CollegeNET, Inc. Terms of Service
Updated May 25, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE DESCRIBED HEREIN AND ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms of Service ("Terms") apply exclusively to your access to, and use of, the Websites of CollegeNET, Inc. ("CollegeNET"). The term "Websites" shall refer collectively to www.collegenet.com as well as the other websites that CollegeNET operates and that link to these Terms, including but not limited to:
These Terms do not change the terms or conditions of any other agreement you may have with CollegeNET, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using the Websites on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and CollegeNET for violations of these Terms.
Unless otherwise indicated, the Websites and all content and other materials on the Websites, including, without limitation, the CollegeNET logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of CollegeNET or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Websites and electronically copy (except where prohibited without a license) and print to hard copy portions of the Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Websites or the Materials therein; (b) the collection and use of any college, organizational, employer, or scholarship listings, pictures, descriptions, or other information; (c) the distribution, public performance, or public display of any Materials; (d) modifying or otherwise making any derivative uses of the Websites or the Materials or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Websites, the Materials, or any information contained therein, except as expressly permitted on a particular Website; or (g) any use of the Websites or the Materials other than for their intended purposes. Any use of the Websites or the Materials other than as specifically authorized herein, without the prior written permission of CollegeNET, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.3. Repeat Infringer Policy
CollegeNET respects the intellectual property of others, and CollegeNET expects users of the Websites to do the same. CollegeNET may, in appropriate circumstances and at its own discretion, limit access to the Websites and/or terminate the accounts of any users who infringe the intellectual property rights of others.4. Copyright Complaints
If you believe that any material on one of the Websites infringes upon any copyright that you own or control, or that any link on a Website directs users to another website that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with CollegeNET's Designated Agent as set forth below.
Designated Agent: Corporate Counsel
Address of Designated Agent: 805 SW Broadway/Suite 1600, Portland, OR 97205
Telephone Number of Designated Agent: 503-973-5200
Fax Number of Designated Agent: 503-973-5252
Email Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by CollegeNET or the alleged infringer as the result of CollegeNET relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
CollegeNET may give notice of a claim of copyright infringement to a user by means of a general notice on one or more Websites, electronic mail to a user's email address in CollegeNET's records, or by written communication sent by first class mail to a user's address in CollegeNET's records.5. Trademarks
CollegeNET, 25Live, ApplyCam, ApplyWeb, CertiFile, CollegeBot, Contribute.com, E-Sponse, Formzilla, GeoViews, Go to College Change the World, HumanForm, Intelligent Connections, It Pays to Think, Mach25, MedAdmit, Milestones, Netcounseling, Netcounselor, Powering Your Good Work, R25, Real-Time Benchmarking, Schedule25, Series25, StandOut, The Student is the Application, Triggers, UFE, Universal Forms Engine, USAcademy, USCAT, WebOptics, What•Do•You•Think?, X25, 优思, the CollegeNET logos, and any other product or service name or slogan contained in the Websites are trademarks of CollegeNET and/or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of CollegeNET or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "CollegeNET" or any other name, trademark, or product or service name of CollegeNET without CollegeNET's prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of CollegeNET and may not be copied, imitated, or used, in whole or in part, without CollegeNET's prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Websites are the property of their respective owners. Reference to any third party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by CollegeNET.6. Links
You are granted a limited, non-exclusive right to create a text hyperlink to the Websites, provided such link does not portray CollegeNET or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a CollegeNET logo or other proprietary CollegeNET graphic to link to the Websites without the express written permission of CollegeNET. Further, you may not use, frame, or utilize framing techniques to enclose any CollegeNET trademark, logo, or other proprietary information, including, without limitation, the images found at the Websites, the results of any scholarship search, the content of any text or the layout/design of any page, form, or content contained on a page on the Websites without CollegeNET's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CollegeNET or any third party.
