TERMS OF SERVICE
The following Terms of Service (“Terms”) explain how you may access and use our mobile application (“App”) and our websites: https://pulsesurvey.com, https://dartmouthpulse.com, https://collegepulse.com, and all other domains and subdomains related to the company , as well as any other of our services that are available through our App or our site (collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By clicking the ‘Accept’ box or by accessing or using the Services, you agree to be bound by these Terms. If you are enrolling on behalf of a Poll Creator that is an organization, by accepting these Terms you are doing so on behalf of such organization and are representing that you have the authority to do so. In such event, references to ‘you’ and ‘your’ herein shall be to the organization.
- Your Content
(c) Security. College Pulse will store and process your Content in a manner consistent with industry security standards. College Pulse has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. By agreeing to these Terms, you acknowledge that you have reviewed our Security Policy and agree to its terms.
(d) User Content. The Services display content provided by others that is not owned by College Pulse. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. College Pulse is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
(e) Content Review. You acknowledge that, in order to ensure compliance with legal obligations, College Pulse may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, College Pulse otherwise has no obligation to monitor or review any content submitted to the Services.
(f) Third Party Resources. College Pulse may publish links in its Services to internet websites maintained by third parties. College Pulse does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
- College Pulse IP
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as expressly permitted by College Pulse’s in a separate agreement with you, these Terms do not grant you any right to use College Pulse’s trademarks or other brand elements.
- Account Management
(a) Password Security. If you have been issued an account by College Pulse in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access and login to that account. You, and not College Pulse, are responsible for any activity occurring in your account (other than activity that College Pulse is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify College Pulse immediately. Accounts may not be shared and may only be used by one individual per account.
(b) Keep Your Details Accurate. College Pulse occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
(c) Account Inactivity. College Pulse may terminate your account and delete any content contained in it if there is no account activity (such as a login event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
- Poll Creators
Only if you are creating a survey, the following additional terms and conditions apply to you and are included within the “Terms”.
(a) Fees for Services. You agree to pay to College Pulse all fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service at the time of purchase. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
(b) Subscriptions. From time to time College Pulse may offer a subscription for some of its Services (“Subscription”). If we do and you purchase a Subscription, the terms of payment will include such terms as payment in advance on a recurring, periodic basis and auto-renew. The Subscription terms will be explained to you at the time of your enrollment in a Subscription.
(c) Price Changes. College Pulse may change the fees charged for the Services at any time, provided that, for Services billed on a Subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. College Pulse will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
(d) Taxes. Unless otherwise stated, you are responsible for any taxes (other than College Pulse’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay College Pulse for the Services without any reduction for Taxes. If College Pulse is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide College Pulse with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
(e) Your Failure to Pay. You are responsible to pay for all Services you Purchase and College Pulse shall have all remedies available at law to pursue collection against you in the event you fail to pay in accordance with these Terms. Included among those remedies, and always subject to applicable laws, College Pulse reserves the right to suspend or terminate your Service, which may result in a loss of your data associated with that Service.
(f) Customer Lists. College Pulse may identify you (by name and logo) as a College Pulse customer on College Pulse’s website and on other promotional materials.
- Copyright Claims (DCMA Notices).
College Pulse Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify College Pulse’s customer service agent for claims of copyright infringement. College Pulse further respects the intellectual property rights of others, and we expect our users to do the same. If you believe a College Pulse user is infringing upon your intellectual property rights, you may report it to our agent. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
- User Requirements
(a) Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with College Pulse. None of the Services for Poll Takers are intended for use by individuals unless they are enrolled as students at or otherwise affiliated with one of our operating universities. If you are not affiliated, you may not use the Services. If you are a Poll Creator, you do not necessarily need to be affiliated with an operating university to create a survey.
- Acceptable Uses
(a) Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law and in accordance with the Terms.
(b) Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services: (i) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes; (ii) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide; (iii) You may not circumvent or attempt to circumvent any limitations that College Pulse imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation); (iv) Unless authorized by College Pulse in writing, you may not probe, scan, or test the vulnerability of any College Pulse system or network; (v) Unless authorized by College Pulse in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available; (vi) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so; (vii) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services; (viii) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. College Pulse will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to College Pulse; (ix) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity; (x) Unless authorized by College Pulse in writing, you may not resell or lease the Services; (xi) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless College Pulse has agreed with you otherwise. You may not use the Services in a way that would subject College Pulse to those industry-specific regulations without obtaining College Pulse’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with College Pulse that permits you to do so.
