Terms & Conditions

Hollins University Terms of Use

EFFECTIVE DATE: March 1, 2025

These terms of use contain the terms and conditions applicable to you and your access to and use of this website; and elsewhere online where there is a link to these terms of use (collectively, “Terms”). This includes, without limitation, any feature, content (including, without limitation, text, graphics, icons, images, and clips), software or application, and any products or services appearing or marketed on the websites.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES AND OBLIGATIONS, GOVERN YOUR USE OF THE WEBSITES, ARE LEGALLY BINDING, LIMIT HOLLINS UNIVERSITY’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY US AND TO SETTLE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION. PLEASE NOTE THAT NOTHING IN THESE TERMS AFFECTS YOUR MANDATORY STATUTORY RIGHTS UNDER APPLICABLE LAW, TO THE EXTENT THAT SUCH RIGHTS APPLY TO YOU AND CANNOT BE LIMITED OR EXCLUDED.

Accordingly, please review these Terms carefully before using the Website. Your use of the Website is subject to these Terms, the applicable HOLLINS UNIVERSITY privacy policy, and all applicable laws, rules and regulations. By using or accessing the Website, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and the applicable privacy policy for the Website, the terms and conditions of which are incorporated herein by this reference.

If you do not wish to be bound by these Terms, and any applicable Additional Terms (defined below), you should not use or access the Website.

These Terms are subject to change at any time, so we encourage you to periodically review all the terms and conditions posted on the Website. If we make any material changes to these Terms we will post the updated version(s), along with an effective date, so as to give you notice by means of the Websites. In the event that you have these Terms cached on your browser, the Terms that apply to you are the most recent version of the Terms that appear on a non-cached browser.

If any changes to these Terms are not acceptable to you, you must stop your access to and use of the Website. Note, the singular form of any noun or pronoun in these Terms shall include the plural and vice versa unless the context in which such word is used requires otherwise.

1. OWNERSHIP; YOUR RIGHTS TO USE THE WEBSITES.

a. Ownership. The Websites, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property Rights”), are owned or controlled by HOLLINS UNIVERSITY. All right, title, and interest in and to the Websites and the Intellectual Property Rights are the property of HOLLINS UNIVERSITY, and are protected by U.S. and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. HOLLINS UNIVERSITY owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the content on the Websites.

b.Your Rights to Access and Use the Websites. Your right to access and use the Websites is subject to your strict compliance with these Terms. Your right to access and use the Websites shall automatically terminate upon any violations of these Terms or the applicable Additional Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Websites is personal to you, you may neither assign nor transfer your right, and any attempt to do so is void. You may access and use the Website for your personal, non-commercial, lawful use only (collectively, the following are the “Licensed Elements”):

Display, view, and use the Websites on a computer, mobile or other internet-enabled, or permitted device (“Device”). You may electronically copy and print a hard copy from the Websites solely for personal, non-commercial purposes. Any other use of any content included on the Websites, including without limitation linking or framing, are strictly prohibited without HOLLINS UNIVERSITY’s prior written consent.
If made available to you, and you choose to obtain a registered personal account, or a related username and password, on a Website or interact with a Website in connection therewith;
Link to a Website from another site or online service; provided, that: (i) the links only incorporate text, and do not use any HOLLINS UNIVERSITY names, logos, or images; (ii) the links and the content on your site or online service do not suggest any affiliation with HOLLINS UNIVERSITY or cause any other confusion; and (iii) the links and the content on your website do not portray HOLLINS UNIVERSITY, its personnel, the Websites, or any other product or service in a negative, false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, abusive, or that violate any rights of any third-party or are otherwise objectionable to HOLLINS UNIVERSITY. HOLLINS UNIVERSITY reserves the right to suspend or prohibit linking to the Websites for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party;
Stream the Website content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Website, subject to any applicable Additional Terms; and
Use any other functionality expressly provided by HOLLINS UNIVERSITY on or through the Website for use by users, including without limitation functionality to create or post User-Generated Content (as defined below), subject to these Terms and any applicable Additional Terms.

