NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
INTRODUCTION
Purpose.
The mission of CollegeTicket is to prepare high school students for the college
application process. To achieve our Mission, we make services available through
our website, mobile applications, and developer platform, to help you catalog your
accomplishments, record your experiences, develop your college application content,
develop ideas, learn, and make decisions about the best fit colleges for you.
Scope and Intent.
You agree that by registering on CollegeTicket, or by using the our website, including
our mobile applications, developer platform, premium services, or other information
provided as part of the CollegeTicket services (collectively "CollegeTicket" or
the "Services"), you are entering into a legally binding agreement with CollegeTicket,
LLC, 9968 Farmview Ct, Miamisburg, OH 45342 based on the terms of this CollegeTicket
User Agreement and the CollegeTicket
Privacy Policy , which is hereby incorporated by reference (collectively
referred to as the "Agreement") and become a CollegeTicket user ("User"). If you
are using CollegeTicket on behalf of a company or other legal entity, you are nevertheless
individually bound by this Agreement even if your company has a separate agreement
with us. If you do not want to register an account and become a CollegeTicket User,
do not conclude the Agreement, do NOT click "Join CollegeTicket" and do not access,
view, download or otherwise use any CollegeTicket webpage, information or services.
By clicking "Join CollegeTicket," you acknowledge that you have read and understood
the terms and conditions of this Agreement and that you agree to be bound by all
of its provisions. By clicking "Join CollegeTicket," you also consent to use electronic
signatures and acknowledge your click of the "Join CollegeTicket" button as one.
Please note that the CollegeTicket User Agreement and
Privacy Policy are also collectively referred to as CollegeTicket's "Terms
of Service."
YOUR OBLIGATIONS
Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from
time to time with or without advance notice, and the policies and processes explained
in the following sections:
License and warranty for your submissions to CollegeTicket
You own the information you provide CollegeTicket under this Agreement, and may
request its deletion at any time, unless you have shared information or content
with others and they have not deleted it, or it was copied or stored by other users.
Additionally, you grant CollegeTicket a nonexclusive, irrevocable, worldwide, perpetual,
unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us
to copy, prepare derivative works of, improve, distribute, publish, remove, retain,
add, process, analyze, use and commercialize, in any way now known or in the future
discovered, any information you provide, directly or indirectly to CollegeTicket,
including, but not limited to, any user generated content, ideas, concepts, techniques
or data to the services, you submit to CollegeTicket, without any further consent,
notice and/or compensation to you or to any third parties. Any information you submit
to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled
to submit the information and that the information is accurate and not in violation
of any contractual restrictions or other third party rights. It is your responsibility
to keep your CollegeTicket profile information accurate and updated.
Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent
and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted
from the Services, or not otherwise prohibited from having a CollegeTicket account,
(3) are not a competitor of CollegeTicket or are not using the Services for reasons
that are in competition with CollegeTicket; (4) have full power and authority to
enter into this Agreement and doing so will not violate any other agreement to which
you are a party; (5) will not violate any rights of CollegeTicket, including intellectual
property rights such as copyright or trademark rights; and (6) agree to provide
at your cost all equipment, software, and internet access necessary to use the Services.
Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others
to use your account; (3) refrain from using other Users' accounts; (4) refrain from
selling, trading, or otherwise transferring your CollegeTicket account to another
party; and (5) refrain from charging anyone for access to any portion of CollegeTicket,
or any information therein. Further, you are responsible for anything that happens
through your account until you close down your account or prove that your account
security was compromised due to no fault of your own. To close your account, please
visit your profile page and click the delete account link at the bottom of the page.
Indemnification.
You indemnify us and hold us harmless for all damages, losses and costs (including,
but not limited to, reasonable attorneys' fees and costs) related to all third party
claims, charges, and investigations, caused by (1) your failure to comply with this
Agreement, including, without limitation, your submission of content that violates
third party rights or applicable laws, (2) any content you submit to the Services,
and (3) any activity in which you engage on or through CollegeTicket.
Payment.
If you purchase any services that we offer for a fee, either on a one-time or subscription
basis ("Premium Services"), you agree to CollegeTicket storing your payment card
information. You also agree to pay the applicable fees for the Premium Services
(including, without limitation, periodic fees for premium accounts) as they become
due plus all related taxes, and to reimburse us for all collection costs and interest
for any overdue amounts. Your obligation to pay fees continues through the end of
the subscription period during which you cancel your subscription. You may cancel
your Premium Services by visiting your profile page and clicking the delete account
link at the bottom of the page. You also acknowledge that CollegeTicket's Premium
Services are subject to this Agreement and any additional terms related to the provision
of the Premium Service.
Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement
under any mandatory law, you agree to provide us with detailed and substantiated
explanation of your reasons in writing at least 30 days before you act contrary
to this Agreement, to allow us to assess whether we may, at our sole discretion,
provide an alternative remedy for the situation, though we are under no obligation
to do so.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, CollegeTicket
may place a banner notice across its pages to alert you to certain changes such
as modifications to this Agreement. Alternatively, notice may consist of an email
from CollegeTicket to an email address associated with your account, even if we
have other contact information. You also agree that CollegeTicket may communicate
with you through your CollegeTicket account or through other means including email,
mobile number, telephone, or delivery services including the postal service about
your CollegeTicket account or services associated with CollegeTicket. You acknowledge
and agree that we shall have no liability associated with or arising from your failure
to maintain accurate contact or other information, including, but not limited to,
your failure to receive critical information about the Service.
CollegeTicket Applications.
CollegeTicket may offer the Services through applications built using CollegeTicket's
platform ("CollegeTicket Applications"). Examples of CollegeTicket Applications
include its smart phone applications (CollegeTicket for iPhone, Android, or other
platform), and CollegeTicket's other interactive plugins distributed on websites
across the web. CollegeTicket Applications are distinct from third party Platform
Applications addressed in Section 4.B. If you use a CollegeTicket Application or
interact with a website that has deployed a plugin, you agree that information about
you and your use of the Services, including, but not limited to, your device, your
mobile carrier, your internet access provider, your physical location, and/or web
pages containing CollegeTicket plugins that load in your browser may be communicated
to us.
Further, by importing any of your CollegeTicket data through the CollegeTicket Application,
you represent that you have authority to share the transferred data with your mobile
carrier or other access provider. In the event you change or deactivate your mobile
account, you must promptly update your CollegeTicket account information to ensure
that your messages are not sent to the person that acquires your old number and
failure to do so is your responsibility. You acknowledge you are responsible for
all charges and necessary permissions related to accessing CollegeTicket through
your mobile access provider. Therefore, you should check with your provider to find
out if the Services are available and the terms for these services for your specific
mobile devices.
Finally, by using any downloadable application to enable your use of the Services,
you are explicitly confirming your acceptance of the terms of the End User License
Agreement associated with the application provided at download or installation,
or as may be updated from time to time.
User-to-User Communication and Sharing.
CollegeTicket offers various notes fields where you can post your observations and
comments on designated topics. For example, you may enter notes about a college
that you visited. CollegeTicket also enables sharing of information by allowing
these notes to appear in search results subject to your personal settings.
Please note that ideas you post and information you share may be seen and used by
other Users, and CollegeTicket cannot guarantee that other Users will not use the
ideas and information that you share on CollegeTicket. Therefore, if you have an
idea or information that you would like to keep confidential and/or don't want others
to use, or that is subject to third party rights that may be infringed by your sharing
it, do not post it to any CollegeTicket Group, into your Network Updates, or elsewhere
on CollegeTicket. COLLEGETICKET IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION
OF ANY CONTENT OR INFORMATION YOU POST IN ANY COLLEGETICKET COMMUNITY FORUMS SUCH
AS THE COLLEGETICKET BLOG, GROUPS OR ANSWERS.
Privacy.
You should carefully read our full
Privacy Policy before deciding to become a User as it is hereby incorporated
into this Agreement by reference, and governs our treatment of any information,
including personally identifiable information you submit to us. Please note that
certain information, statements, data, and content (such as photographs) which you
may submit to CollegeTicket, or groups you choose to join might, or are likely to,
reveal your gender, ethnic origin, nationality, age, and/or other personal information
about you. You acknowledge that your submission of any information, statements,
data, and content to us is voluntary on your part.
Export Control.
Your use of CollegeTicket services, including our software, is subject to export
and re-export control laws and regulations, including the Export Administration
Regulations ("EAR") maintained by the United States Department of Commerce and sanctions
programs maintained by the Treasury Department's Office of Foreign Assets Control.
You shall not — directly or indirectly — sell, export, re-export, transfer, divert,
or otherwise dispose of any software or service to any end-user without obtaining
the required authorizations from the appropriate government authorities. You also
warrant that you are not prohibited from receiving US origin products, including
services or software.