- Suspension and Termination of Services
College Pulse may, in its sole discretion, limit, suspend and/or terminate, your use and access to the Services and/or Site, at any time and from time to time, with or without notice, for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 10 days (or such shorter time period deemed appropriate by College Pulse under the circumstances, including no notice) after College Pulse has so notified you in writing; or (b) if you are a Poll Creator and you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days, or you fail to pay fees for 30 days past the due date. Additionally, College Pulse may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. College Pulse may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive and you are a Poll Creator, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where College Pulse may decide that we need to take immediate action without notice. College Pulse will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. College Pulse has no obligation to retain your Content upon termination of the applicable Service.
- Further Measures.
If College Pulse stops providing the Services to you because you repeatedly or egregiously breach these Terms, College Pulse may take measures to prevent the further use of the Services by you, including blocking your IP address.
- Changes and Updates
(b) Changes to Services. College Pulse constantly changes and improves the Services. College Pulse may add, alter, or remove functionality from a Service at any time without prior notice. College Pulse may also limit, suspend, or discontinue a Service at its discretion. If College Pulse discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. College Pulse may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
- Disclaimers and Limitations of Liability
(a) Disclaimers. While it is in College Pulse’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND COLLEGE PULSE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
(b) Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COLLEGE PULSE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF College Pulse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(c) Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF COLLEGE PULSE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO COLLEGE PULSE FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.
(d) Poll Takers. We acknowledge that the laws of certain jurisdictions provide legal rights to Poll Takers as consumers that may not be overridden by contract or waived by those consumers. If you are such a Poll Taker consumer, nothing in these Terms limits any of those consumer rights.
(e) Businesses. If you are Poll Creator, you agree to indemnify and hold harmless College Pulse and its affiliates, principals, officers, agents and employees from all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your Poll Takers’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your Poll Takers.
- Other Terms
(a) Contracting Entity. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, College Pulse LLC, a Delaware limited liability company. References to “College Pulse”, “we”, “us”, and “our” are references to College Pulse LLC.
(b) Assignment. You may not assign these Terms without College Pulse’s prior written consent, which may be withheld in College Pulse’s sole discretion. College Pulse may assign these Terms at any time without notice to you.
(d) Independent Contractors. The relationship between you and College Pulse is that of independent contractors, and not legal partners, employees, or agents of each other. Neither of us has the right to legally bind the other.
(e) Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
(f) No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
(g) Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
(h) Governing Law. These Terms are governed by the laws of the State of Delaware (without regard to its conflict of laws provisions).
(i) Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state and federal courts located in the State of New Hampshire with respect to the subject matter hereof.
(j) Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
(k) Survival. The following sections will survive the termination of these Terms: 1, 2, 4, 8, 11 and 12.
Last Updated: July 19, 2019
Main Privacy Points
- Data disclosure: When a poll has been completed, you will be given the option to download the data. College Pulse may publicly disclose and share the data, unless other arrangements are made by you with College Pulse in advance and in writing. When a poll is active, you, along with the Poll Takers, will have the ability to see the live results of the poll in the “Analyze” section of the Site and mobile application. College Pulse may also use your data to cross-reference between polls. Poll Creators are prohibited from publicizing data containing personal identifying information (i.e., demographics) of Poll Takers, unless the number of people who match any published demographic exceeds ten.
- Poll data is stored on servers located in the United States. College Pulse will process your data on your behalf.
- We hold your data securely. College Pulse will store and process your Content in a manner consistent with industry security standards. For more information, please review our Security Policy
- Your responses are confidential: Your email address will never be displayed publicly or privately in connection with your poll responses. Personal identifying information (i.e., demographics) will only be shared with fellow Poll Takers in the “Analyze Section” if the number of people who match the selected demographic exceeds five. This is to protect you from having your responses being attributed to you personally based on your demographic information. Personal identifying information may be collected and shared if you expressly give consent within a poll.
- Polls are administered by Poll Creators. We host the polls on our website and mobile application and collect the responses that you submit. The identity, or organization of the Poll Creator will be displayed publicly. Should you have any questions or concerns about the poll, you may contact the Poll Creator directly. College Pulse is not responsible for the content of any poll or your responses to it. The Poll Creator is usually the same person that invited you to take the poll.
- Data disclosure: College Pulse may publicly disclose and share poll data. When a poll is active, you, along with the student body, will have the ability to see the live results to the poll in the “Analyze” section of the Site and App. College Pulse may also use your data to cross-reference between polls.
Information Collection and Use
What type of information we collect?
Poll data: We store your poll data (questions and responses) for you.
Basic Account Information: When you create or reconfigure an account, you provide some personal information, including your email address, name, company, title, and role. For Poll Takers, you provide your email address, netID, personal demographic information, but we do not require you to provide your name.