c. Eligibility. Unless otherwise specifically noted in the features made available to you, the Websites and any products and services appearing or marketed on the Websites are intended for, directed towards the purchase of, and use by adults, i.e., those aged 18 years old or above, or by individuals 16 years old or older with the consent of an adult. Individuals over the age of 16 and under the age of 18 may only use the Websites with the supervision of a parent or legal guardian and should review these Terms with that parent or legal guardian to ensure that you all understand them. Further, you represent and warrant: (i) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U.S. government; (ii) you will not access or use the Website from such a country or region; and (iii) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.

d. Rights of Others. In using the Websites you must respect the intellectual property and the rights of HOLLINS UNIVERSITY and others. Your unauthorized use of the Website may violate the rights of others and applicable laws, rules and regulations, and could result in your civil and criminal liability.

e. Reservation of all Rights Not Granted to You as to the Websites. These Terms and any applicable Additional Terms, include intentionally narrow, limited grants of rights to use and access the Websites. No right or license to you may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY HOLLINS UNIVERSITY AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Website, Licensed Element, or any other HOLLINS UNIVERSITY product or service where these Terms are posted is prohibited for any purpose.

2. CONTENT YOU SUBMIT; INTERACTIVE COMMUNITY RULES.

User-Generated Content. HOLLINS UNIVERSITY may now, or in the future, offer users of the Websites the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Websites, or on or in response to our pages or posts on any third-party platform or in connection with any of our promotions by any media or manner, or otherwise submit to us, e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Licensed Elements included therein, “User-Generated Content” or “UGC”). Depending on the features enabled, you may be able to submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, text subscription programs, gameplay, social communities, e.g., including the Interactive Community (defined below), if applicable, “contact us” tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest you have in your UGC.

Except as otherwise described in a Website’s posted Privacy Policy, or any applicable Additional Terms, you agree: (i) your UGC will be treated as non-confidential and non-proprietary by us, regardless of whether you mark them “confidential,” “proprietary,” or the like, and will not be returned; and (ii) to the maximum extent permitted by applicable law, HOLLINS UNIVERSITY does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.

In your communications with HOLLINS UNIVERSITY, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to our Websites, products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, HOLLINS UNIVERSITY retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. HOLLINS UNIVERSITY’s receipt of your Unsolicited Ideas and Materials is not an admission by HOLLINS UNIVERSITY of their novelty, priority, or originality, and it does not impair HOLLINS UNIVERSITY ’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
License to HOLLINS UNIVERSITY of Your UGC. Except as otherwise described in: (i) any applicable Additional Terms, e.g., such as a promotion’s official rules, which specifically govern the submission of your UGC; (ii) or in our applicable Privacy Policy, you hereby grant HOLLINS UNIVERSITY the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (iii) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (iv) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products or services. You understand that in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto, and further represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to HOLLINS UNIVERSITY to your UGC, you also, as permitted by applicable law, hereby grant to HOLLINS UNIVERSITY, and agree to grant to HOLLINS UNIVERSITY, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights, e.g., including attribution and integrity, that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights, if any, in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.
HOLLINS UNIVERSITY may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC. HOLLINS UNIVERSITY may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, e.g., to enhance accessibility of UGC, address copyright infringement, and protect users from harmful UGC. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Websites by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Websites or elsewhere, except that California individuals under the age of 18 years (“Minors”) have certain rights to have certain content about them that they have themselves posted on the Websites prospectively removed from public display as provided for in the Privacy Policy.
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any Minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC: (i) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant HOLLINS UNIVERSITY the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any HOLLINS UNIVERSITY obligation to obtain consent of any third-party and without creating any obligation or liability of HOLLINS UNIVERSITY; (ii) the UGC is accurate; (iii) the UGC does not and, as to HOLLINS UNIVERSITY’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or the rights of any third-party; and (iv) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

