Terms of Sale

Last Modified: September 2, 2022

Thank you for considering a purchase from The College Spy, LLC (“The College Spy”, “Company”, “we”, “us” or “our”). These Terms of Sale (the “Terms of Sale”) apply to all purchases of goods and services via our Website: thecollegespy.com (the “Website”).

Please read these Terms of Sale carefully before making a purchase via the Website. These Terms of Sale may be updated at any time at our discretion so you must review these Terms of Sale prior to each purchase you make. By completing a purchase via the Website, you accept and agree to be bound by these Terms of Sale as posted to the Website as of the completion of your purchase.

Access and use of our Website is also subject to our Website Terms of Use and Privacy Policy which can be found here. Any information or materials, including as applicable your image and voice, you provide to us in connection with a purchase via the Website or during access or use of the item purchased will be subject to our Privacy Policy.

Returns and Refund Policy

Merchandise purchased via the Website that is received in damaged condition or with defects in workmanship or materials may be returned for a full refund of the purchase price (excluding shipping cost) if returned to The College Spy in unused condition. The College Spy reserves the right to inspect and confirm damage or defective workmanship or materials prior to issuing a refund.

Merchandise purchased via the Website may be returned for a full refund of the purchase price (excluding shipping cost) if returned to The College Spy in unused, undamaged condition and in its original packaging within 10 business days after the original purchase date.

Non-merchandise items, including access to live or recorded courses, workshops, webinars and presentations and downloadable materials or content purchased via the Website is final sale only. Except as specifically stated below, no refunds or credits will be given.

Product Changes

Items offered for purchase via the Website may change or be discontinued at any time. We will deliver items that have similar characteristics of the item you ordered, but minor changes between what is delivered and what is described online are possible. We may ship items with minor specifications changes, provided that there is materially the same functionality, performance and characteristics of the ordered items.

Items may differ slightly from how depicted in any illustrations, photography or descriptions on the Website. The College Spy has made every effort to display as accurately as possible the colors of Products as they appear on the Website. However, as the actual colors you see will depend on photographic processes and your screen, Company cannot guarantee that your screen’s display of any color will be accurate.

Scheduling Matters

Certain non-merchandise items purchased via the Website are available only on a particular schedule or for a particular time period, such as live workshops (“Time Limited Products”). You are responsible for making yourself or your student, as applicable, available on the date/time of the Time Limited Product you have purchased. If you, or your student, as applicable, is unavailable for a Time Limited Product on the date/time you purchased and you notify us in advance via email to michelle@thecollegespy.com, we will make a commercially reasonable efforts to allow you to attend or participate in an equivalent Time Limited Product at a different date and time. However, we cannot guaranty that an equivalent Time Limited Product will be available or available at a day/time that is convenient for you and no refund or credit will be given in such event. Certain non-merchandise items are accessible “on-demand” so that you may view them on your own schedule. Our obligation with respect to these items to make them available for a reasonable period of time after your purchase. However, these accessible “on demand” items will not be available indefinitely and we reserve the right to take-down or revise these items at our discretion so long as they are available for a reasonable period after your purchase. No refunds or credits will be given if you fail to view/use an accessible “on demand” item withing a reasonable period after purchase. On occasion, we may need to reschedule or cancel a Time Limited Product for various reasons. If such a circumstance arises, we will notify you as soon as possible and will offer a refund of your full purchase price if we are unable to offer an equivalent Time Limited Product on an alternative schedule that is convenient for you.

Technology and Communications Requirements

Non-merchandise items require certain technology (such as a computer or smartphone and certain software) and communications connection (such as Internet access or a phone line). You are responsible for having or obtaining the technology and connectivity necessary to participate in or use any non-merchandise product you purchase via the Website. We have no responsibility for assuring that you have the right technology and communications connection. Refunds or credits will not be issued if you are unable to access a non-merchandise product you have purchased via the Website due to any technology or connectivity problem or limitation that is outside of the control of The College Spy. Refunds or credits will not be given if the video portion of any non-merchandise item is interrupted or inaccessible provided that the audio is available. We do not guarantee that all features, e.g. chat, will be available.

To use or participate in a non-merchandise item purchased via the Website, you may need to download, install, and configure Zoom or other software. This may take time and you may need to update your browser, reconfigure or disable certain security protocols or make other changes to your computer. You are responsible for these tasks and allowing yourself time to complete them. No refunds or credits will be given if you are late or unable to access the item you have purchased due to you failure to download the necessary software and configure your computer correctly and in a timely manner.

Recording and Access by other Users; Removal

Certain non-merchandise products will be delivered in a manner (e.g. via Zoom) which include a feature that allows audio and any documents and other materials exchanged or viewed to be recorded. By joining a webinar session, you automatically consent to such recordings and you grant to The College Spy a worldwide, perpetual, royalty free, right and license to use your likeness and voice, as it appears in such recordings, for The College Spy’s business purposes. Additionally you acknowledge that and consent to your likeness, voice and comments input into any chat feature being visible to other participants.

