Terms and Conditions - Scholarships360

Last Updated: March 5, 2025

1. Your Acceptance

Welcome to the Terms of Service for Scholarships360. PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE BEFORE USING THIS SITE. This is an agreement (“Agreement”) between Scholarships360, Inc. (“Scholarships360″), the owner and operator of the www.scholarships360.org website and the Scholarship360 app (collectively, the “Platform”) and any services provided or accessible in connection with the Platform, including information, content, user interfaces, source code, reports, images, products, services, and data (collectively the “Services”) and you (“you”, “your” or “user(s)”), a user of the Services.

By clicking “I Agree,” creating an account with Scholarships360 or using our Services, you represent to Scholarships360 that you have read, understood, and expressly consent and agree to be bound by this Terms of Service Agreement, and our Privacy Policy, found at https://scholarships360.org/privacy-policy/, incorporated herein by reference, whether you are a visitor (which means that you simply browse or access a Platform), or a customer (which means that you have created an account with Scholarships360, or enrolled or registered with a Platform, or are accessing or using a Service). If you do not want to agree to this Agreement of Use or the Privacy Policy, you must not access or use the Services.

TO ENTER INTO THIS AGREEMENT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.

Throughout this Agreement, the words “Scholarships360,” “us,” “we,” and “our,” refer to our company, Scholarships360, Inc. as is appropriate in the context of the use of the words. NOTICE OF ARBITRATION AGREEMENT: THE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES BE RESOLVED BY ARBITRATION, RATHER THAN CLASS ACTION LAWSUITS OR JURY TRIALS (EXCEPT FOR CERTAIN CLAIMS). PLEASE SEE SECTION 17 FOR MORE INFORMATION.

We may amend this Agreement at any time and may notify you if we do so. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. License

Subject to your compliance with the Agreement, Company hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use our Platform and Services solely for your personal use and not for resale.

3. Information Submission

Where required, users must register on the Platform and create an account. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, not misleading, complete, and accurate information when registering for our Services and you must be 13 years of age or older to register and create an account. You agree that all information you provide is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree that you will only create an account on your own behalf and shall not create an account on behalf of another person or attempt to impersonate another person. We reserve the right to verify all user credentials and to reject any users. We reserve the right to deny or restrict your account at our discretion. You are entirely responsible for maintaining the confidentiality of your user name, password, and account, and you must not disclose them to any other person or entity. You are responsible for any and all activities that occur under your account. You agree to notify Scholarships360 immediately of any unauthorized use of your account or any other breach of security. Scholarships360 will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. We may suspend your account or use of all or part of our Platform or Services without notice if we suspect or detect any breach of security. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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. Each user is only entitled to one account and users may not share accounts with any third parties. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. We make no warranty whatsoever to you regarding the security of the Services or the Platform.

4. Parental Consent

As a parent, you agree to be bound by this Agreement. Additionally, you agree that all terms and conditions of this Agreement shall apply to you and your Minor that is using the Services. You represent, warrant, and covenant that you are responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Services and ensuring that Minor abides by all portions of this Agreement; and (c) the consequences of any use of the Services by such Minor.

5. Intellectual Property

The Platform, the Services and their entire contents, features, and functionality, including but not limited to all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software, design, selection, and arrangement thereof (collectively, the “Scholarships360 Content”) is the sole property of Scholarships360 and/or its licensors.

The “Scholarships360” mark and its logo used in connection with the Services are trademarks or registered trademarks of Scholarships360 in the U.S. You are granted no right or license with respect to the aforesaid trademark. You may not use our trademarks, copyrights, or logos in any manner that creates the impression that such items belong to or are associated with you or are used with Scholarships360’s consent.

All Scholarships360 Content is protected by United States and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Any information found on the Platform or any Services is for general informational and educational purposes only and is not an endorsement of any kind. Do not take any actions or refrain from taking actions based on any information found on the Platform. Use of the Scholarships360 Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Scholarships360 is prohibited. You may not otherwise copy, reproduce, modify, republish, download, store, publicly perform, transmit, distribute, publicly display or create derivative works of the Scholarships360 Content. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. If you violate this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Scholarships360. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

6. Information Found on the Platform

Scholarships360 makes available information regarding scholarships and other secondary education financial aid information. For scholarships administered by Scholarships360, you must abide by the following rules and conditions (https://scholarships360.org/scholarship-rules/) . For other scholarships listed on the Platform, Scholarships360 serves as a directory.

