Terms and Conditions

These terms of use (“TOU”) are between you (“you” or “User”) and Irnerius, LLC (“Irnerius,” “we,” or “us”) that provides the terms subject to which you may access and use the content, services, and functionality offered on the website operated by or on behalf of Irnerius including, but not limited to, https://www.[insert] (the “Site”), whether as a guest or a registered User. Please read these TOU carefully before you start to use the Site.

THESE TOU CONTAIN PROVISIONS ABOUT THE RESOLUTION OF DISPUTES BETWEEN YOU AND IRNERIUS THAT AFFECTS YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. Carefully review the Agreement to Binding Arbitration section below for complete details.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SITE, OR CREATING AN ACCOUNT, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.

Irnerius takes the privacy of our customers very seriously and wants you to feel comfortable whenever you visit our Site, use our Services, and participate in our online offerings. For more information, please visit our Privacy Policy.

Irnerius reserves the right to revise these TOU at any time by posting an update on the Site. Your use of the Site following such an update constitutes your agreement to be bound by these TOU as modified. We are not required to contact you prior to changing these TOU. NOTWITHSTANDING THE FOREGOING, THIS RIGHT TO REVISE SHALL NOT INCLUDE THE AGREEMENT TO ARBITRATE SET FORTH BELOW. NO PART OF THE AGREEMENT TO BINDING ARBITRATION MAY BE AMENDED, DISCHARGED, MODIFIED, OR WAIVED EXCEPT BY A WRITING SIGNED BY BOTH PARTIES.

  1. Services. Irnerius provides website content, features, and functionality including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“ Content”), online courses (each a “ Course”), and consulting services to students and families (“ Consulting”) (collectively, Courses and Consulting are the “ Services”) related to college counseling and data analysis. The Content and Services are intended for use by college bound students and their parents or guardians (each a “ Family”) for their personal, non-commercial use only, to aid in your college search. If you are a college counselor or any User other than a Family (“ Other User”), please note the restrictions set forth in Section 6(b) below.
  2. Content. By using the Services, you may have access to worksheets, tools, audio and video recordings, Course modules, and other resources, and information created by or on behalf of Irnerius that are available on the Site. We may also provide users with access to content or information provided by third parties, including other Users, data from public and private third-party sources, and links to third-party platforms (“ Third-Party Content”).
  3. Accounts and Account Information. You will be required to create an account and pay all associated fees (“ Account”) to access certain Content and to purchase Services. To create an Account, you will have to provide your name, email address, a username, a password, a billing address, and if applicable, other information required for certain uses (“Account Information”). You must provide and maintain complete, current, and accurate Account Information at all times in order to use or access Services and certain Content. Users are responsible for maintaining the confidentiality of their Account Information and, accordingly, will be fully responsible for all activities that occur utilizing their Account Information. Users agree to immediately notify Irnerius of any unauthorized use of their Account Information or any other breach of security with respect to the Site, Content or Services of which they become aware. Irnerius may, at any time, revoke a User’s access to the Services and/or Content for any reason in its sole discretion, including, but not limited to, if Irnerius believes that the User is in breach of these TOU. Upon the termination or expiration of any Services, or any termination of these TOU, the User’s access to and use of such Services or Content will terminate effectively immediately.
  4. Service Fees. In order to participate in a Service, you must pay the fees required to register for that Service (“Fees”). Currently we only accept payment by credit card from major payment card networks. You must use valid payment information when purchasing any Service. If Irnerius does not receive payment from your card issuer, you agree to pay Irnerius all amounts due immediately upon demand, including any fees resulting from failure of your credit card issuer to process charges. If you dispute any charge to your credit card made by Irnerius, unless prohibited by law, you agree not to cancel, revoke, chargeback, or dispute any amounts previously charged to your credit card. If you do any of the foregoing and it is later determined that the charge was properly authorized pursuant to these TOU, you agree to pay all out-of-pocket fees and costs incurred by Irnerius as a result of the improper cancellation, revocation, chargeback, or dispute. Fees do not include, and you are responsible for, all sales, use, and other applicable taxes. You are also responsible for any third-party fees incurred by you in obtaining access to the Services (such as Internet service provider or airtime charges). Fees are subject to change upon notice. Such notice may be provided by an e-mail message to the User, or in the form of an announcement on the Site.
  5. Refund Policy. Because of the extensive time, effort and care that goes into creating the Content and Services, and delivering the Services, all fees paid are non-refundable.
  6. Ownership; Licenses.
    1. Content. The Site and its entire Content are owned by Irnerius, our licensors, or other providers of such material and are protected by foreign and U.S. intellectual property and proprietary rights laws.
    2. Limited License to Use the Content. Subject to your compliance with these TOU, Irnerius grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable, license to access the Content for your personal, non-commercial use. If you are an Other User, such as a college counselor, your use of the Content is limited to your own professional development activities or the provision of services to a User. ALL OTHER USES ARE EXPRESSLY PROHIBITED including, but not limited to the provision of services to an individual who is not a User. Any prohibited or unpermitted use of Site Content is a breach of these TOU and may violate copyright, trademark, and other laws.
    3. Marks: All names, logos, slogans, trademarks, and service marks, whether registered or unregistered (collectively “Marks”) that depict or relate to “Irnerius” on the Site; or otherwise appear on the Site in connection with the Services, are the intellectual property of Irnerius or its licensors. The appearance, layout, color scheme, and design of the Site are protected trade dress. You may not use any of our Marks or trade dress without our express written permission.
    4. User Feedback. In the event you provide Irnerius with any suggestions, comments, testimonials, or feedback regarding the Site, the Content, or the Services (“Feedback”) we will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as we see fit, without restriction or obligation of any kind to you.
    5. Third-Party Content. The Site may display Third-Party Content. In consideration for the convenience of Irnerius making Third-Party Content available or accessible to you, you acknowledge that we are not responsible for any such Third-Party Content and we make no representations as to the completeness or accuracy of any Third-Party Content. You also agree that Irnerius is not responsible or liable for any losses or damages you experience with any Third-Party Content you choose to rely upon, or third-party platforms you choose to use, and that you must contact the third party directly for any remedies that may be available to you.
  7. Copyright Infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Site, please provide notice to our Copyright Agent and include the following information (“Notice”):
    1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
    2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
    3. A description of where the material that you claim is infringing is located on a Site.
    4. Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address.
    5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

