Welcome to CollegeEducate. We maintain this Web site as a service to its visitors. By using this Web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right from CollegeEducate to obtain information from or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties.
Introduction
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this Web site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site (collectively, the “Service”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by CollegeEducate of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Limited Right to Use
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
Registration Obligations
To be considered for authorized use of this Website, you (the "User") agree to: (i) provide only true, accurate, current, and complete information (the "Data") about yourself as prompted by the Service's registration form; and (ii) maintain and promptly update this Data to keep it true, accurate, current and complete. If you provide any Data that is untrue, inaccurate, not current, or incomplete, or if CollegeEducate has reasonable grounds to suspect that such Data is untrue, inaccurate, not current, or incomplete, CollegeEducate has the right suspend or terminate your User account and to refuse any and all current or future use of the Service, or any portion thereof.
Editing, Deleting and Modification
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.
Indemnification
You agree to indemnify, defend and hold CollegeEducate and their respective directors, officers, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.
Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
No Resale Rights
You acknowledge and agree that you are not allowed to copy, duplicate, reproduce, sell, resell, or otherwise exploit for any commercial or public purpose, any use of or access to the CollegeEducate Website and/or Service.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CollegeEducate DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other Web Sites
The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk.
Information and Press Releases
The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by CollegeEducate was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than CollegeEducate that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of CollegeEducate, are solely those of the author(s) and do not necessarily reflect those of CollegeEducate.
Export Control
Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.
Visitors' Communications
Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
i. You represent and warrant that CollegeEducate's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter into this agreement;
iii. CollegeEducate is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
iv. You grant CollegeEducate all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by CollegeEducate to anyone whatsoever. We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. CollegeEducate expressly prohibits the scraping of email addresses from any CollegeEducate Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to CollegeEducate domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
Arbitration
Any action to enforce or interpret these Terms of Service, or to resolve disputes with respect to these Terms of Service, shall be submitted for arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association and shall be heard by the American Arbitration Association in San Diego, California. Arbitration shall be the exclusive dispute resolution process used by the parties hereto. Any party may commence arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration and any judicial determinations relating thereto, including but not limited to motions to confirm and appeals with respect to such judicial determinations. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered on any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a Writ of Execution to enforce the arbitrator's decision.
Miscellaneous
The Site may be accessed from different locations around the world and may contain references to CollegeEducate services, and programs that have not been announced where you are located. These references do not imply that CollegeEducate intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court of California with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Additional Terms
The Internet is wide reaching and global. As such, you agree to comply with all rules for your local area regarding online conduct and acceptable behavior. You further agree to comply with all applicable laws regarding the transmission of technical data exported from or imported to the city, state, province, region, or country, or as may otherwise be applicable, in which you reside.
Notices
You acknowledge that notices concerning the Site and/or Services may be made by: (i) posting on the Site; (ii) electronic mail, or email, sent to the address of record as provided within your User account; (iii) postal mail delivery, or any combination thereof. CollegeEducate may also provide notices of changes to these Terms of Service or other governing policies of CollegeEducate or other matters by displaying notices or links to notices in general locations on the Site.
All notices, requests, demands and other communications hereunder upon CollegeEducate shall be in writing and shall be deemed to have been duly given if personally delivered, or if mailed by postal service certified or registered mail, prepaid, or by other recognized courier services, to CollegeEducate, or to their permitted assignees, at the following address (or at such other address as may be given and demanded in writing by CollegeEducate):
College Educate
132 N. El Camino Real
Encinitas, CA 92024
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