FCCP_Terms_Conditions

First Choice College Placement LLC DBA CollegeTreasure.com

TERMS & CONDITIONS FOR USE OF THIS WEB SITE

1. ACCEPTANCE OF TERMS

This agreement ("Agreement") is between First Choice College Placement DBA CollegeTreasure.com and its affiliates (collectively, “FCCP”, "we" or "ours") and you ("you", "yours" or "visitor"). It governs your use of the web site owned and/or operated by us (the "Site"). By accessing and continuing to access the Site, you agree to be bound by this Agreement. This Agreement includes any guidelines or rules posted and updated on the Site from time to time. You understand that your right to use the Site is derived solely from, and is expressly limited by, this Agreement. You can review the most current version of this Agreement at any time here.

2. COPYRIGHT AND USE OF MATERIALS OR CONTENT

Copyright 2014 by the First Choice College Placement LLC, 75 New Haven Avenue, Milford . All rights reserved.

Copyright in the text, graphics or images (collectively, "Materials") contained in this web site is owned by FCCP. These Materials may be used, downloaded, reproduced or reprinted, provided that this copyright notice appears on all copies and provided that such use, download, reproduction or reprint is for noncommercial or personal use only. The Materials contained in the web site may not be modified in any way.

Some Materials (photographs, illustrations, artworks and other graphic materials) are reserved to FCCP and/or the copyright owners (licensors). Prior permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained from the copyright owner, regardless of intended use. Any use of "FCCP, its logo, or text or graphic materials contained in this web site in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by the FCCP is strictly prohibited.

3. DISCLAIMER OF WARRANTIES

Because of the number of possible sources of information available through this web site, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions and inaccuracies in such information. FCCP cannot and does not guarantee the accuracy, completeness, non-infringement or suitability of the information available through this web site, nor do we guarantee that this web site will be error-free and continuously available.

5. YOUR CONDUCT ON THE SITE 

In the event that FCCP permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials through the use of an online form, bulletin board or similar public space (collectively, "User Content") for display on the Site, you will be solely responsible for all such User Content. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and agree not to download, email or otherwise transmit such User Content in violation of such third party's rights, including intellectual property rights. By submitting User Content to FCCP , you automatically grant royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content.

You are expressly prohibited from placing on the Site in any User Content or any infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that FCCP is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site. FCCP reserves the right to terminate this Agreement in appropriate circumstances if you engage in any Prohibited Conduct, including infringement of the intellectual property rights of any third party.

You may not collect, solicit or store personal data of other users of the Site under any circumstances.

You may not, directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect FCCP , its donors, members, its clients or any user of the Site.

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

6. YOUR WARRANTIES

By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that your and your employees' and agents' use of the Site and any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.

7. YOUR RESPONSIBILITIES

You agree and acknowledge that you are solely responsible for inputting and retrieving data using the Site, and for the accuracy and adequacy of information and data furnished using the Site.

8. YOUR SUBMISSIONS

If you contact FCCP with feedback regarding the Site (e.g., questions, comments, suggestions or the like) (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and FCCP shall have no obligation of any kind with respect to the User Feedback.

In addition, you agree and acknowledge that FCCP shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, FCCP shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. FCCP shall not be liable or owe any compensation for the use or disclosure of the User Feedback.

9. LINKS

The Site may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by (or of) FCCP with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and FCCP is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon.

In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.

10. JURISDICTIONAL ISSUES

You are responsible for compliance with all local laws, if and to the extent your local laws are applicable.

11. INDEMNITY

You agree to defend, indemnify and hold FCCP , its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, judgment, award, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. FCCP shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.

12. INTELLECTUAL PROPERTY POLICY

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), if you believe that this Site or the Content infringes upon any intellectual property rights, you may give notice to FCCP's designated agent. The designated agent for notice of alleged copyright infringement in connection with the Site is:

James Maroney

Email: james@collegetreasure.com

First Choice College Placement LLC

75 New Haven Avenue

Milford, CT 06460

To file a notice of infringement with FCCP , the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.

13. MISCELLANEOUS

You understand and agree that FCCP may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that FCCP shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and FCCP with respect to the Site and governs your use of the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and FCCP and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement will be governed by the laws of the State of Washington, and the state and federal courts located in the State of Washington. The failure of FCCP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. FCCP may provide notice to you by email or regular mail of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.