Billing information: If you make a payment to College Pulse, we require you to provide your billing details, such as a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder.
Social Media Sites: You can like us on Facebook and promote us on other social media sites. We collect information about who has liked us or followed us. However, we don’t associate your social media account with your College Pulse account. You may also share results through Facebook, Twitter, Instagram, and other social media accounts.
Usage data: We collect usage data about you whenever you interact with our services. This may include which webpages you visit, rewards you claim, email notifications, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, operating system versions, and timestamps.
Device data: We collect data from the device and application you use to access our services, such as your IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address.
Other data you intentionally share: We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial.
Geolocation Data: We ask you to share your location information from your mobile device and/or computer. If you choose not to, the Services will not function. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. Location information is used to make relevant polls available to you and to study the effect of poll location data on responses. You can revoke your consent by changing the settings or preferences on your device and/or computer or by deleting College Pulse from your device. If you do not want College Pulse to use location information from your computer, you should also clear your browser history (where location information is stored).
Cookies: Cookies are small data file identifiers that are transferred to your computer that allow us to recognize your browser and transfer information about you and your use of our Services. For example, cookies that we use tell us how many times you have visited one of our Sites. We use “persistent” cookies to save your login information for future logins to the Services. We also use “session ID” cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing on the Services. Unlike persistent cookies, session ID cookies are deleted from your computer when you log off from a Service and close your browser. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from our Sites. If you do not accept cookies, you may not be able to use all portions of the Services or all functionality of the Services.
How do we use this information?
In general, we use the information we collect from and about you to provide and operate the Services, respond to your requests, and to provide customer service and technical support. We may also use information:
- To cross-reference data between polls with the goal of providing college campuses a comprehensive understanding of the student body.
- To tailor the polls that we may send or display to you, offer location customization, and send you push notifications and alerts.
- To allow the Poll Creator to contact the Poll Taker for informational purposes. We will only do this if the Poll Taker has consented with a poll to be contacted by the Poll Creator. For example, during a poll about Campus Sustainability, we will ask if you would like to give your name in order to get involved or receive information about campus groups related to the topic. We will send the Poll Creator a list containing the emails of all of the students who agreed to give their name. This information will not be distributed in the CSV data to the Poll Creator so as to not link your name with the rest of your responses.
- To contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You can’t opt out of these communications since they are required to provide our Services to you.
- To personalize and customize your experiences while using our Services, for example, by giving you better rewards and removing rewards you do not like.
- To send you notifications, both via smartphone and email.
- To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes.
- To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
- To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies.
- To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
What Choices Do I Have?
- You can always opt not to disclose information. However, if you elect to do so, we will likely be limited in responding to your inquiry or providing services to you.
- You can opt-out of receiving marketing messages from College Pulse or our Affiliates by unsubscribing through the unsubscribe or opt-out link in an email, or by sending an email to [email protected] We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages.
We may disclose:
- Your information if there’s a change in business ownership or structure. If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between College Pulse entities, you expressly consent to College Pulse transferring your information to the new owner or successor entity so that they can continue providing our services. If required, College Pulse will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
- Your information if required or permitted by law. We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.
- Your information to Third Party Tools. We may use automated devices and applications, included those offered by third parties to evaluate usage of our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. The information collected may include unique device identifiers, device manufacturer and operating system, IP address, browser type, session start/stop time, poll data, and user activity. To learn how Google Analytics uses your data from the Sites and how to opt out of collection of your information by Google Analytics via the Sites please visit http://www.google.com/analytics/learn/privacy.html and https://tools.google.com/dlpage/gaoptout. To learn how Tableau keeps data secure, please visit http://www.tableau.com/privacy.
Last updated: September 21, 2017
College administrations and students have entrusted College Pulse with their survey data, and we make our users’ security and privacy concerns our utmost priority. College Pulse uses state of the art security technologies to achieve this goal.
Authentication: College Pulse relies on the student providing their college email address or in some cases, SAML for authentication. SAML is the system trusted by universities and other large organizations across the country.
Data Residency: All College Pulse data is stored on servers located in the United States.
Physical Security All College Pulse information systems and infrastructure are hosted in Mongo Lab data centers. These data centers include all the necessary physical security controls, including 24×7 monitoring, cameras, visitor logs, and entry requirements.
Software Development Practices Stack: We code in React JS and Node.js and run on Unix. Coding Practices: College Pulse developers use best practices and industry-standard secure coding guidelines. Deployment: We are consistently deploying improvements and updates, and can respond promptly to any bugs or vulnerabilities.
