Terms of Use Agreement

Last revised March 24, 2012


More About Our Policy

Welcome to useRubin.com, the service for internationals students wishing to attend an American institution of higher education. useRubin.com is operated by Recruiting University Bound Internationals Network LLC ("Rubin"). By using the useRubin.com Website, (the "Website") you agree to be bound by these Terms of Use (this" Agreement"). If you wish to become a Member and make use of the useRubin.com service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the useRubin.com Privacy Policy, do not use the Website or the Service.

Acceptance of Terms of Use Agreement

  1. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Rubin from time to time, such modifications to be effective upon posting by Rubin on the Website. This Agreement includes Rubin's Acceptable Use Policy for Content Posted on the Website, Rubin's Privacy Policy, Rubin's membership policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
  2. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
  3. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

Eligibility

You must be at least sixteen (16) years of age to register as a member of the useRubin.com service or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Membership Pricing

You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service.

Term

This Agreement will remain in full force and effect while you use the Website and/or are a Member. If you are student and once you have enrolled or matriculated into an American institution of higher education you must notify your counselor or Rubin that you are no longer seeking to be recruited into an American institution of higher education. Additionally, students must notify their counselor which college or university the will be attending. You may terminate your membership at any time, for any reason, by following the instructions on the pages in "Account Settings" on your profile page. If you cancel your membership via the useRubin.com site, to help Rubin analyze and improve the Service, you may be asked to provide a reason for your cancellation. You may bypass this brief cancellation survey page and continue the cancellation process by clicking the "Continue Cancellation" or other similar button on the page. Rubin may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Rubin. All decisions regarding the termination of accounts shall be made in the sole discretion of Rubin. Rubin is not required to provide you notice prior to terminating your membership. Rubin is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Commercial Use by Members

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Unauthorized organizations, companies, and/or businesses may not become Members of the service and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email is prohibited. Use of the Website is with the permission of Rubin, which may be revoked at any time, for any reason, in Rubin's sole discretion.

Student Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Rubin of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rubin will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Content on Website

Proprietary Rights. Rubin owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Rubin, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Information Posted by You on useRubin.com

  1. You are solely responsible for the information that you publish on the Service You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Rubin, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify useRubin.com of such change.

Your use of the Service, including but not limited to the information you post on the Service, must be in accordance with any and all applicable laws and regulations.

All information you include in your Member profile must be accurate, current and complete.

Prohibited Activities

Rubin reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

Customer Service

Rubin provides assistance and guidance through its customer assistance representatives. When communicating with our customer assistance representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

Membership

Your membership will continue indefinitely until cancelled by you or Rubin learns you have matriculated into an institution of higher education or your membership is revoked for violations of this agreement. Rubin reserves the right to cancel any membership at any time.

Modifications to Service

Rubin reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rubin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Member Disputes

You are solely responsible for your interactions with other useRubin.com Members. Rubin reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy and Communications

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the useRubin.com Privacy Policy for more information regarding these communications.

Disclaimers

Rubin is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Rubin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Rubin is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Rubin or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Rubin expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Rubin cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rubin has no control over such sites and resources, you acknowledge and agree that Rubin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Rubin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Rubin be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Rubin has been advised of the possibility of such damages. Rubin does not guarantee or warrant any specific outcome as a result of using this service. useRubin is not responsible for any university or college decisions concerning any information on the useRubin service. useRubin makes no claim as to the accuracy on the information on this site. Any information received from students or recruiters must be independently verified.

Arbitration and Governing Law

  1. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Rubin in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Rubin any class action, class arbitration, or other representative action or proceeding.
  2. Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Rubin (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Rubin (except for small-claims court actions) may be commenced only in the federal or state courts located in Lynchburg, Virginia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  4. Governing Law. This Agreement, and any dispute between you and Rubin, shall be governed by the laws of the state of Virginia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Indemnity by You

You agree to indemnify and hold Rubin, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Other and Amendments

This Agreement contains the entire agreement between you and Rubin regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Rubin at any time. If you are a Member at the time of any change, this Agreement will continue to govern your membership.

Please Contact Us with any questions regarding this agreement. Rubin is a trademark of Recruiting University Bound Internationals Network LLC.

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