Contributions to CollegeTicket.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to CollegeTicket through its suggestion or feedback webpages, you acknowledge and
agree that: (a) your Contributions do not contain confidential or proprietary information;
(b) CollegeTicket is not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) CollegeTicket shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) CollegeTicket may have something similar
to the Contributions already under consideration or in development; (e) you irrevocably
assign to CollegeTicket all rights to your Contributions; and (f) you are not entitled
to any compensation or reimbursement of any kind from CollegeTicket under any circumstances.
YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement,
including, but not limited to, the Do's and Don'ts listed in Section 10, we grant
you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license
and right to access the Services, through a generally available web browser, mobile
device or application (but not through scraping, spidering, crawling or other technology
or software used to access data without the express written consent of CollegeTicket
or its Users), view information and use the Services that we provide on CollegeTicket
webpages and in accordance with this Agreement. Any other use of CollegeTicket contrary
to our mission and purpose (such as using information gathered from CollegeTicket
commercially unless expressly authorized by CollegeTicket) is strictly prohibited
and a violation of this Agreement. We reserve all rights not expressly granted in
this Agreement, including, without limitation, title, ownership, intellectual property
rights, and all other rights and interest in CollegeTicket and all related items,
including any and all copies made of the CollegeTicket website.
OUR RIGHTS AND OBLIGATIONS
Services Availability
For as long as CollegeTicket continues to offer the Services, CollegeTicket shall
provide and seek to update, improve and expand the Services. As a result, we allow
you to access CollegeTicket as it may exist and be available on any given day and
have no other obligations, except as expressly stated in this Agreement. We may
modify, replace, refuse access to, suspend or discontinue CollegeTicket, partially
or entirely, or change and modify prices for all or part of the Services for you
or for all our users in our sole discretion. All of these changes shall be effective
upon their posting on our site or by direct communication to you unless otherwise
noted. CollegeTicket further reserves the right to withhold, remove and or discard
any content available as part of your account, with or without notice if deemed
by CollegeTicket to be contrary to this Agreement. For avoidance of doubt, CollegeTicket
has no obligation to store, maintain or provide you a copy of any content that you
or other Users provide when using the Services.
Third Party Sites and Developers
CollegeTicket may include links to third party web sites ("Third Party Sites") on
www.college-ticket.com, portal.college-ticket.com, and elsewhere.CollegeTicket also
enables third party developers ("Platform Developers") to create applications ("Platform
Applications") that provide features and functionality using data and developer
tools made available by CollegeTicket through its developer platform.
You are responsible for evaluating whether you want to access or use a Third Party
Site or Platform Application. You should review any applicable terms and/or privacy
policy of a Third Party Site or Platform Application before using it or sharing
any information with it, because you may give the operator permission to use your
information in ways we would not.
CollegeTicket is not responsible for and does not endorse any features, content,
advertising, products or other materials on or available from Third Party Sites
or Platform Applications. CollegeTicket also does not screen, audit, or endorse
Platform Applications. Accordingly, if you decide to access Third Party Sites or
use Platform Applications, you do so at your own risk and agree that your use of
any Platform Application is on an "as-is" basis without any warranty as to the Platform
Developer's actions, and that this Agreement does not apply to your use of any Third
Party Site or Developer Application.
Please note: If you allow an Platform Application or Third Party Site to authenticate
to or connect with your CollegeTicket account, that application or website can access
information on CollegeTicket related to you and your data.
For additional information regarding Platform Developers and Platform Applications,
please refer to CollegeTicket's
Privacy Policy.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your
registration and any other information you provide if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary in our opinion to: (1) comply with legal process, including, but not limited
to, civil and criminal subpoenas, court orders or other compulsory disclosures;
(2) enforce this Agreement; (3) respond to claims of a violation of the rights of
third parties, whether or not the third party is a User, individual, or government
agency; (4) respond to customer service inquiries; or (5) protect the rights, property,
or personal safety of CollegeTicket, our Users, or the public.
Disclosures of User information to third parties other than those required to provide
customer support, administer this agreement, or comply with legal requirements are
addressed in the Privacy Policy.
Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. CollegeTicket
reserves the right, but has no obligation, to monitor disputes between you and other
members and to restrict, suspend, or close your account if CollegeTicket determines,
in our sole discretion, that doing so is necessary to enforce this Agreement.
DISCLAIMER. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY
TO YOU.
