Terms and Conditions

Corsava Counselor Connect Services

Last Modified: April 12, 2022

ACCEPTANCE OF THESE TERMS AND CONDITIONS

These terms and conditions are entered into by and between You and Corsava ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms and Conditions"), govern our provision of the Corsava Counselor Connect Services (“CCC Services” or “Services”) to you.

Please read these Terms and Conditions carefully before you click “accept.” BY CLICKING ACCEPT, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY STATEMENT, FOUND AT https://corsava.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms and Conditions or the Privacy Statement, you must not use CCC services.

AGE RESTRICTION

The Services are offered and available to users who are over the age of 13. By clicking “accept”, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use our services.

UNITED STATES ONLY

Unless otherwise specified, the Services are offered and provided only to persons residing in the United States.

CHANGES TO THE TERMS AND CONDITIONS

We may revise and update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all CCC Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on our website.

Your continued use of the CCC Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

YOUR RESPONSIBILITIES

You are responsible for:

* completing the Corsava Card Sort and Location Preferences

* completing the Corsava Student Questionnaire, including Career Assessment

* uploading your transcript

* answering all reasonable questions from your Counselor

* completing the Parent Questionnaire

The accuracy of your results depends upon your completion of the above responsibilities, and the accuracy of information you provide.

MEETING WITH YOUR COUNSELOR

The CCC Services include two teleconferences with your Counselor.  We will not record any telephone or teleconference meetings.  We use Zoom.

TRADEMARKS

The Company name, the terms CORSAVA™, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms and Conditions, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms and Conditions grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms and Conditions. Furthermore, except for the limited license above, nothing in these Terms and Conditions will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms and Conditions.

TERM AND TERMINATION

These terms and conditions are in effect during the period of time you are using the Services.

We have the right to:

  • Refuse CCC Services for any or no reason at our sole discretion.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

  • Terminate or suspend your access to all or part of the Services for any or no reason.

CONFIDENTIALITY

Definition of Confidential Information. For purposes of these Terms and Conditions, "Confidential Information" shall include all information or material that you have provided to us, whether directly or through a Counselor, and whether transmitted orally or in writing.

Exclusions from Confidential Information. We are not obligated treat confidentially information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by us before you disclose; (c) learned by us through legitimate means other than from you or your representatives; or (d) is disclosed by you with your prior written approval.

Our Obligations. We shall hold and maintain the Confidential Information in strictest confidence for your sole and exclusive benefit. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. We shall not, without your prior written approval, use for our own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to your detriment, any Confidential Information. We shall return to you any and all records, notes, and other written, printed, or tangible materials in our possession pertaining to Confidential Information immediately if you request it in writing.

Time Periods. This nondisclosure provision shall survive the termination of the Terms and Conditions. Our duty to hold Confidential Information in confidence shall remain in effect until you request return or secure destruction of the Confidential Information.

OUR SATISFACTION GUARANTEE

In the event you have completed all intake materials and are dissatisfied with the results of our Services, you may request a re-performance within 30 days of your initial results.  Such a request must be made in writing, and explain clearly how you are dissatisfied.  If it is not clear how we can redo the services to your satisfaction, we reserve the right to deny the re-performance.

GENERAL DISCLAIMER

WE CANNOT GUARANTEE ADMITTANCE TO ANY OF THE COLLEGES ON YOUR LIST, NOR CAN WE GUARANTEE WHAT YOUR FINANCIAL AID PACKAGE WILL BE.

DISCLAIMER OF WARRANTIES

OTHER THAN AS SET FORTH ABOVE IN OUR SATISFACTION GUARANTEE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

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 FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CCC SERVICES, INCLUDING ANY DIRECT, 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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section (“Dispute Resolution”) carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Corsava LLC, 8248 McGroarty St., Sunland, CA 91040. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms and Conditions. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms and Conditions. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in King County, Washington.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Corsava of any term or condition set forth in these Terms and Conditions 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 and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions 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 the Terms and Conditions will continue in full force and effect.

FORCE MAJEURE

Corsava shall not be liable for failure to perform any of its obligations hereunder, or under the Privacy Statement, during any period in which such performance is delayed or impracticable due to circumstances beyond Corsava's reasonable control, including without limitation earthquakes, fire, flood, war, embargo, strike (other than Corsava’s employees), riot, civil unrest, inability to secure materials, transportation, or power/utilities, intervention of any governmental authority, or acts of God/nature. 

MODIFICATIONS TO THIS AGREEMENT

We may make changes to this Agreement from time to time. A link to the most current Terms and Conditions that will govern your use of the CCC Services will be available on the Corsava website and we will indicate the date of the latest update. We may also place a special notice on the website or communicate significant changes by email. Your continued use of the CCC Services following the posting of such changes constitutes your acceptance of the amended Agreement.

 

SURVIVAL

Even after your rights under these Terms and Conditions are terminated, all provisions of these Terms and Conditions which by their nature should survive, will survive, including without limitation confidentiality provisions, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

 

TERMS OF SALE

  • Fees and Payment. You agree to pay all applicable, undisputed fees for the Services as set forth on the invoice. All payments you make to us for access to the Services are final. Orders are not refundable, even if you cancel or do not use the Services. Some Services may be subject to cancellation fees if you fail to give the required advance notice. Corsava is not responsible for any additional costs incurred while using the Services and all payments are due and payable regardless of your access and use of the Services. You are responsible for all fees and charges imposed by your financial institution or any voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file with our third-party payment provider is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time, we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for Services at any time.

  • Security. All payment transactions and any other personally identifiable information will be transmitted by third-party providers who are in Payment Card Industry Data Security Standard (PCI DSS) compliance.

  • Disputes; Delinquent Accounts. You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may also suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.

  • Taxes and Withholding. You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, Universal Services Fund (USF) fees and similar taxes (collectively, "Taxes") imposed by any government entity or collecting agency based on the Services, except those Taxes based on our net income.

ENTIRE AGREEMENT

These Terms and Conditions and our Privacy Statement constitute the sole and entire agreement between us (you and the Company) with respect to the CCC Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

YOUR COMMENTS AND CONCERNS

If you have questions or concerns, please contact customer service:

CORSAVA

8248 McGroarty St.

Sunland, CA 91040

     
All other feedback, comments, requests for technical support and other communications relating to the CCC Services should be directed to: ccc@corsava.com.

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