Welcome to College Admission Central.
Here are the terms and conditions that you must read and accept before becoming a client and using our subscriber/member materials, software, applications, databases, and services (hereafter, the “Resources.”)
1. Venue & Definitions
The Resources are operated in the United States of America and access to the Resources is governed by these Terms and Conditions under the laws of the State of New York and the United States. The Resources and services provided herein are primarily intended for high school students and their parents or guardians. When a minor uses the Resources, the parent or guardian of that minor will be held responsible for the minor’s actions.
All content within the Resources (hereafter “Content”) furnished to Subscribers is provided AS IS and for use only as a supplemental reference. We attempt to ensure that all Content is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content provided is complete, accurate, reliable or error-free.
Designated Content may be downloaded onto your computer or device only via provided download links. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Resources only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Resources or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Resources.
2. Rules of Conduct
You May Not:
A. Post, transmit, or display anything that is illegal, threatening, harmful, abusive or otherwise objectionable. For example, but not limited to, actions that are harassing, invasive of another’s privacy, degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, hateful or racially or ethnically objectionable.
B. Post, transmit, or display content which is protected by copyright or trademark or that does not belong to you and that you do not have authorization for use from the owner of the copyright or trademark, including but not limited to email messages and private messages.
C. Post, share, transmit, upload, or display content which contains personal, proprietary or confidential information that you do not have a right to transmit. For example, but not limited to, posting any photos of living individuals without their permission or posting anyone else’s sensitive financial information, home or work or school address, phone number, or email address without their consent.
D. Post or publish any information that you know is false or misleading. For example, but not limited to, impersonating any person or entity, or falsely misrepresenting your affiliation with any person or entity, or falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of College Admission Central or affiliated with the College Admission Central family of companies.
E. Post, transmit or make available advertising, promotional materials, junk mail, chain letters or any other form of solicitation.
F. Stalk or harass others. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language, or any other action that is hateful racially or ethnically, or is otherwise objectionable.
G. Reproduce, copy or sell any portion of College Admission Central or College Admission Central database contents, or systematically download contents and data of the College Admission Central database to make or populate another database or for any other purpose.
H. “Deep link” or frame, inline link or mirror any part of the College Admission Central website without College Admission Central’s written permission.
I. Interfere or attempt to interfere with the College Admission Central website. For example, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any College Admission Central-generated content or web pages, or to destroy the software, hardware or telecommunications equipment of another person.
J. Stalk or harass any College Admission Central employee. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language to any College Admission Central employee, or abusing College Admission Central resources, such as misusing an College Admission Central employee’s time.
K. Share your College Admission Central Subscriber password with any unauthorized person, or permit a child under the age of 13 to publish information or post content under your College Admission Central Subscription.
L. Use the Resources for any illegal activity, or provide material which promotes or teaches illegal activity.
This list is not exclusive. College Admission Central prohibits Subscribers or any other person from engaging in any activity that College Admission Central, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including to College Admission Central and its employees. Violation of, or acting inconsistently with, the letter or spirit of our rules may result, in appropriate consequences and at our sole discretion, suspension, cancellation or termination of the accounts of the offending user, and such violation may result in the forfeiture of any and all Subscription fees that the User has already paid. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that College Admission Central may pursue.
College Admission Central reserves the right to change these policies from time to time and the changes take effect when we post them on the Resources.
3. User Provided Content
Portions of the Resources (specifically CollegeJabber™) allow you and other Subscribers to contribute material to be displayed on the Resources or shared with other Subscribers (“User Provided Content”). For User Provided Content, College Admission Central is merely hosting and providing access as well as providing tools to post and share content. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that College Admission Central believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.
The decision to upload information to or share information on the Resources is your responsibility and you should only submit or share content that belongs to you and that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting content to any of the Resources, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Resources on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon our request you agree to furnish College Admission Central with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content on any of the Resources, you grant College Admission Central a perpetual, royalty-free, world-wide, transferable license to publish, display, host, sublicense, distribute, and otherwise use your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release College Admission Central from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Resources or the Services. College Admission Central may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant College Admission Central a license to the User Provided Content as described above and College Admission Central will own the digital version of documents created by College Admission Central as well as any indexed information that College Admission Central creates. Except for the rights granted in this Agreement, College Admission Central acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit on the Resources.
You acknowledge and agree that College Admission Central may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if College Admission Central believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Resources, the Subscribers, or the public.
4. Subscription Fee Terms, Fees and Payments
Terms You must be 18 years or older to subscribe to any of the Resources. You must provide College Admission Central with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be assigned a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on College Admission Central via your account, and you must keep your account password secure. Distribution of your password to others for access to College Admission Central is expressly prohibited. You will never be required to reveal your password to any representative or agent of College Admission Central, its owners or agents. You must immediately notify us at the contact link, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information
Cancellations and Refunds. College Admission Central provides its paid members with access to information products, courses, software, and services related to college application and acceptance. For any information product, course or software offered by College Admission Central, we offer a 30 day, no questions asked, money-back guarantee. If you’re unhappy for any reason, we’ll refund your money in full if you cancel anytime within 30 days of your purchase or enrollment. Please note that upon the cancellation date, your client privileges will terminate and you will no longer have legal access to the client materials or services. After the 30 day period, you may still cancel but no refund of any amount or kind will be given. In the case where software or course tuition is paid on an installment basis (monthly or otherwise), no refund of any installment(s) paid will be given unless the cancellation or unenrollment occurs within 30 days of the purchase or enrollment. Cancellations may be made by phone or email or postal mail via the contact link. Your cancellation must be received by end of business (5:00 p.m. Eastern Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Resources. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Resources for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.
5. Communications Between College Admission Central and You
6. Modifications to this Agreement
College Admission Central has the right, at its sole discretion, to modify this Agreement, as well as the Resources, at any time. Changes will be posted on the website and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Resources is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Resources or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
7. Liability Disclaimer
We make no express warranties or representations as to the quality and accuracy of the Content, the Resources or the Services, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Resources and the Services on an “as is” basis and do not accept responsibility for any use of or reliance on the Resources, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Resources, Content or Services. College Admission Central does not guarantee the adequacy of the Services or Resources or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Resources, the Services, their servers, or any emails which may be sent from College Admission Central are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Resources or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Resources and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement. We do not guarantee your acceptance to college, or warrant that you will receive any scholarships, awards, grants, or recognitions, or that you will gain admission to any summer program or be employed as a result of your Subscription.
You agree to defend, indemnify and hold harmless College Admission Central, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Resources and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Resources and Services.
College Admission Central may, from time to time, provide opportunities to Subscribers to purchase services from third parties. Resources of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. College Admission Central makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from College Admission Central.
8. Governing Law; Disputes
By using the Services or the Resources, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of New York, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Resources and the Services, and any dispute of any sort that might arise between you and College Admission Central.
If a dispute arises between you and College Admission Central, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact College Admission Central Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and College Admission Central agree that any dispute or claim relating to your use of the Services or the Resources will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and College Admission Central both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and College Admission Central each waive any right to a jury trial.
You and College Admission Central agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class Subscriber in any purported class, consolidated, or representative action. Further, unless both you and College Admission Central agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your College Admission Central Subscription(s).
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of College Admission Central, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Resources, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by College Admission Central.
10. Contact Us
If you have any questions or comments, or would like to discuss your Subscription with our Customer Support staff, please contact us.
Effective Date: January 1, 2018