DO NOT RELY ON COLLEGETICKET, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE
THE PLATFORM FOR COLLEGETICKET AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND
"AS AVAILABLE" BASIS. COLLEGETICKET DOES NOT CONTROL OR VET USER GENERATED CONTENT
FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND
NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY COLLEGETICKET OR ANYTHING
RELATED TO COLLEGETICKET, YOU MAY CLOSE YOUR COLLEGETICKET ACCOUNT AND TERMINATE
THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION
SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
COLLEGETICKET IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR
THE DELIVERY OF ANY MESSAGES (SUCH AS RECOMMENDATION REQUESTS OR TRANSMISSION OF
ANY OTHER USER GENERATED CONTENT) SENT THROUGH COLLEGETICKET TO ANYONE. IN ADDITION,
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE
THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED
ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES
WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
COLLEGETICKET DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS
SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE
OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, COLLEGETICKET DISCLAIMS
ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
COLLEGETICKET DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT
INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES
MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. COLLEGETICKET
DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN
FUNCTIONING. FURTHERMORE, COLLEGETICKET DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING,
IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE COLLEGETICKET SITE DUE TO
INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO
THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS
WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither CollegeTicket nor any of our subsidiaries, affiliated companies, employees,
shareholders, or directors ("CollegeTicket Affiliates") shall be cumulatively liable
for (a) any damages in excess of five times the most recent monthly fee that you
paid for a Premium Service, if any, or US $100, whichever amount is greater, or
(b) any special, incidental, indirect, punitive or consequential damages or loss
of use, profit, revenue or data to you or any third person arising from your use
of the Service, any platform applications or any of the content or other materials
on, accessed through or downloaded from CollegeTicket. This limitation of liability
is part of the basis of the bargain between the parties and without it the terms
and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or
any other legal theory, (2) we knew or should have known about the possibility of
such damages, or (3) the limited remedies provided in this section fail of their
essential purpose; and
Not apply to any damage that CollegeTicket may cause you intentionally or knowingly
in violation of this Agreement or applicable law, or as otherwise mandated by applicable
law that cannot be disclaimed from in this Agreement
Not apply if you have entered into a separate agreement to purchase Premium Services
with a separate Limitation of Liability provision that supersedes this section in
relation to those Premium Services.
TERMINATION.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, by clicking
the delete account link at the bottom of your profile page. This notice will be
effective upon CollegeTicket processing your notice. CollegeTicket may terminate
the Agreement and your account for any reason or no reason, at any time, with or
without notice. This cancellation shall be effective immediately or as may be specified
in the notice. For avoidance of doubt, only CollegeTicket or the party paying for
the services may terminate your access to any Premium Services. Termination of your
CollegeTicket account includes disabling your access to CollegeTicket and may also
bar you from any future use of CollegeTicket.
Misuse of the Services.
CollegeTicket may restrict, suspend or terminate the account of any User who abuses
or misuses the Services. Misuse of the Services includes abusing the CollegeTicket
messaging services; creating multiple or false profiles; using the Services commercially
without CollegeTicket's authorization, infringing any intellectual property rights,
violating any of the Do's and Don'ts listed in Section 8, or any other behavior
that CollegeTicket, in its sole discretion, deems contrary to its purpose. In addition,
and without limiting the foregoing, CollegeTicket has adopted a policy of terminating
accounts of Users who, in CollegeTicket's sole discretion, are deemed to be repeat
infringers under the United States Copyright Act.
Effect of Termination.
Upon the termination of your CollegeTicket account, you lose access to the Services.
The terms of this Agreement shall survive any termination, except Sections 3 ("Your
Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
DISPUTE RESOLUTION.
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute ("claim") arising out of
or related to this Agreement shall be governed by the laws of the state of Ohio
regardless of your country of origin or where you access CollegeTicket, and notwithstanding
of any conflicts of law principles and the United Nations Convention for the International
Sale of Goods. You and CollegeTicket agree that all claims arising out of or related
to this Agreement must be resolved exclusively by a state or federal court located
in Montgomery County, Ohio, except as otherwise agreed by the parties or as described
in the Arbitration Option paragraph below. You and CollegeTicket agree to submit
to the personal jurisdiction of the courts located within Montgomery County, Ohio
for the purpose of litigating all such claims. Notwithstanding the above, you agree
that CollegeTicket shall still be allowed to apply for injunctive remedies (or an
equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Option.
