other than a Chargeback
Send Money - your ability to send money though the Service
Service - all services and features available through CollegeWishingWell.com
Substantial Change - a change to the terms of this Agreement that reduces your rights or increases your responsibilities
Verified - that you have completed our verification process to establish your identity with CollegeWishingWell.com (Verification does not constitute an endorsement of a User)
User, you or your - you and any other person or entity using the Service
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CollegeWishingWell.com Acceptable Use Policy
Release Date: 2/14/2008
You are independently responsible for complying with all applicable laws in all of your actions related to your use of CollegeWishingWell.com's services. In addition, you must adhere to the terms of this Acceptable Use Policy.
Prohibited Activities
You may not use the CollegeWishingWell.com service for activities that violate any law, statute, ordinance or regulation:
related to the use of (a) narcotics, steroids, certain controlled substances or other items that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) certain firearms, firearm parts or accessories, ammunition, weapons or knives
related to transactions that (a) represent payment of debts, (b), finance or refinance debts, (c) are associated with the sale and/or purchase of any good or service beyond the intended use of our Service, (d) involve betting or gambling
Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to CollegeWishingWell.com immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email CollegeWishingWell.com at: service@CollegeWishingWell.com.
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