3. USING THE WEBSITES; USE RESTRICTIONS.

a. Creating an Account. Accounts may only be set up you, and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Websites. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other suspected or actual breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

b. Subscriptions; Rentals; Purchases; Taxes. In order to access certain features of the Websites, you may be required to make a purchase. Moreover, some aspects of the Websites may allow you to place orders for or rent products.

oAny deal terms presented to you at the time of rental, purchase, or other transaction you conduct on or initiate on the Websites (“Transaction”) shall be considered Additional Terms. You agree to pay HOLLINS UNIVERSITY all charges at the prices presented to you or your agent(s). You must provide, and you authorize HOLLINS UNIVERSITY to charge, your chosen payment provider (your “Payment Method”) when you make a purchase on our Websites. You agree to make payment using only a permitted Payment Method, and will only provide us with information about Payment Methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the full credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may update your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to HOLLINS UNIVERSITY updating such stored information from time to time based on information provided by you, your bank or payment services processors, among others. If you initiate a chargeback dispute for any payment or transaction made on our Websites, HOLLINS UNIVERSITY reserves the right to terminate the provision of Websites or delivery of HOLLINS UNIVERSITY products and services to you pending resolution of the chargeback dispute with the credit card issuer.

Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or services you receive from us, this may be a rental tax, sales tax or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.

c. Websites Use Restrictions. You agree that you will not: (i) use the Websites for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property Rights; (iii) engage in any activities through or in connection with the Websites that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to HOLLINS UNIVERSITY; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Websites by any means whatsoever or modify any Websites source or object code or any Software or other products, services, or processes accessible through any portion of the Websites; (v) engage in any activity that interferes with a user’s access to the Websites or the proper operation of the Websites, or otherwise causes harm to the Websites, HOLLINS UNIVERSITY, or other users of the Websites; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Websites or any feature that restricts or enforces limitations on use of or access to the Websites, services, content, Licensed Elements, or other HOLLINS UNIVERSITY products or services; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Websites, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Websites, other computer systems or networks connected to the Websites, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

d. Content Use Restrictions. You also agree that, in using the Websites, you will: (i) not monitor, gather, copy, or distribute the Website content, except as may be a result of standard search engine activity or use of a standard browser, on the Websites by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any Website content, not frame or utilize framing techniques to enclose any the Website, including without limitation any images, text, or page layout; (iii) keep intact all trademark, copyright, any other intellectual property, and all Intellectual Property Rights and other notices contained in the Website content; (iv) not use the Website content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) not make any modifications to the Website content, other than to the extent of your specifically permitted use of the Licensed Elements, as applicable; (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Websites, or otherwise use or exploit the Website content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms, or with the prior written consent of an officer of HOLLINS UNIVERSITY or, in the case of the Website content from a licensor or owner of the content; and (vii) not insert any code or product to manipulate the content in any way that adversely affects any user experience or the Websites.

e. Availability of Websites. HOLLINS UNIVERSITY, in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Websites and without limitation any elements and features of them, in whole or in part, for any reason.

f. Internet Connectivity Charges. Internet connectivity is required to access the Websites. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or the policies of internet service providers or others with whom you contract for such internet connectivity.

4. WIRELESS FEATURES; MESSAGES; LOCATION-BASED FEATURES.

a. Wireless Features. The Websites may offer certain features and services via your wireless Device. Features and services may include the ability to access the Websites’ features, upload content to the Websites, receive messages from the Websites, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Websites for Wireless Features, then you agree to notify HOLLINS UNIVERSITY of any changes to your wireless contact information (including phone number) and update your accounts on the Websites to reflect the changes. If the Websites includes push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Websites is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.

b. Text and Email Messages.