    By mail:
    Irnerius, LLC
    35 Macarthur Road
    Wellesley, MA 02482
    By email:
    help@irnerius.com

    YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON THE SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

  8. User Conduct. By accessing the Site, creating an Account, or utilizing the Services, you expressly agree to the following terms:
    1. Not to use the Site or Service for any purpose that is prohibited by these TOU. You are responsible for all activity connected to your Account regarding the Site or Services.
    2. Not to share your password with others or otherwise give another person access to your Account.
    3. Not to use, or attempt to use, the Site or Services to share any content or information that may be considered (i) libelous, obscene, offensive, harmful, abusive, threatening, scandalous, defamatory, invasive of another person’s privacy, or that Irnerius determines, in its sole discretion, to be otherwise unacceptable, undesirable, or objectionable; (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy; or (iii) holds Irnerius or its affiliates open to scorn or ridicule.
    4. Not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Irnerius, or otherwise attempt to mislead with respect to the identify of a User.
    5. Not to reproduce, redistribute, transmit, assign, sell, broadcast, lease, modify, adapt, create derivative works of, sublicense, or otherwise transfer any Content or Third-Party Content obtained through the Site or Services.
    6. Not to use the Site or Services to distribute or upload malware, including software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment.
    7. Not to attempt to damage or obtain unauthorized access to any system, server, computer, data, database, password or other information of ours or of any third party, related to the Site or Services.
    8. Not to break or circumvent our authentication or security measures, or otherwise test the vulnerability of our systems or networks; and that you are responsible for any third-party fees incurred by you in obtaining access to the Site and Services (such as Internet service provider or airtime charges).
  9. Agreement to Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY IT AFFECTS YOUR RIGHTS.
    1. Agreement to Arbitrate. Any dispute or claim between you and Irnerius, its agents, employees, directors, members, principals, successors, assigns, parents, subsidiaries, or affiliates (collectively for purposes of this section only, the “Company”) arising from or related in any way to: (i) these TOU and the agreements and policies referenced herein, and their interpretation or the breach, termination or validity thereof, and the relationship which result from them; (ii) your use of the Site; or (ii) any Services or products obtained from or through Irnerius (collectively “Covered Disputes”).
    2. Pre-Arbitration Notice. Before formally pursuing a Covered Dispute in arbitration, the party who intends to seek arbitration must first send to the other party a certified letter requesting arbitration and describing its claim. A notice to the Company shall be sent to: Dispute Resolution, Irnerius, LLC, [insert physical address] and a notice to you shall be sent to your email address or mailing address. The notice shall provide the noticing party’s: (a) mailing address and telephone number; (b) a description of the basis of the claim; and (c) a statement of specific relief sought. If you and the Company do not reach an agreement to resolve the claim within fourth five (45) days after the notice is received, an arbitration may commence by filing a demand for arbitration with the American Arbitration Association (“AAA”). See the AAA’s website (www.adr.org) or call the AAA (1-800-778-7878) for filing instructions.
    3. Arbitration Process. The arbitration shall be heard and decided by one (1) arbitrator, not a judge or a jury, and administered by the AAA under its Consumer Arbitration Rules and Consumer Due Process Protocol, which are available at the AAA’s website or by calling the AAA. The arbitrator shall be bound by the terms these TOU including this agreement to binding arbitration and the limitation of liability. The final award shall be issued within five (5) months of appointment of the arbitrator. You and the Company agree that any Covered Dispute involves interstate commerce and the arbitration proceeding is governed exclusively by the Federal Arbitration Act (“FAA”), not a state arbitration statute. Any dispute regarding the arbitrability of a claim shall be resolved by the arbitrator, not by a court. The judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This agreement to binding arbitration provision shall survive termination of these TOU.
    4. Cost of Arbitration. Payment of all filing, administration and arbitrator fees (collectively the “Costs”) will be governed by the AAA’s rules. Irnerius will reimburse to you those Costs in excess of $25 for claims totaling less than $20,000, unless the arbitrator determines the claims are frivolous or brought for improper purpose.