Handling of Security Breaches No method of transmission over the Internet and no method of electronic storage is perfectly secure. College Pulse cannot guarantee absolute security. However, if we learn of a security breach, we will immediately use reasonable efforts to notify affected users so that they can take protective steps. Our breach notification procedures are consistent with our obligations under various state and federal laws and regulation, as well as any industry rules or standards that we adhere to. Notification procedures include providing email notices or posting a notice on our website if a breach occurs.
Your Responsibilities Keeping your data secure also depends on you ensuring that you maintain the security of your account by using sufficiently complicated passwords and storing them safely. You should also ensure that you have sufficient security on your own systems, to keep any survey data you download to your own computer away from prying eyes. We offer TLS to secure the transmission of survey responses, but it is your responsibility to ensure that your surveys are configured to use that feature where appropriate.
These Referral Program Rules (“Program Rules”) govern your participation in the College Pulse Referral Program.
The College Pulse Referral Program (“Referral Program”) is offered by College Pulse, Inc. and its affiliates (together referred to as “College Pulse”) and provides Users who are interested in referring their friends (“Referrers”) the opportunity to refer eligible individuals to join the College Pulse community as new users. When you refer someone to College Pulse and they take a, you’ll each 250 Pulse Point. You can use these points to buy reward offerings in the Pulse Reward Store. The Reward Criteria are set by College Pulse in its sole discretion and are subject to change at any time. These Program Rules apply to both referrers and referred Users, so please read carefully to understand your respective rights and obligations.
To be eligible to participate in the Referral Program as a referrer or referee, you must (a) be a legal resident of your country; (b) be the age of majority in your territory of residence; (c) maintain a College Pulse account in good standing; (d) be a current student at an Accredited Postsecondary Institution or Programs by the US Department of Education; (e) must have never previously created a College Pulse account. If you violate the Referral Program Rules or any applicable Terms of Service, College Pulse may suspend or terminate your ability to participate in the Referral Program.
How to Refer New Users
You may invite eligible individuals to become new Users by distributing your College Pulse Code directly and instructing them to manually input your College Pulse Code into the College Pulse App. A new User will not be able to apply your College Pulse Code if (i) they’ve already applied another User’s College Pulse Code or a different promotion code, (ii) they’ve already received College Pulse credit from College Pulse or another source on their User account prior to entry of your College Pulse Code, or (iii) they take a College Pulse survey prior to entering your College Pulse Code in their Account. If a User does not enter your College Pulse Code you will not receive attribution for the referral and they will not be considered your Referred User.
In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that:
No spamming. You agree that you will not “spam” anyone with invitations to join the College Pulse community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
- Mass emailing, texting or messaging people you do not personally know;
- Giving your Referral Link to others to solicit referrals on your behalf.
- Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;
- Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and
- Posting referral codes on event or venue pages without express permission from the owner.
No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
- Impersonate any person or entity
- Create fake accounts, blogs, webpages, profiles, websites, links or messages
- Misrepresent your relationship with College Pulse or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from College Pulse.)
- Suggest that an affiliation or partnership exists with a third party where none exists
- Don’t make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards. You acknowledge that College Pulse may change the characteristics or qualification requirements for referral rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of College Pulse credit, expiration date).
Prohibited content. You agree that you will not use the College Pulse brand in connection with:
- Disparaging or defamatory content concerning College Pulse or third parties;
- Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
- Offensive, abusive, intimidating or harassing content
- Content that is sexually explicit, obscene and/or contains nudity
- Any political and/or religious statement;
- Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
- Content that violates someone else’s privacy
Other restrictions. You also agree that you will not:
- Specify the monetary amount of the referral code unless authorized by College Pulse in writing;
- Create websites, domains, URLs, social media handles or email addresses containing the word “College Pulse”;
- Use images of celebrities or other public or private figures without their written consent
- Give your Referral Link to others to solicit referrals on your behalf.
- Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
- Engage in phishing or attempting to obtain financial or other personal information
- Solicit passwords or personally identifiable information
- Sell your Referral Code. You agree that you will only distribute your College Pulse Code free of charge only for promotional purposes. You may not sell, trade, or barter your College Pulse Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by College Pulse.
- Violate or infringe the rights of a third party. You will not create any College Pulse Code that infringes on the intellectual property rights of any third party. You will adhere to the License terms in any use of the College Pulse Marks.
- Advertise. You agree that you will not pay to advertise your College Pulse Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
- Create printed materials other than those authorized by College Pulse (including but not limited to: VistaPrint)
- Post printed materials on public or private property without the express written consent.
- Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) College Pulse, the terms of the College Pulse Referral Program, or any invited users.
If you violate any of these restrictions College Pulse may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.