Terms of Service
The following terms and conditions govern all use of the Find the Right College website
(www.findtherightcollege.com) and all content, services
and products available at or through the website and the website's of its partners such as this one ("the Website"). The Website is operated
by Find the Right College ("Find the Right College"). The Website is offered subject to your acceptance
without modification of all of the terms and conditions contained herein and
all other operating rules, policies (including, without limitation, Find the Right College's
Privacy Policy) and procedures that may be published from time to time on this
Site by Find the Right College (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by
the terms and conditions of this agreement. If you do not agree to all the terms
and conditions of this agreement, then you may not access the Website or use
any services. If these terms and conditions are considered an offer by Find the Right College, acceptance is expressly limited to these terms. The Website is available
only to individuals who are at least 13 years old.
- Your Account and Profile. If you create an account
on the Website, you are responsible for maintaining the security of your account,
and you are fully responsible for all activities that occur under the account
and any other actions taken in connection with the account. Users may not create more than one account. You must not describe
or assign keywords to your account or forum posts in a misleading or unlawful
manner, including in a manner intended to trade on the name or reputation
of others, and Find the Right College may change or remove any description or keyword
that it considers inappropriate or unlawful, or otherwise likely to cause
Find the Right College liability. You must immediately notify Find the Right College of any unauthorized
uses of your account or any other breaches of security. Find the Right College will not
be liable for any acts or omissions by You, including any damages of any kind
incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you maintain a user profile, post material to the Website, post
links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material, "Content"),
You are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available
the Content, including but not limited to any software, or (ii) secured
from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through
to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive traffic
to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients
as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what
that means), hateful or racially or ethnically objectionable, and does
not violate the privacy or publicity rights of any third party;
- your content is not named, branded or conveyed in a manner that misleads
readers into thinking that you are another person or company. For example,
your user name is not the name of a person other than yourself or company
other than your own; and
- you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the materials,
whether requested to do so by Find the Right College or otherwise.
By submitting Content to Find the Right College and/or one of its partner sites, you grant Find the Right College a world-wide, royalty-free,
and non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting Find the Right College services. If you delete Content, Find the Right College will use reasonable efforts
to remove it from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Find the Right College has
the right (though not the obligation) to, in Find the Right College's sole discretion (i)
refuse or remove any content that, in Find the Right College's reasonable opinion, violates
any Find the Right College policy or is in any way harmful or objectionable, or (ii) terminate
or deny access to and use of the Website to any individual or entity for any
reason, in Find the Right College's sole discretion. Find the Right College will have no obligation
to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as
extra storage, domain purchases and hosting are available on through Find the Right College. By selecting a premium service you agree to pay Find the Right College the one-time, monthly,
or annual subscription fees required for that service. Payments will be charged
on the day you sign up for a premium service and will cover the use of that
service for a monthly or annual period as indicated. Premium service fees
are not refundable.
- Premium Services.
- Fees; Payment. By signing up for premium services offered
by Find the Right College you agree to pay Find the Right College the setup fees and monthly hosting
fees indicated by Find the Right College in exchange for the services offered by Find the Right College. Applicable fees will be invoiced starting from the day your premium
services are established and in advance of using such services. Find the Right College reserves the right to change the payment terms and fees upon thirty (30)
days prior written notice to you. Premium services can be canceled by you
at anytime on 30 days written notice to Find the Right College.
- Support. Premium services include access to priority
email support. "Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by Find the Right College to respond within one business day) concerning the use of the Premium
services. "Priority" means that support for Premium services customers takes
priority over support for users of the standard, free Find the Right College services.
All Premium services support will be provided in accordance with Find the Right College standard Premium services practices, procedures and policies.
- Responsibility of Website Visitors. Find the Right College has not
reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material's
content, use or effects. By operating the Website, Find the Right College does not represent
or imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes,
and other errors. The Website may also contain material that violates the
privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of
which is subject to additional terms and conditions, stated or unstated. Find the Right College disclaims any responsibility for any harm resulting from the use by visitors
of the Website, or from any downloading by those visitors of content there
posted.
