This Agreement for is made by and between FIRST CHOICE COLLEGE
PLACEMENT (PROVIDER) and ______________________(CONSUMER/VENDOR). These terms of service are effective
immediately upon your execution of the terms and your payment of the applicable
license fees. As used in the Terms,
“you”, “your’ or “user” all refer both: (a) to the person or entity whose
employees, contractors, agents, and representatives use the Service, and (b) to
the persons using the Service in any way.
RENEWAL
The foregoing agreement will renew automatically in its entirety
upon its anniversary unless cancellation is given by either party by written
notice sixty (60) days prior to the expiration of the same.
NON REFUNDABLE
The membership fee is non-refundable after
3 business days of submission of payment of the same to PROVIDER regardless of how
many reports are conducted by CONSUMER/VENDOR.
The contents licensed from PROVIDER including all text,
images, graphics, logos, links, button icons, software and other content
(collectively, "Content"), are protected under both United States
copyright, trademark and other laws. All Web Site Content is the property of PROVIDER,
its content suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content is the exclusive property of PROVIDER and
is also protected by
United
States
copyright laws. Unauthorized copying
or use of the Content may violate copyright, trademark, and other laws. You are
prohibited from using content in violation of any applicable foreign, domestic,
federal or state laws, rules or regulations or in a manner that that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others.
NO GUARANTEES
PROVIDER offers no guarantees as to the
number of scholarships for which a student may actually be awarded CONSUMER/VENDOR
should be aware that all scholarship award decisions are made by the individual
institutions.
SITE SECURITY RULES
You are prohibited from violating or attempting to violate
the security of PROVIDER, including, without limitation;
i)intercepting or accessing data
not intended for such user or logging into a server or account which the user
is not authorized to access,
ii)attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without prior express written authorization,
iii)attempting to interfere with
service to any user, host or network, including, without limitation, via means
of submitting a virus, overloading, "flooding", "denial of
service attacking", "spamming", "mailbombing" or
"crashing",
iv)sending unsolicited e-mail,
including promotions and/or advertising of products or services
SITE INTEGRITY RULES
Users may not violate or attempt to violate the security,
efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:
i)Accessing content, data, features or functionality on the Site for
which your password is not authorized or accessing or logging into a server or
account that you are not authorized to access.
ii)Deleting or revising any
Content (including, but not limited to, legal notices) posted by PROVIDER.
iii)Aggregating, copying or
duplicating in any manner or framing of or linking to any of the Content
available from the Site.
iv)Attempting to decipher,
decompile, disassemble or reverse engineer any of the software comprising or in
any way making up a part of the Site.
v)Taking any action that
imposes an unreasonable or disproportionately large load on the Site's
infrastructure.
vi)Attempting to probe, scan
or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization.
vii)Using or attempting to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from PROVIDER on this Site and other than generally available
third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer,
Firefox).
viii)Forging any TCP/IP packet
header or any part of the header information in any e-mail or posting.
ix)You shall not copy or
adapt the underlying HTML code that with respect to any portion of the Website
or the content appearing therein.
PROVIDER reserves the right to prosecute violations of
system or network security to the full extent of the law; including but not
limited to civil or criminal remedies, and to cooperate with law enforcement
authorities in prosecuting users who are involved in such violations.
CHILDREN UNDER THE AGE OF 13
This Service is not intended for children under the age of
13. PROVIDER will not knowingly register
or otherwise collect Personal Information from persons who identify themselves
as being under the age of 13 during the registration process, without the prior
consent of such child's parent or guardian. The safety and privacy of children
is of ultimate importance to us. We are committed to comply with the
requirements of all federal and state law, including the Children's Online
Privacy Protection Act of 1998 ("COPPA"). For more information about
COPPA, please visit the Federal Trade Commission's website.
INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Any violation of these Terms of Use may result in the
immediate denial of access to PROVIDER’s Services. PROVIDER respects the
intellectual property of others, and we request that our Users and content
partners to do the same. The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted works
constitutes infringement of the copyright owner's rights. As a condition to
your use of this Service, you agree not to use the Service to infringe the
privacy or intellectual property rights of others in any way. We may terminate
the accounts of any account holders, and block access to our Service, of those who
improperly access or use the Personal Information of others or infringe on the
copyrights or other intellectual property rights of others. We reserve the
right to take these actions at any time, in our sole discretion, with or
without notice, and without any liability to the account holder who is terminated
or to the user whose access is blocked. You are deemed to be responsible for
all actions taken by persons to whom you grant access to your account.
NO WARRANTIES
The Web Site Content may contain inaccuracies or
typographical errors. PROVIDER makes no representations about the accuracy,
reliability or completeness, of PROVIDERS Service or Content. The use of the PROVIDERS
Site and Content is at your own risk. Changes are periodically made to the PROVIDER
Sites to ensure accuracy of the information pervided. While we will endeavor to
make these changes at a time least likely to interfere with your use of the Web
Site, such changes may be made at any time. PROVIDER DOES NOT WARRANT THAT PROVIDER
SITE WILL OPERATE ERROR-FREE OR THAT PROVIDER SITE AND ITS SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF PROVIDER SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, PROVIDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE PROVIDER SITE AND WEB
SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES
IN NO EVENT SHALL PROVIDER, ITS AFFILIATED ENTITIES, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PROVIDER SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE PROVIDER SITE
AND THE WEB SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The aggregate liability for PROVIDER to you for all claims arising
from the use of the Web Site or any PROVIDER Site is limited to the sum of Five
and 00/100 Dollars ($5.00).
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or
obligations under these Terms of Use. You also agree not to make any
unauthorized commercial use of any PROVIDER Site, i.e. operating as a service
bureau to financial planners, college planners, CPAs, accountants, insurance
agents, advisors, school counselors.
INDEMNITY
You agree to defend, indemnify, and hold harmless PROVIDER,
its members, officers, directors, employees and agents, from and against any
claims, actions or demands, including, without limitation, reasonable legal and
accounting fees, arising from or resulting to your use of PROVIDER Site or your
breach of these Terms of Use. PROVIDER shall provide notice to you promptly of
any such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
GOVERNING LAW
This Agreement shall be governed by the internal laws of
the State of
Connecticut,
without giving effect to principles of conflict of laws. You hereby consent to
the exclusive jurisdiction and venue of the Superior Court sitting in
Fairfield
County, or the Federal Courts in the District
of Connecticut to resolve any disputes arising under this Agreement. In each
case this Agreement shall be construed and enforced without regard to the
United Nations Convention on the International Sale of Goods.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between PROVIDER
and CONSUMER/VENDOR with respect to your use of the Service and supersedes any
previous oral or written arrangements or understandings relating thereto.
WAIVER, ETC.
No waiver of any provision of these Terms of Service by PROVIDER
shall be effective unless in writing signed by an authorized representative of PROVIDER.
The waiver by PROVIDER of a breach or violation of any provision of these Terms
of Service shall not constitute a waiver by PROVIDER of any succeeding breach
of the same or other provision; nor shall any delay or omission on the part of PROVIDER
to exercise or avail itself of any right, power or privilege that it has or may
have hereunder operate as a waiver of any such right, power or privilege by PROVIDER.
Any provisions of this Agreement that may be invalid shall not affect the
validity of enforcement of the remaining valid terms of this Agreement.