ALL SCHOLARSHIPS360 CONTENT FOUND ON THE SERVICES IS FOR GENERAL, INFORMATIONAL, AND EDUCATIONAL PURPOSES ONLY. NOTHING FOUND ON THIS PLATFORM IS TO BE DEEMED LEGAL OR PROFESSIONAL ADVICE. ALL DECISIONS THAT YOU MAKE CONCERNING ANY APPLICATIONS ARE AT YOUR OWN RISK. Scholarships360 makes reasonable efforts to publish information as accurately as possible, however, terms, conditions or exclusions of scholarships are subject to change without notice, and not all scholarships may be available in all locations, states, jurisdictions, provinces, territories, or to all applicants.

For scholarships not administered by Scholarships360, we do not endorse, sponsor, or administer the scholarships listed on the Platform. We make efforts to provide accurate and up-to-date information, but scholarship details, eligibility criteria, and application processes may change without notice. Users should verify all scholarship information directly with the scholarship providers before applying.

All decisions regarding any scholarship will be made solely by the educational organization or company granting such scholarship, unless the scholarship is administered by Scholarships360. Scholarships360 is not responsible for any errors, omissions, or changes in scholarship information or other content in the Platform. Any information you access on this Platform does not constitute a recommendation, advice, or complete description of any scholarships or other educational products found on the Platform. All Scholarships360 Content is offered “as-is” and without warranty of any kind. Please be aware that Scholarships360 Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Scholarships360 Content and you agree to release us from any liability related to your use of any Scholarships360 Content.

7. Third-Party Content

Scholarships360 does not endorse or warrant any Third-Party Content including but not limited to any materials, scholarship information, educational information, or other data provided by another user or third party (collectively “Third Party Content”) and does not assume responsibility for any Third-Party Content encountered whether through the Services or otherwise. SCHOLARSHIPS360 DOES NOT GUARANTEE OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE PLATFORM OR OTHER INFORMATION PROVIDED OR DISPLAYED ON THE PLATFORM INCLUDING, WITHOUT LIMITATION, ANY SCHOLARSHIP INFORMATION. WE ARE NOT OBLIGATED, UNDER ANY CIRCUMSTANCES, TO INVESTIGATE OR VERIFY ANY THIRD-PARTY CONTENT INCLUDING BUT NOT LIMITED TO DESCRIPTIONS, STATEMENTS, OR REPRESENTATIONS MADE BY THIRD PARTIES FROM WHICH WE OBTAIN INFORMATION. THIRD PARTY CONTENT IS SUBJECT TO CHANGE. No Third-Party Content or Scholarships360 Content is considered a guarantee, recommendation, or an endorsement of Scholarships360. If you use or access any Third-Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third-Party Content displayed on the Services to make any decisions. If you require more information regarding any Third-Party Content, please contact the owner of such Third-Party Content. Further, Scholarships360 assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third-Party Content.

The Platform may contain links to third party websites that are not owned or controlled by Scholarships360. Scholarships360 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Scholarships360 will not and cannot censor or edit the content of any third-party websites. By using the Platform, you expressly release Scholarships360 from any and all liability arising from your use of any third-party websites.

8. Scholarships

EXCEPT FOR SCHOLARSHIPS360-ADMINISTERED SCHOLARSHIPS (THAT ARE SUBJECT TO ELIGIBILITY AND ADDITIONAL CONDITIONS), WE DO NOT MAKE AVAILABLE OR GRANT ANY SCHOLARSHIPS AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY EDUCATIONAL ORGANIZATION OR BUSINESS GRANTING ANY SCHOLARSHIP TO YOU. PLEASE BE AWARE THAT WE MAY HAVE AGREEMENTS WITH THIRD PARTY PROVIDERS THAT MAY ENTITLE US TO A REFERRAL FEE OR AFFILIATE COMMISSION.

9. Privacy

Please read Scholarships360’s Privacy Policy for more information regarding our collection and use of your information. The Scholarships360 Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Platform or Services. You may not be required to create a user account when you use our Platform.

10. Service Availability and Modification

Although we will make every effort to ensure continuous availability of the Services, we do not guarantee that the Services will always be available or be accessible at any particular time. We are not responsible for inaccessibility during these downtimes. We reserve the right to alter, modify, update, or remove our Services at our sole discretion at any time without notice. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Services.

11. Your Conduct While Using The Platform

When accessing or using our Platform, you are solely responsible for your actions and you agree to abide by the following rules of conduct:

You will not copy, distribute or disclose any part of the Platform or Services in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Servers running the Platform;
You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or Services or to extract or export data collected through the Platform or Services;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You agree not to use the Platform or Services to stalk, harass, bully or harm another individual;
You agree that you will not hold Scholarships360 responsible for your use of the Platform or Services;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to or used by Scholarships360;
You agree not to use the Platform or Services for commercial purposes such as reselling or to build a competing product;
You agree to not violate any US federal laws, state laws, or local laws while using the Platform or Services; and
You agree not to use the Platform in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions, your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Scholarships360 reserves the right to suspend or terminate your access at any time without notice or explanation.

