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Terms of ServiceTo further protect end users and their information, all users are required to review and agree to these Terms of Service ("Terms of Service").1. OVERVIEWYour ("you," "your," or "yourself") access to and use of services ("Services"); website ("Website"); and software ("Software") by The Student College, LLC. ("us," "we," or "our") are governed by these Terms of Service. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES, SOFTWARE, WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON OUR WEBSITE. YOUR USE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY US FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE INDICATES YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.2. RESTRICTIONS OF USEYou agree you shall not perform any of the following activities:
  • Register for an account on behalf of an individual other than yourself or any entity for which you are not authorized;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or affiliation with any person or entity;
  • Share passwords or access with any other individual;
  • Use or attempt to use another's account, service or system without authorization from us;
  • Attempt to gain access to any services or capabilities of the software you were not explicitly authorized to access;
  • Access, tamper with, or use nonpublic areas of the Software, Website or computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution;
  • Attempt to hack, take down, or impair any portion of the Software or Website or otherwise interfere with its operation;
  • Use automated scripts or technology to interact with the Software or Website;
  • Upload, post, transmit, share, email, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Upload, post, transmit, share, email, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Software or Website, or which may expose us or you to any harm or liability of any type;
  • Modify, improve, translate, adapt, decompile, debug, disassemble, decrypt, extract, replicate or reverse engineer the Software or Website;
  • Remove or alter any proprietary notices or marks on the Software or Website or its output;
  • Violate the Confidentiality section of these Terms of Service;
  • Intimidate or harass another;
  • Upload, post, transmit, share, email, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, transmit, share, email, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, transmit, share, email, store or otherwise make publicly available via the Software or Website any private information of any third party, including but not limited to: addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Harvest or collect email addresses or other contact information of others;
  • Upload, post, transmit, share, email, store or otherwise make available 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;
  • Only use the Software and Website in a manner that is lawful and in compliance with all Local, State, Federal or International laws and regulations. It shall be your sole responsibility to ensure that the use of the Software and Website is in such compliance. We make no warranty as to whether use of the Software or Website is lawful or may expose you to any liability.
3. OWNERSHIPWe are the sole owner of the Services, Software and Website and nothing in these Terms of Service shall change such ownership rights. These Terms of Service do not convey onto you any ownership, interest in or title to the Services, Software or Website but only a limited right of use that is revocable by us at any time in our sole discretion.4. TERMYou may access the Services, Software and Website until your right has been revoked which may occur at anytime with or without notice by us.5. SECURITYWe take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of data, including electronic, and managerial procedures. However, we cannot guarantee the security of such information if the exchanges include networks, servers, hardware, or software that are not owned by us. To help minimize any risk, we employ Secure Sockets Layer (SSL) software to encrypt transaction-related information when conducting transactions involving personal data.6. THIRD PARTY CONTENT AND MONITORINGAny opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Services, Software or Website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this website by anyone other than our authorized employees acting in their official capacities.7. PARENTAL CONTROL PROTECTIONSAs required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.8. LINKSOur Services, Software or Website may contain links to other we sites or resources. You acknowledge and agree that we not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on our site does not imply that we endorse the linked site.9. CONFIDENTIALITYIn using our Services, Software or Website you may encounter confidential information including, but not limited to, software designs, source code, executable code, object code, data structures, network diagrams, flow charts, procedures, documentation, drawings, specifications, data sheets, techniques, ideas, concepts, "know-how" or other information that we deem confidential ("Confidential Information"). You agree to: (i) protect our Confidential Information from unauthorized dissemination to the extent you protect your own confidential information; and, (ii) not disclose our Confidential Information to any other party without our prior written consent; You shall have no liability hereunder for information that is or has been: (i) Publicly available prior to disclosure by us; (ii) Rightfully received from a third party not under confidentiality obligation regarding such information; (iii) Independently developed by you prior to us as demonstrated by your written records; or (iv) Made publicly available by a third party without action or participation by you; You acknowledge that, because of the unique nature of the Confidential Information, we would suffer irreparable harm in the event you breach your obligation under these Terms of Service and that monetary damages would be inadequate to compensate us for such a breach. You agree that, in such circumstances, we shall be entitled, in addition to monetary relief, to injunctive relief as may be necessary to restrain any continuing or further breach by you without showing or proving any actual damages sustained by us.10. NO WARRANTYALTHOUGH WE ENDEAVOR TO PROVIDE RELIABLE SERVICES, SOFTWARE AND WEBSITE WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF THE SERVICES, SOFTWARE OR WEBSITE. WE DO NOT WARRANT THAT YOUR USE OR THE OPERATION OR FUNCTION OF, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE, WEBSITE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SERVICES, SOFTWARE OR WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SERVICES, SOFTWARE AND WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT IN CONNECTION WITH YOUR USE OF THE SERVICES, SOFTWARE AND WEBSITE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE SERVICES, SOFTWARE AND WEBSITE. THE SERVICES, SOFTWARE AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS, OR THE LIKE FOR ANY PARTICULAR PURPOSE.11. LIMITATION OF LIABILITYBecause providing services, computer software and website hosting is inherently complex and may not be completely error free, you acknowledge that we have no liability for the Services, Software or Website or related topics. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, SOFTWARE AND WEBSITE. THE DELAY OR INABILITY TO USE THE SERVICES, SOFTWARE AND WEBSITE, THE PROVISION OF OR FAILURE TO OPERATE, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, SOFTWARE OR WEBSITE OR WITH ANY OF THESE TERMS OF THESE TERMS OF SERVICE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, SOFTWARE AND WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES.12. INDEMNIFICATIONYou agree to indemnify and otherwise hold harmless us, our officers, owners, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, including reasonable attorney fees, arising out of, relating to, or resulting from the your use of the Services, Software or Website or any other matter relating to the Services, Software or Website.13. LIMITATION OF RIGHTSYou agree, either directly or indirectly through a third party, not to disparage, harass, threaten, demand, sue, or otherwise bring claim against us, our officers, owners, employees, agents, or subsidiaries for any cause, either direct or indirect, foreseen or unforeseen.14. FORCE MAJEUREWe shall be excused from performance under these Terms of Service if we are prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.15. SURVIVALThe following provisions shall survive any termination of these Terms of Use: OWNERSHIP, CONFIDENTIALITY, NO WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION, LIMITATION OF RIGHTS, and GENERAL.16. GENERALWe select, at our sole discretion, the jurisdiction for any and all legal actions associated with the Services, Software or Website or these Terms of Service. These Terms of Service is governed by the laws of a jurisdiction that we exclusively select. You agree not to malign or make statements that we deem, in our sole discretion, as negative under any circumstance, either publicly or privately. You agree to and accept all subsequent changes to these Terms of Service whether notified or not. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect. The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign these Terms of Service and any assignment of these Terms of Service by you will be null and void. Our names, logo, service marks, trademarks, or marks for which we have the right to use are our property, and you agree not to display or use these items in any manner without prior written permission from us.
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