Effective Date: March 16, 2020
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
NOTE: THIS SITE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18. By using this site, you are confirming that you are above the age of 18.
- Site and Service Description. The Site provides a service that connects prospective higher education students with schools and educational service providers. Schools and educational service providers that participate in our service are not employees or agents of, or directly associated with, the Company. Furthermore, we offer no guarantee whatsoever that any information provided by this Site is accurate, complete, reliable, current, error-free, or appropriate. Site content is provided for informational purposes only. We assume no liability for inaccuracy or incompleteness of any information on the Site or in any communications from us.
- Trademark & Copyright. The trademarks, service marks, logos, and all Content (collectively, "Protected Content") used and displayed on this Site are registered and unregistered marks of the Company and others or are otherwise protected by copyright laws. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our prior, written permission. The Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below. The Site and the Content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video displayed on the Site may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Service, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without our express prior written consent. We reserve the right to terminate the License granted herein and deny you access to the Site in our sole discretion, without any advance notice or liability to you and liability if we believe your conduct fails to conform with these Terms of Service.
- General Prohibitions. You may not do any of the following:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site;
- Remove or obscure the copyright notice or other notices displayed in connection with the Content accessible through the Site;
- Interfere with or disrupt the Site, or servers and networks connected to the Site, or circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site;
- Modify the Site in any manner or form, or use modified versions thereof;
- Sell, assign, sublicense, or otherwise transfer any right in the Content accessible through the website,
- Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
- Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site infrastructure as we may determine in our sole discretion; or
- Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
- Advertisements and Links. The Site may display advertisements, offers, or other content that links to third-party websites that we do not control. Any outbound links are provided solely for your reference, and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website or other content. Note that advertisements and other information provided by third parties may not be wholly accurate, and the Company makes no representations whatsoever concerning such websites, or any products or services they may offer, and hereby disclaims any and all such representations. Any transactions or other dealings with third parties referenced on this Site, including payment and delivery of purchased items, are solely between yourself and them. We are not responsible or liable for (i) the availability or accuracy of such websites or advertisements; or (ii) the Content, products or services available from such sites. ANY VISITS TO WEBSITES THAT LINK TO OR ADVERTISE ON THIS SITE ARE AT YOUR OWN RISK.
- No Warranty. THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE SITE OR THE PERFORMANCE OF THE SERVICE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Limitation of Liability & Release. In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Service, including without limitation to losses incurred due to: (a) any advice, guidance, or other information provided by a participating school or educational service provider; (b) your reliance upon any information provided by this Site; (c) your business dealings with any third party advertisers or marketing affiliates that link to this site; and (d) any other damages or losses you may incur in connection with your use of the Service. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
The Company is not responsible for examining or evaluating the business practices, actions, omissions, or services of participating schools or educational service providers, or marketing affiliates whose offers are featured on this Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PARTICIPATING SCHOOL, EDUCATIONAL SERVICE PROVIDER, OR MARKETING AFFILIATE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Service, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a New Jersey resident, certain sections of these Terms of Service, including Sections 5, 6, and 7 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
- Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of Arizona, regardless of conflict of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Phoenix, AZ, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Maricopa County, AZ for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
- Waiver of Do-Not-Call Rights. Your submission of an information request form via our Site constitutes a waiver of any rights you may have under state or federal Do-Not-Call (DNC) Registry statutes, including (but not limited to) the Telephone Consumer Protection Act of 1991. You are agreeing to be contacted at the number you provided regardless of whether such number is listed on any state or federal DNC Registry, and regardless of whether it is a cellular phone or landline. Any proceedings to resolve or litigate any manner of claim you may bring against us, participating schools, educational service providers, or our affiliates or marketing partners will be conducted solely on an individual basis as set forth below.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Site. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by us applying Arizona law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
- Limitation of Actions. Any claim or cause of action arising out of your use of the Site or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
- Modification and Notice of Changes: The Company reserves the right to modify these Terms of Service at any time. If we elect to modify these Terms, we will post a notice informing users of the change on the Site. You are responsible for reviewing the modified Terms of Service and accessing this Site after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms, please discontinue use of the Site immediately. Unless specifically stated otherwise, any new features, products or services added to the Site shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.
- Entire Agreement. This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
- Severability. If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.