- Content Posted on Other Websites. We have not reviewed,
and cannot review, all of the material, including computer software, made
available through the websites and webpages to which Find the Right College links, and
that link to Find the Right College. Find the Right College does not have any control over those non-Find the Right College websites and webpages, and is not responsible for their contents or their
use. By linking to a non-Find the Right College website or webpage, Find the Right College does not
represent or imply that it endorses such website or webpage. You are responsible
for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive
content. Find the Right College disclaims any responsibility for any harm resulting from
your use of non-Find the Right College websites and webpages.
- Copyright Infringement and DMCA Policy. As Find the Right College asks
others to respect its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located on or linked
to by Find the Right College violates your copyright, you are encouraged to notify Find the Right College in accordance with the Digital Millennium Copyright Act ("DMCA"). Find the Right College will respond to all such notices, including as required or appropriate
by removing the infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly infringes
the copyrights or other intellectual property rights of Find the Right College or others,
Find the Right College may, in its discretion, terminate or deny access to and use of
the Website. In the case of such termination, Find the Right College will have no obligation
to provide a refund of any amounts previously paid to Find the Right College.
- Intellectual Property. This Agreement does not transfer
from Find the Right College to you any Find the Right College or third party intellectual property,
and all right, title and interest in and to such property will remain (as
between the parties) solely with Find the Right College. Find the Right College and all other trademarks,
service marks, graphics and logos used in connection with Find the Right College, or the
Website are trademarks or registered trademarks of Find the Right College or Find the Right College's
licensors. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of
the Website grants you no right or license to reproduce or otherwise use any
Find the Right College or third-party trademarks.
- Changes. Find the Right College reserves the right, at its sole discretion,
to modify or replace any part of this Agreement. It is your responsibility
to check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. Find the Right College may also, in the future,
offer new services and/or features through the Website (including, the release
of new tools and resources). Such new features and/or services shall be subject
to the terms and conditions of this Agreement.
- Termination. Find the Right College may terminate your access to all
or any part of the Website at any time, with or without cause, with or without
notice, effective immediately. If you wish to terminate this Agreement or
your Find the Right College account (if you have one), you may simply discontinue using
the Website. Notwithstanding the foregoing, if you have a premium services
account, such account can only be terminated by Find the Right College if you materially
breach this Agreement and fail to cure such breach within thirty (30) days
from Find the Right College's notice to you thereof; provided that, Find the Right College can terminate
the Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is".
Find the Right College and its suppliers and licensors hereby disclaim all warranties
of any kind, express or implied, including, without limitation, the warranties
of merchantability, fitness for a particular purpose and non-infringement.
Neither Find the Right College nor its suppliers and licensors, makes any warranty that
the Website will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain
content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Find the Right College, or
its suppliers or licensors, be liable with respect to any subject matter of
this agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts
that exceed the fees paid by you to Find the Right College under this agreement during
the twelve (12) month period prior to the cause of action. Find the Right College shall
have no liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable
law.
- General Representation and Warranty. You represent and
warrant that (i) your use of the Website will be in strict accordance with
the Find the Right College Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding online
conduct and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will not infringe
or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless
Find the Right College, its contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and expenses,
including attorneys' fees, arising out of your use of the Website, including
but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement
between Find the Right College and you concerning the subject matter hereof, and they
may only be modified by a written amendment signed by an authorized executive
of Find the Right College, or by the posting by Find the Right College of a revised version. Except
to the extent applicable law, if any, provides otherwise, this Agreement,
any access to or use of the Website will be governed by the laws of the state
of Georgia, U.S.A., excluding its conflict of law provisions, and the proper
venue for any disputes arising out of or relating to any of the same will
be the state and federal courts located in Fulton County, Georgia. Except
for claims for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without the posting
of a bond), any dispute arising under this Agreement shall be finally settled
in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in Atlanta, Georgia, in
the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys' fees. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under this Agreement
to any party that consents to, and agrees to be bound by, its terms and conditions;
Find the Right College may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.