For any claim (excluding claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, the party requesting
relief may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration, they
shall initiate such arbitration through an established alternative dispute resolution
("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties
must comply with the following rules: (a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the specific manner
shall be chosen by the party initiating the arbitration; (b) the arbitration shall
not involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and (c) any judgment on the award rendered by the
arbitrator shall be final and may be entered in any court of competent jurisdiction.
GENERAL TERMS.
Severability
If any provision of this Agreement is found by a court of competent jurisdiction
or arbitrator to be illegal, void, or unenforceable, the unenforceable provision
will be modified so as to render it enforceable and effective to the maximum extent
possible in order to effect the intention of the provision; and if a court or arbitrator
finds the modified provision invalid, illegal, void or unenforceable, the validity,
legality and enforceability of the remaining provisions of this Agreement will not
be affected in any way.
Language
Where CollegeTicket has provided you with a translation of the English language
version of this Agreement, the Privacy Policy, and/or any other documentation, you
agree that the translation is provided for your convenience only and that the English
language versions of this Agreement, the Privacy Policy, and any other documentation,
including additional terms of service for Premium Services, will govern your relationship
with CollegeTicket.
Notices and Service of Process.
In addition to Section 2.8. ("Notices and Service Messages"), we may notify you
via postings on www.college-ticket.com. You may contact us at info@college-ticket.com
Or via mail or courier at:
CollegeTicket, LLC
ATTN: Legal Department
9968 Farmview Court
Miamisburg, OH 45342
USA
Additionally, CollegeTicket accepts service of process at this address. Any notices
that you provide without compliance with this section on Notices shall have no legal
effect.
Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement
between you and us regarding the Services and supersedes all prior agreements and
understandings, whether written or oral, or whether established by custom, practice,
policy or precedent, with respect to the subject matter of this Agreement. You also
may be subject to additional terms and conditions that may apply when you use or
purchase certain other CollegeTicket services, third-party content or third party
software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement,
effective upon posting at www.college-ticket.com or notifying you otherwise. For
example, CollegeTicket presents a banner on the site when we have amended this Agreement
or the Privacy Policy so that you may access and review the changes prior to your
continued use of the site. If you do not want to agree to changes to the Agreement,
you can terminate this Agreement at any time per Section 5 (Termination).
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does
not waive our right to act with respect to that breach or subsequent similar or
other breaches. Except as expressly and specifically contemplated by the Agreement,
no representations, statements, consents, waivers or other acts or omissions by
any CollegeTicket Affiliate shall be deemed legally binding on any CollegeTicket
Affiliate, unless documented in a physical writing hand signed by a duly appointed
officer of CollegeTicket.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable
relief, or to enjoin or restrain the operation of the Service, exploitation of any
advertising or other materials issued in connection therewith, or exploitation of
the Services or any content or other material used or displayed through the Services.
Beneficiaries.
Entities other than CollegeTicket, LLC that CollegeTicket, LLC owns a 50% or greater
interest in ("Affiliate") are not parties, but intended third party beneficiaries
of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any
purported assignment and delegation shall be ineffective. We may freely assign or
delegate all rights and obligations under the Agreement, fully or partially without
notice to you. We may also substitute, by way of unilateral novation, effective
upon notice to you, CollegeTicket Corporation for any third party that assumes our
rights and obligations under this Agreement.
Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here
if you are located outside the United States.
COLLEGETICKET USER "DOS" and "DON'TS."
As a condition to access CollegeTicket, you agree to this User Agreement and to
strictly observe the following DOs and DON'Ts:
Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by CollegeTicket concerning the Services; and
Use the Services in a professional manner.