Certain Websites provided by HOLLINS UNIVERSITY may offer text messaging programs. You may be given opportunities to subscribe to various text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular text messaging program is limited, the text messaging program content will be so limited. Such consent is not required to purchase any product or services from the text messaging program itself. Subsequent or different text messaging programs will be unaffected by a previous opt-out. Notwithstanding anything else in these Terms, you consent to receive a text confirming any opt-out from a text messaging program in addition to all - non-commercial administrative or transactional messages.
By participating in any text messaging program offered through the Websites, you are agreeing to receive recurring text messages for marketing purposes sent to the mobile number you provided when you opted into such Websites’ text messaging program. Message frequency varies. Except for purchase of premium text programs to which you subscribe for a fee (to the extent such programs are offered), your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. If you wish to opt-out of receiving further text messages from a Service, please reply STOP to the any text message you received from the Service to unsubscribe. Standard carrier message and data rates may apply, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Carriers are not liable for delayed or undelivered messages. Contact your carrier for details.
Alerts auto-renew unless otherwise specified when you consented. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them as set forth in the text messaging program.

Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Websites, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

c. Location-Based Features. If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. Some Devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on Device settings. You can terminate Device location tracking via a mobile app by us by uninstalling the application. Territory geo-filtering may be required in connection with use of some Website features due, for instance, to Content territory restrictions. The location-based services offered in connection with Website’s mobile app(s) or feature(s) are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. Use location-based services at your own risk as location data may not be accurate.

5. NOTICE AND TAKE DOWN PROCEDURE FOR CLAIMS OF INFRINGEMENT.

a. DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Websites that is infringing and that you would like removed from our Websites, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.

b. DMCA Requirements. We are committed to complying with U.S. copyright and related intellectual property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue Website access and use to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Websites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
Identification of the URL or other specific location on the Websites where the material you claim is infringing is located, providing enough information to allow us to locate the material.
Your name, address, telephone number, and email address so that we may contact you.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Websites can be reached as follows:

By mail:
HOLLINS UNIVERSITY

7916 Williamson Rd.
Roanoke, VA 24020
Attn: Campus Store – DMCA Notice

By email: bookstore@hollins.edu

The email address above is only for reporting copyright infringement and may not be used for any other purpose.

If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.
It is often difficult to determine if your copyright has been infringed. HOLLINS UNIVERSITY may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

c. DMCA Counter-Notification. If access on the Websites to a work that you submitted to HOLLINS UNIVERSITY is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information:

a legend or subject line that says: “DMCA Counter-Notification;”
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including the full URL of the page(s) on the Websites from which the material was removed or access to it disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your full name, address, telephone number, email address, and the username of your account with us, if any;
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
your electronic or physical signature.

d. Receipt of DMCA Counter-Notification. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Websites. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither HOLLINS UNIVERSITY nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent whether our Intellectual Property Rights infringe your copyrights.

6. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS.

We strive to accurately describe our products or services offered on the Websites; however, we do not warrant that such specifications, pricing, or other content on the Websites is complete, accurate, reliable, current, or error-free. As permitted by applicable law, HOLLINS UNIVERSITY shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we would reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from HOLLINS UNIVERSITY is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive credit for the purchase price.

7. TERMINATION OR SUSPENSION.

a. Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Websites for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a “Restriction Notice”) to inform you: (i) your right to use or access any part of the Websites has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Websites to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

b. For You to Terminate. You may terminate these Terms by ceasing all use of the Websites and deleting all Licensed Elements from your Device.

c. Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Websites. Any suspension or termination will not affect your obligations to HOLLINS UNIVERSITY under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Websites, or upon notice from HOLLINS UNIVERSITY, all rights granted to you under these Terms, or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Websites. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to HOLLINS UNIVERSITY in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

8. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS OF LIABILITY.

a. DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLLINS UNIVERSITY AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HOLLINS UNIVERSITY PARTIES”) PROVIDE THE WEBSITES, SOFTWARE, LICENSED ELEMENTS, OR OTHER HOLLINS UNIVERSITY PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOLLINS UNIVERSITY PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER HOLLINS UNIVERSITY PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLLINS UNIVERSITY PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HOLLINS UNIVERSITY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HOLLINS UNIVERSITY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) HOLLINS UNIVERSITY PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HOLLINS UNIVERSITY PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HOLLINS UNIVERSITY PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

b. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLLINS UNIVERSITY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE WEBSITES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER HOLLINS UNIVERSITY PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

c. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY HOLLINS UNIVERSITY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Websites, Software. Licensed Elements, or other HOLLINS UNIVERSITY products or services, including without limitation:

your access and use of your inability to access and use the Websites, or as to the performance of the Websites;
any action taken in connection with an investigation by HOLLINS UNIVERSITY Parties or law enforcement authorities regarding your access to or use of the Websites;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the Websites’ technical operation or security or any compromise or loss of your UGC or other data or information; or
any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the HOLLINS UNIVERSITY Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Websites).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HOLLINS UNIVERSITY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HOLLINS UNIVERSITY OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY HOLLINS UNIVERSITY OR A MANUFACTURER OF A PHYSICAL PRODUCT.

The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Websites, or any express warranties by HOLLINS UNIVERSITY that are included in applicable Additional Terms.

d. APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

e. ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. ARBITRATION AND DISPUTE TERMS.

a. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Websites, the Software, the Licensed Elements, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, New York. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes.

b. Pre-Arbitration Notification. HOLLINS UNIVERSITY and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that HOLLINS UNIVERSITY need not do so in circumstances where its claims of Intellectual Property Rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim, whether you or HOLLINS UNIVERSITY, shall send a letter to the other side briefly summarizing the claim and the request for relief. If HOLLINS UNIVERSITY is making a claim, the letter shall be sent, via email, to the email address listed in your HOLLINS UNIVERSITY account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to: HOLLINS UNIVERSITY, 7916 Williamson Rd., Roanoke, VA 24020, Attn: Campus Store/Retail Advisor. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or HOLLINS UNIVERSITY, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.

c. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE WEBSITES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HOLLINS UNIVERSITY PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HOLLINS UNIVERSITY PARTY.

d. Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the HOLLINS UNIVERSITY Parties or by HOLLINS UNIVERSITY against you pursuant to this Section 9, or otherwise related to the Websites, Software, Licensed Elements, other HOLLINS UNIVERSITY products or services, Intellectual Property Rights or UGC, will be governed by, construed, and resolved in accordance with, the laws of the State of Virginia, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

e. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

f. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim for General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).

g. Survival. The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Websites or these Terms.

10. GENERAL PROVISIONS.

a. HOLLINS UNIVERSITY’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants HOLLINS UNIVERSITY a right of consent or approval or permits HOLLINS UNIVERSITY to exercise a right in its “sole discretion,” HOLLINS UNIVERSITY may exercise that right in its sole and absolute discretion. No HOLLINS UNIVERSITY consent or approval may be deemed to have been granted by HOLLINS UNIVERSITY without being in writing and signed by an officer of HOLLINS UNIVERSITY.

b. Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by HOLLINS UNIVERSITY), indemnify, and hold the HOLLINS UNIVERSITY Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any HOLLINS UNIVERSITY Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Websites and your activities in connection with the Websites; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Websites or your activities in connection with the Websites; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the HOLLINS UNIVERSITY Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the HOLLINS UNIVERSITY Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the HOLLINS UNIVERSITY Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The HOLLINS UNIVERSITY Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of HOLLINS UNIVERSITY. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

c. Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, pandemic, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors) or legislative or administrative interference (including those giving rise to currency changes or otherwise affecting our ability to operate or provide the nook service, whether in whole or in part).

d. Changes to Websites and Amendments to these Terms. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Websites, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms in our sole discretion. Your use of the Websites after any modification we make constitutes your acceptance of the most recent version of these Terms as modified.

e. Assignment. These Terms and all your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under it.

Contact Information. For help with the Websites or if you have any questions regarding the Websites or these Terms, please contact support at bookstore@hollins.edu. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms or the applicable Additional Terms.