CollegeNET makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party websites accessible by hyperlink from the Websites, or websites linking to the Websites. Such websites are not under the control of CollegeNET, and CollegeNET is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes, or updates to such websites. CollegeNET provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by CollegeNET of any website or any information contained therein. When you leave the Websites, you should be aware that CollegeNET's terms and policies, including, without limitation, CollegeNET's privacy and data security policies, no longer govern. You should review the applicable terms and policies, including privacy and data security, practices, of any website to which you navigate from the Websites.7. Third Party Content
CollegeNET may provide links to web pages and content of third parties ("Third Party Content") on the Websites, including, without limitation, to web pages and third parties for whom CollegeNET processes application, scholarship, donation, or other forms, as a service to those interested in such web pages and content. CollegeNET does not monitor or have any control over any Third Party Content or third party websites. CollegeNET does not endorse or adopt any Third Party Content and makes no representation, warranty, or guaranty as to its accuracy or completeness. CollegeNET undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.8. Advertisements and Promotions
CollegeNET may run advertisements and promotions from third parties on the Websites. Your participation in promotions of, or business dealings or correspondence with, advertisers other than CollegeNET, and any terms, conditions, warranties, or representations associated therewith, are solely between you and such third party. CollegeNET is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-CollegeNET advertisers on the Websites.9. Submissions
Except as otherwise expressly stated by CollegeNET, CollegeNET does not claim ownership of the materials you provide to CollegeNET (including, without limitation, questions, comments, statements, stories, suggestions, testimonials, ideas, plans, notes, drawings, photos, videos, original or creative materials) or post, upload, input, or submit to the Websites or in connection with StandOut®, USAcademy®, or the CollegeNET Scholarship Election System (collectively "Submissions"). However, by making any Submission, you grant CollegeNET and its successors, assigns, licensees, representatives, and agents, the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute, perform, and display such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, and to publish your name in connection with your Submission for any purpose that CollegeNET chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to you. CollegeNET is not obligated to use, publish, or disseminate any Submission you provide and may remove any Submissions posted on the Website (or elsewhere) at any time in CollegeNET's sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission to CollegeNET you warrant and represent that: (a) you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission; (b) the content of the Submission is accurate and not misleading; and (c) use and posting of the Submission by CollegeNET does not violate these Terms and does not and will not violate any rights of or cause injury to any person or entity.10. Forums & Other Interactive Services or Areas
Some or all of the Websites may include discussion forums, user-created pages, or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties may create, post or store content, messages, materials, or other items on one or more of the Websites ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Websites any of the following:
- Any Submission, message, data, information, text, music, sound, photos, video, graphics, code, or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; or
- Content that, in the sole judgment of CollegeNET, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Websites, or which may expose CollegeNET or its users to any harm or liability of any type.
CollegeNET takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is CollegeNET liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, CollegeNET is not liable for any statements, representations, or Content provided by its users in any public forum, user-created page, or other Interactive Area. Although CollegeNET has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Area, CollegeNET reserves the right, and has absolute discretion, to remove, screen, or edit any Content posted or stored on the Websites at any time and for any reason, without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Websites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Websites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Websites.11. Compliance with Law
In consideration of your use of the Websites, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Websites ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to CollegeNET, and keep all such information accurate, current, and complete.
Registration for some services offered through the Websites (such as the Scholarship Election System) requires you to submit a valid U.S. mobile telephone number capable of receiving text messages. For applicable services, CollegeNET will send text message information to your mobile telephone number for transactional and/or account purposes concerning such services, including, for example, to confirm your account registration for the Scholarship Election System and to confirm your identity when you vote. CollegeNET does not charge for these messages. However, your mobile device carrier's normal, messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the services that require submitting your mobile telephone number (such as the Scholarship Election System), you agree that CollegeNET may communicate with you regarding such services by SMS, text message, email, or other electronic means to your mobile device or email address.13. Indemnification
You agree to defend, indemnify, and hold harmless CollegeNET, its affiliates, independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store, or otherwise transmit on or through the Websites, or your use of or inability to use the Websites, including without limitation any actual or threatened suit, demand, or claim made against CollegeNET and/or its affiliates, independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the Submission and/or Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.14. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COLLEGENET, THE WEBSITES, THE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLLEGENET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE WEBSITES. COLLEGENET DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
COLLEGENET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE COLLEGENET ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITES AND THE SERVICES SAFE, COLLEGENET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
CollegeNET reserves the right to change any and all of the Materials and the Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CollegeNET.15. Limitation of Liability
IN NO EVENT WILL COLLEGENET, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM COLLEGENET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COLLEGENET'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COLLEGENET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF ANY WEBSITE EXCEED THE COMPENSATION YOU PAY, IF ANY, TO COLLEGENET FOR ACCESS TO OR USE OF THE APPLICABLE WEBSITE.16. Applicable Law and Venue
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.17. Termination
Notwithstanding any of these Terms, CollegeNET reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website.18. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.19. Notice to California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.20. Questions and Contact Information
Questions or comments about the Websites may be directed to CollegeNET at:CollegeNET, Inc.
805 SW Broadway, Suite 1600
Portland, OR 97205