Terms of Service

Introduction

Welcome to EDUrain, a platform to help college and college-bound students find roommates and housing. The EDUrain roommate matching service and housing search engine (collectively, "the EDUrain Service") are operated by EDUrain, LLC, a Missouri company (collectively, "us", "we" or "the Company"). This Terms of Use Agreement ("Terms of Use" or this "Agreement") sets forth the legally binding terms for your use of the EDUrain Service. By using the EDUrain Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the EDUrain Service) or you are a "Member" (which means that you have logged into the EDUrain Service). The term "User" refers to a Visitor or a Member.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the EDUrain Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the EDUrain Service. It is your responsibility to regularly review these Terms of Use.

Registration Obligations

In order to use the EDUrain Service, you agree to: (a) provide to us, either directly or through the login system, true, accurate, and current information about yourself as prompted by the EDUrain Service registration and login process (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By using the EDUrain Service, you represent and warrant that (a) you are 14 years of age or older; and (b) your use of the EDUrain Service does not violate any applicable law or regulation. Registration Data and other information about you are subject to our Privacy Policy - for more information, see our full Privacy Policy.

User Account

You will create an account during the EDUrain Service registration process. You are responsible for maintaining your account, and you are solely responsible for all activities that occur under your account. You agree to immediately notify EDUrain of any unauthorized use of your account or any other breach of security. EDUrain will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph. You agree not to use the account of another Member at any time.

Non-Commercial Use

The EDUrain Service is provided for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by EDUrain. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the EDUrain Service, or of any data or information accessed or provided through the EDUrain Service, for any commercial purpose, or by any commercial entity, is expressly prohibited.

You agree not to use or launch any automated system or scripts, including without limitation, "robots," "spiders," "offline readers," etc., to access the EDUrain Service or to "scrape," "harvest," or otherwise retrieve, any data, documents, content or other information from the EDUrain Service. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the EDUrain Service, nor to use the communication systems provided by the EDUrain Service for any commercial solicitation purposes. You agree not to solicit any users of the EDUrain Service with respect to their Member profiles or Content. Notwithstanding the foregoing, EDUrain grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. EDUrain reserves the right to revoke rights granted herein either generally or in specific cases.

Appropriate legal action will be taken for any illegal or unauthorized use of the EDUrain Service (including illegal or unauthorized use of any data or information accessed or provided through the EDUrain Service).

Fees

Though The EDUrain Service is a free service, You acknowledge that EDUrain reserves the right to charge for the EDUrain Service and to change its fees from time to time in its discretion.

Member Conduct

You agree that you may not use the EDUrain Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the EDUrain Service. In addition, you agree not to use the EDUrain Service to:

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including but not limited to, a EDUrain official, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate, stalk or harass another;
  • harm minors in any way;
  • use or attempt to use another's account, service or system without authorization from the Company;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the EDUrain Service; or
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Member Content Posted on the EDUrain Service

You are solely responsible for the media, files, electronic documents, photos, profiles, questions, answers, comments, ratings, reviews, descriptions and other content that you create, publish or display (hereinafter, "post") on or through the EDUrain Service, or transmit to other Members (collectively the "Content"). EDUrain does not endorse and has no control over the Content. Content is not necessarily reviewed by EDUrain prior to posting and does not necessarily reflect the opinions or policies of EDUrain.

EDUrain reserves the right to reject, refuse to post, or remove any Content at any time, without prior notice, in its sole discretion, and for any purpose, including but not limited to, for violations of these Terms of Use. EDUrain assumes no responsibility for monitoring the EDUrain Service for inappropriate Content or conduct. If at any time EDUrain chooses, in its sole discretion, to monitor the EDUrain Service, EDUrain nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

By posting Content to any part of the EDUrain Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license to use, modify, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand that, under the foregoing license grant, EDUrain and its sublicensees may make commercial use of your Content in whatever manner it or they deem appropriate, and you shall not be entitled to receive any fee, royalty, payment, compensation or remuneration of any kind in connection with such commercial use by EDUrain and/or its sublicensees.

By posting Content to any part of the EDUrain Service, you represent and warrant that: (i) you own the Content posted by you on or through the EDUrain Service or otherwise have the right to grant the license set forth in the preceding paragraph, and (ii) the posting of your Content on or through the EDUrain Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the EDUrain Service.

You understand that by using the EDUrain Service, you may be exposed to Content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EDUrain with respect thereto, and agree to indemnify and hold EDUrain , its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the EDUrain Service.

Under no circumstances will EDUrain be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the EDUrain Service. EDUrain makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that EDUrain may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of EDUrain , its Users and/or the public. You understand that the technical processing and transmission of the EDUrain Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

EDUrain's Proprietary Rights

Except for (a) Content posted by you or (b) intellectual property belonging to you, all content on the EDUrain Service, including but not limited to design, text, graphics, academic data, course materials, documents, messages, ratings, reviews, other files, and their selection and arrangement (collectively, "EDUrain Content") are the proprietary property of the Company or its licensors, with all rights reserved. You acknowledge and agree that the EDUrain Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including laws covering data access and data compilations. No EDUrain Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, incorporated into any derivative works or compilations, posted, transmitted, rented or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish EDUrain Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. You agree not to circumvent, disable or otherwise interfere with security related features of the EDUrain Service or features that prevent or restrict use or copying of any EDUrain Content or enforce limitations on use of the EDUrain Service or the EDUrain Content therein. You agree not to access the EDUrain Service by any means other than through the interface that is provided by EDUrain for use in accessing the EDUrain Service. You agree not to reproduce, duplicate, copy, sell or resell, any portion of the EDUrain Service, use of the EDUrain Service, or access to the EDUrain Service, other than as provided within the scope of the EDUrain Service and as expressly permitted under these Terms of Use.

Copyright Policy

We respect the intellectual property rights of others. EDUrain does not permit copyright infringing activities and infringement of intellectual property rights on any portion of the EDUrain Service and EDUrain will remove any Content from the EDUrain Service if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us at info@edurain.org.

Privacy

Use of the EDUrain Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Links to Other Websites

The EDUrain Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EDUrain has no control over such sites and resources, you acknowledge and agree that EDUrain is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EDUrain shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or EDUrain Service available on or through any such site or resource. If you purchase goods and services on such sites or resources or otherwise engage in commerce activities with the third parties operating such sites or resources, you acknowledge and agree that EDUrain is not a party to any such transaction or commerce activity, and any recourse you may have with respect to such transaction or commerce activity shall we be exclusively with the third parties operating such sites, and not with EDUrain. EDUrain specifically disclaims any and all responsibility or liability in conjunction with any such transaction or commerce activity, including any responsibility to provide customer service or support or otherwise intervene with such third parties.

Member Disputes

You are solely responsible for your interactions with other EDUrain Members. We reserve the right, but have no obligation, to monitor interaction and disputes between you and other Members.