12. User Content

A user’s submission through the Platform, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you, the user. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.

13. User Content Guidelines

Please be aware that all User Content may be shared with scholarship providers, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:

You agree that User Content submitted is truthful, up-to-date, and accurate and is not submitted on behalf of another person or party;
You agree not to submit any User Content that that violates any third party agreements or infringes on any privacy rights or personal data of others

If you have violated any of our User Content guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated immediately and we may remove or delete such User Content at our discretion.

14. Disclaimer and Limitation of Liability.

(i) YOU AGREE THAT YOUR USE OF THE PLATFORM OR SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT SCHOLARSHIPS360 MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. SCHOLARSHIPS360 DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS PLATFORMOR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS PLATFORM OR THE SERVICES DO NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. SCHOLARSHIPS360 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PLATFORM OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

(ii) You agree that Scholarships360 and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Scholarships360, its affiliates, and their respective suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Scholarships360 by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. Regarding third party sites linked to the Service, Scholarships360 does not maintain, control, or endorse their content. You access such sites at your own risk, and our terms no longer govern such access. Scholarships360 is not responsible for the reliability of communications equipment or services you use to access the Service.

(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SCHOLARSHIPS360, ITS AFFILIATES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF SCHOLARSHIPS360 HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS PLATFORM, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SCHOLARSHIPS360’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $100.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or this Agreement. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all such matters under this Agreement In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

15. Indemnity

You agree to defend, indemnify, and hold harmless Scholarships360, its officers, directors, agents, service providers, licensors, employees, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, judgements, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or relating to:

Your interactions or agreements with any third parties;
Your violation of any term of this Agreement;
Your User Content; and
Your use of the Platform, the Services or its content.

16 Choice of Law

You agree that all matters relating to this Agreement or your access to or use of the Services, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.

17. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1 Both parties agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between both parties, including but not limited to claims arising out of or relating to any aspect of the relationship between parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain claims as provided under Section 20.5 below.

17.2 By agreeing to this Agreement, you agree to resolve any and all disputes with us as follows:

a. Initial Dispute Resolution: To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), both parties may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is the physical address that you have provided to us. Our address for such notices is 510 Meadowmont Village Circle, #117, Chapel Hill, NC 27517.

b. Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time Informal Negotiations are initiated under the Initial Dispute Resolution provision above, both parties agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, we will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any claim that all or any part of this Agreement or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section 20.4 below. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The arbitration will take place in Brooklyn, NY. Both parties further agree to submit to the personal jurisdiction of any federal or state court in Kings County, New York in order to compel arbitration, to stay proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, or to litigate all such claims or disputes that are not subject to arbitration, and waive any objection to such jurisdiction or venue.

17.3 Arbitration Process: A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator.

17.4 Class Action Waiver: To the fullest extent permitted by applicable law, both parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

17.5 Exclusion: Both parties agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

17.6 Right to Opt-Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on your account) written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of this Agreement or your first use of the Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we will not be bound by them, either.

17.7 Changes to This Section: we will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on our Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on our site.

Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

17.8 Survival: This Arbitration and Class Action Waiver section will survive any termination of your account or the Services.

18. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, ransomware or hacker attacks, website outages, acts or omissions of our vendors, suppliers, or common carriers, or any other event beyond our control.

19. Severability

If any provision of this Agreement 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 this Agreement will continue in full force and effect.

20. Non-Waiver

No waiver by Scholarships360 of any term or condition set out in this Agreement 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 Scholarships360 to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

21. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership , warranty disclaimers, indemnity, arbitration and class action waiver, and limitations of liability. You agree that we are not required to provide you with access to our Platform or Services and may terminate our Platform or Services at any time and for any reason.

22. Termination and Account Termination

We may suspend or terminate your account at our sole discretion at any time, with or without notice. If you wish to terminate your account, please use your account dashboard or contact [email protected]. Upon termination, your account may become immediately disabled and information related to your account may not be saved. We may retain your personal information upon termination in accordance with our Privacy Policy.

23. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24. Electronic Communications

The communications between you and Scholarships360 use electronic means, whether you visit the Platform or send Scholarships360 emails or texts, or whether Scholarships360 posts notices on the Platform or communicates with you via email. For contractual purposes, you: (1) consent to receive communications from Scholarships360 in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Scholarships360 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.