The College Spy reserves the right to mute or remove from any live non-merchandise product any participant who we determine, in our discretion, to have exhibited threatening, vulgar, abusive or other inappropriate conduct, or who repeatedly interrupt a presenter or other participants. No refunds or credits will be given in connection with such circumstances.

Registration and Access Credentials

Registration or download information (“Access Credentials”) for any non-merchandise product purchased via the Website may not be shared with, forwarded to or otherwise made available to third parties other than your student, as applicable. Any other sharing of Access Credentials may result in termination of all access without refund. You are responsible for maintaining the confidentiality and security of your Access Credentials. If you have lost or if you believe that any third party has obtained your Access Credentials, you must notify us immediately via email to michelle@thecollegespy.com.

Ownership and Rights to Use

All content and material comprising any non-merchandise product purchased via the Website is owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Your purchase of any non-merchandise item via the Website grants you one single individual license or a number of single individual licenses as specified at time of purchase. You may access and use such items only for your, or your student’s, as applicable, personal, non-commercial purposes only. You are not permitted to review or display this content in a group environment or setting (conference room, etc.) in a manner that will permit individuals without a valid license to access or view the material. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content or material comprising any non-merchandise product purchased via the Website, except as follows:

• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, display, publication or distribution.

• If we provide desktop, mobile or other applications, whether our own or those of third-parties, for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Recording or re-recording of live or recorded courses, workshops and presentations and duplication or redistribution, in any form, of downloadable materials or content or extracts therefrom is strictly prohibited.

The designs of any merchandise purchased via the Website are proprietary to The College Spy and the Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Your purchase of merchandise of a particular design or downloadable content containing such marks does not give you the right to use such proprietary designs or marks for any purpose other than your, or your student’s, as applicable, personal, non-commercial purposes without the prior written permission of the Company.

Acknowledgements and Disclaimer of Warranties

It is acknowledged and agreed that:

• The items offered for sale via the Website may include information, guidance and advice regarding college planning, selection and admissions; however, this is provided for general education purposes only and without warranty that such information, guidance and advice is complete, correct or will assure any particular result or outcome. All decisions in connection with or the implementation of the information, guidance presented in the items purchased via the Website is solely your responsibility.

• Students work at different paces, have different capabilities, strengths and weaknesses and may devote more or less effort, time and focus to participation or a particular task, An individual student’s progress and results will depend on such variables among others. There is no assurance that any one student will have particular outcome or achieve a particular result as a participant in or user of any courses, workshops, presentations, downloadable materials or content purchased via the Website.

• Although certain of the courses, workshops and presentations and downloadable materials or content purchased via the Website may address certain matters of legal or financial significance (such as student financial aid), The College Spy does not provide financial advice, accounting or tax services or legal advice of any kind and you must engage a professional service provider if such professional advice and services are desired.

Except as expressly stated in these Terms of Service, The College Spy makes no warranties of any kind regarding the items available for sale via the Website. In particular, The College Spy makes no warranties as to the outcomes of the items purchased via the Website and does not guarantee (a) acceptance at any college or university or any particular school/program thereof, or (b) receipt of any scholarship or financial aid.

DISCLAIMER OF WARRANTIES. THE WARRANTIES EXPRESSLY STATED IN THESE TERMS OF SALE ARE THE ONLY WARRANTIES MADE TO YOU REGARDING THE ITEMS PURCHASED VIA THE WEBSITE AND ARE PROVIDED IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) CREATED BY ANY ADVERTISING, DOCUMENTATION, PACKAGING, OR OTHER COMMUNICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COLLEGE SPY PROVIDES THE ITEMS PURCHASED VIA THE WEBSITE AS IS WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF VIRUSES, TROJAN HORSES OR MALWARE, AND LACK OF NEGLIGENCE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY ITEM PURCHSED VIA THE WEBSITE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disputes, Governing Law and Jurisdiction

All matters relating to the purchase of items via the Website and these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the State of Wyoming located in Teton County although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

EXCEPT AS REQUIRED BY APPLICABLE LAW ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO ANY ITEM PURCHASED VIA THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY DISPUTE OR CLAIM ARISING FROM THE WEBSITE OR THE TERMS.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Sale will continue in full force and effect.

Entire Agreement

These Terms of Sale constitute the sole and entire agreement between you and the Company with respect to purchases via the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to thereto.

Pricing and Payment

The College Spy reserves the right to set and change at any time the pricing for items available for purchase via the Website. Coupon codes or discounts will be available only for the period specified with respect thereto. Sales tax may apply to your purchases and will be added to the price of your item. Shipping costs may apply to your purchases and will be added to the price of your item.

The College Spy uses third party payment processors to complete your payment, such as PayPal. Your payment via PayPal or another payment processor is additionally subject to their terms and conditions. Your credit card details are not retained by The College Spy and details required to process payment are shared with our third party payment provider for the sole purpose of payment processing.

Your Comments and Concerns

This website is operated by The College Spy, LLC, PO Box 6722, Jackson, WY 83002.

The College Spy welcomes your feedback.

Feedback, comments, requests for accessibility or technical support and other communications relating to the Website should be directed to the following email address: michelle@thecollegespy.com or by phone at 1-800-207-4305 (toll free) or 1-646-801-5308.