    5. Form of Arbitration Hearing. You may choose to have the arbitration hearing conducted by videoconference, telephone or by written submission. The place of arbitration shall be deemed to be Boston, Massachusetts. An in-person arbitration hearing may only take place if jointly requested all parties to take place at a mutually agreed upon location
    6. Prohibition of Class and Representative Actions and Non-Individual Relief. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. Neither you nor the Company may seek non-individualized relief that would affect other parties. If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If for any reason a claim proceeds in court rather than in arbitration you and the Company each waive any right to a jury trial. You and the Company both agree that either party may bring suit in a court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights.
  10. Reservation of Rights. We reserve the right, in our sole discretion, to (i) make changes to these TOU; (ii) make changes to the Site, Services, and Content; (iii) determine if you have violated these TOU; (iv) suspend or terminate your access to the Site and/or Services; and (v) take any other action we deem appropriate if we determine you have violated these TOU.
  11. General Terms.
    1. Geographic Restrictions. The Site and Services are intended for residents of the United States only. We do not offer Services outside of the United States, and we do not intend to collect information from non-United States residents. If you are not a United States resident, please do not create an Account or provide any personal information to Irnerius through the Site or otherwise.
    2. Compliance with Laws. By accessing or using the Site or Services, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Site or Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any Content to countries or persons prohibited under the export control laws of the United States. Irnerius makes no representation that the Content is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable.
    3. Legal Disclaimers. The Site is provided for the convenience of Users. You acknowledge and agree that the Third-Party Content may include public contributions, that there are inherent limitations to the accuracy or currency of such information, and that such information may be incomplete, may contain inaccuracies, or may be based on opinion. IRNERIUS DOES NOT ENDORSE ANY COLLEGES OR UNIVERSITIES, PROGRAMS, OR OTHER THIRD-PARTY OFFERINGS, NOR DOES IRNERIUS SCREEN THIRD-PARTY CONTENT FOR ACCURACY OR TRUSTWORTHINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, IRNERIUS AND ITS LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, SERVICES, AND OTHER CONTENT. IRNERIUS MAKES NO GUARANTEE AS TO SPECIFIC OUTCOMES INCLUDING, BUT NOT LIMITED TO: (i) ADMISSION TO A SPECIFIC COLLEGE OR UNIVERSITY, OR A PROGRAM THEREIN; (ii) THE TUITION OR FINANCIAL AID AWARD OF A SPECIFIC COLLEGE OR UNIVERSITY, OR (iii) YOUR EMPLOYMENT OR INCOME AFTER ATTENDING A SPECIFIC COLLEGE OR UNIVERSITY. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IRNERIUS DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND SERVICES. IRNERIUS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR DOWNLOADED MATERIAL OR DATA RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, IRNERIUS IS NOT RESPONSIBLE FOR THOSE COSTS.Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
    4. Limitation of Liability. UNDER NO CIRCUMSTANCES IS IRNERIUS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS AND LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE OR SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party products and services advertised on, or linked to the Site.Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
    5. Indemnity. You agree to defend, indemnify, and hold harmless Irnerius and our affiliates and our respective officers, directors, employees, consultants, agents and licensors from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your violation of any provision of these TOU, (ii) your violation of any applicable law in connection with your use of the Site or Services, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party in connection with your use of the Site or Services.
    6. Choice of Law. The TOU and any agreements and policies referenced herein, or the breach thereof, are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 9 above, you and Irnerius submit to the personal and exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.
    7. Waiver and Severability. Any failure by us to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect.
    8. Force Majeure. Under no circumstances shall Irnerius or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
    9. Entire Agreement. These TOU constitute the entire agreement between you and Irnerius with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
    10. Comments and Concerns. Any feedback, comments, requests for technical support, and other communications relating to the Site and Services should be directed to: help@irnerrius.com.
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