Don't undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting
inappropriate, inaccurate, or objectionable content to CollegeTicket;
Publish inaccurate information in the designated fields on the profile form (e.g.,
do not include a link or an email address in the name field). Please also protect
sensitive personal information such as your email address, phone number, street
address, or other information that is confidential in nature;
Create a user profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications
to others using CollegeTicket;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account without authorization from the Company,
or create a false identity on CollegeTicket;
Upload, post, email, transmit or otherwise make available or initiate any content
that:
Falsely states, impersonates or otherwise misrepresents your identity, including
but not limited to the use of a pseudonym, or misrepresenting your current or previous
positions and qualifications, or your affiliations with a person or entity, past
or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable
Adds to a content field content that is not intended for such field (i.e. submitting
a telephone number in the "title" or any other field, or including telephone numbers,
email addresses, street addresses or any personally identifiable information for
which there is not a field provided by CollegeTicket);
Includes information that you do not have the right to disclose or make available
under any law or under contractual or fiduciary relationships;
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary
rights;
Includes any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Contains software viruses, worms, or any other computer code, files or programs
that interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment of CollegeTicket or any User of CollegeTicket;
Forges headers or otherwise manipulate identifiers in order to disguise the origin
of any communication transmitted through the Services; and/or
Participate, directly or indirectly, in the setting up or development of a network
that seeks to implement practices that are similar to sales by network or the recruitment
of independent home salespeople to the purposes of creating a pyramid scheme or
other similar practices.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform,
display, sell, rebrand, or otherwise transfer information found on CollegeTicket
(excluding content posted by you) except as permitted in this Agreementor as expressly
authorized by CollegeTicket;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive
the source code for any underlying intellectual property used to provide the Services,
or any part thereof
Utilize or copy information, content or any data you view on and/or obtain from
CollegeTicket to provide any service that is competitive, in CollegeTicket's sole
discretion, with CollegeTicket;
Imply or state, directly or indirectly, that you are affiliated with or endorsed
by CollegeTicket unless you have entered into a written agreement with CollegeTicket
(this includes, but is not limited to, representing yourself as an accredited CollegeTicket
trainer if you have not been certified by CollegeTicket as such);
Adapt, modify or create derivative works based on CollegeTicket or technology underlying
the Services, or other Users' content, in whole or part, except as permitted under
CollegeTicket's developer program;
Rent, lease, loan, trade, sell/re-sell access to CollegeTicket or any information
therein, or the equivalent, in whole or part without the express written permission
of CollegeTicket;
Sell, sponsor, or otherwise monetize a CollegeTicket or any other service or functionality
of CollegeTicket, without the express written permission of CollegeTicket;
Deep-link to the Site for any purpose, (i.e. including a link to a CollegeTicket
web page other than CollegeTicket's home page) unless expressly authorized in writing
by CollegeTicket;
Remove any copyright, trademark or other proprietary rights notices contained in
or on CollegeTicket, including those of both CollegeTicket and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on CollegeTicket;
Collect, use, copy, or transfer any information, including, but not limited to,
personally identifiable information obtained from CollegeTicket except as expressly
permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non-Users without their express consent;
Infringe or use CollegeTicket's brand, logos and/or trademarks, including, without
limitation, using the word "CollegeTicket" in any business name, email, or URL or
including CollegeTicket's trademarks and logos except as expressly permitted by
CollegeTicket;
Use manual or automated software, devices, scripts robots, other means or processes
to access, "scrape," "crawl" or "spider" any web pages or other services contained
in the site;
Use bots or other automated methods to access CollegeTicket, add or download contacts,
send or redirect messages, or perform other activities through CollegeTicket, unless
explicitly permitted by CollegeTicket;
Access, via automated or manual means or processes, CollegeTicket for purposes of
monitoring CollegeTicket's availability, performance or functionality for any competitive
purpose;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function
of CollegeTicket's website;
Attempt to or actually access CollegeTicket by any
means other than through the interfaces provided by CollegeTicket such as its mobile
application or by navigating to http://www.college-ticket.com using a web browser.
This prohibition includes accessing or attempting to access CollegeTicket using
any third-party service, including software-as-a-service platforms that aggregate
access to multiple services, including CollegeTicket;
Attempt to or actually override any security component included in or underlying
CollegeTicket;
Engage in any action that directly or indirectly interferes with the proper working
of or places an unreasonable load on CollegeTicket's infrastructure, including,
but not limited to, sending unsolicited communications to other Users or CollegeTicket
personnel, attempting to gain unauthorized access to CollegeTicket, or transmitting
or activating computer viruses through or on CollegeTicket;
Interfere with or disrupt or game CollegeTicket or the Services, including, but
not limited to, any servers or networks connected to CollegeTicket, in particular
CollegeTicket's search algorithms.
COMPLAINTS REGARDING CONTENT POSTED ON THE COLLEGETICKET WEBSITE.
We built CollegeTicket to help you be more successful in your college search, and
to help high school students succeed in college planning. To achieving this purpose,
we encourage our Users to share truthful and accurate information. We also respect
the intellectual property rights of others. Accordingly, this Agreement requires
that information posted by Users be accurate and not in violation of the intellectual
property rights or other rights of third parties.
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