COLLEGEWORKS may allow for school boards, school districts, schools and their authorized users, such as students, parents, teachers, administrators, volunteers, and others (collectively, "Users") to connect with industry volunteers, companies and organizations (the "Experts") who provide live streaming video presentations in one of two ways: (a) on topics chosen by and at the request of a teacher using the Platform, or (b) on topics of, and at the date and time of, the Expert's choosing ("Industry Chat") in which multiple classrooms can join (collectively, "Live Sessions"). The Services include, without limitation, facilitating and hosting Live Sessions, and taking questions and feedback from Users.
The Site may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on the Site may contain technical inaccuracies or typographical errors. COLLEGEWORKS may, in its sole discretion, revise, amend, modify or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of the Site constitutes your acceptance of any revisions, amendments, modifications or deletions to these Terms and Conditions.
Accessing/ Use of the site; Restrictions:
Subject to your ongoing compliance with these Terms and Conditions, COLLEGEWORKS hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, COLLEGEWORKS does not grant you permission, by implication, estoppel or otherwise, to state or suggest that COLLEGEWORKS promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.
Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content. You shall comply with these Terms and Conditions and shall not: (a) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site; (b) delete the copyright or other proprietary rights notices from the Site or any Content; (c) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Site; (d) use any robot, spider, scraper or other automated means to access the Site; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (f) insert any code or product or manipulate the Site in any way; (g) use any data mining, data gathering or extraction method; (h) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (i) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or (j) use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
COLLEGEWORKS shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which COLLEGEWORKS shall not take on any liability.
Your COLLEGEWORKS Account:
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Platform. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and COLLEGEWORKS may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause COLLEGEWORKS liability. You must immediately notify COLLEGEWORKS of any unauthorized uses of your account or any other breaches of security. COLLEGEWORKS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You should also maintain accurate, complete, and up-to-date information in your account, because your failure to do so may result in your inability to access, use, or receive all or any part of the website and/or COLLEGEWORKS' election to terminate this Agreement. For the avoidance of doubt, COLLEGEWORKS has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your account to facilitate the exercise and performance of COLLEGEWORKS' rights and obligations under this Agreement, the operation of the Website, and/or any other rights, obligations, products, and services relating to the Website, your account, or the subject matter of this Agreement.
The Types of Personal Data we use and collect:
We collect and use the following information about you (which may be shared with our partners):
Information from account creation:
When you create an account on the Platform, or communicate with us, we may collect personal information including your username, password, date of birth (where applicable), email address and/or telephone number, information you disclose in your user profile such as your areas on interest, organizations/programs you are interested, schools you want to learn more about, and your photograph or profile video. After you register, you may also choose to provide additional information in your profile, such as your headline, location (city), and other personal or demographic information. In addition, we may ask you for Personal Information at other times, such as when you contact our technical support team, send us an email, complete a user survey, or otherwise communicate with COLLEGEWORKS. We will share the email addresses of Event presenters to Event administrators to facilitate communication with respect to, and organization of, Events. We may also share this information with schools, colleges, programs, and organizations with whom we have partnered.
b. Information from Integrated Sign-On Platforms:
c. Information obtained from other users:
We make available certain features on our Platform that allow other users to provide us information about you. For example, a teacher, institution or fellow student may provide information relating to a Student, such as name, grade, and email address.
d. Information provided by partners and other sources:
e. Information about your use of our Platform:
We may collect usage information about your use of our Platform, such as signing up for an Industry Chat, the number of videos you have viewed, using lesson plans, participation in live events, participation in message boards, and other ways in which our Platform can be used. This information enables us to better tailor educational experiences that are most appropriate for you.
f. Location information:
We may collect and use information about your location (such as your country) or infer your approximate location based on your IP address in order to provide you with tailored educational experiences for your region, but we don’t collect the precise geolocation of you or your device. You may be able to change the settings on your computer or mobile device to prevent it from providing us with any location information.
g. Video session data:
Schools, industry experts, companies and organizations provide COLLEGEWORKS with permission to record both video and audio of every Live Session and Industry Chat to add to the Video Library. COLLEGEWORKS ensures that no Student images are retained in any form in these recordings. If Student voices are retained, personally identifiable information is removed.
Schools, industry experts, companies and organizations may request that a video file or associated content, such as documents and presentations (the “Content”), be deleted from the video library by emailing a request to email@example.com. You must be able to identify the particular Content you wish to be deleted or de-identified so that we can locate it on the Platform, and please note the reason that you are requesting the specific Content to be deleted.
If you request that Content be deleted, COLLEGEWORKS will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Also, please note that removal of your Content or information does not ensure complete or comprehensive removal, as there may be de-identified or recoverable elements of your content or information on our servers in some form. Additionally, we will not remove content or information that we may be required to retain under applicable federal and state laws.
h. User Content and Behavioral Information:
We process the content you generate and view on the Platform, including preferences you set (such as choice of language) photographs, audios and videos you upload or create, comments and livestreams you make ("User Content"). We collect User Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that User Content, in order to recommend audio options and provide other personalized recommendations.
If you apply an effect to your User Content, we may collect a version of your User Content that does not include the effect. We may collect information about the images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations.
We may access content, including text, images, and video, found in your device's clipboard, with your permission. For example, if you choose to initiate content sharing with a third-party platform, or choose to paste content from the clipboard into the TikTok App, we access this information stored in your clipboard in order to fulfill your request.
We collect information through surveys, challenges and competitions in which you participate.
We also collect information regarding your use of the Platform, e.g., how you engage with the Platform, including how you interact with content we show to you, the ads you view, videos you watch and problems encountered, the content you like, the content you save to 'My Favorites', the users you follow and how you engage with mutual followers. We also infer your preferences, including your interests, gender and age for the purpose of personalizing content.
Responsibility of Contributors:
If you operate an account, deliver Live Sessions to Users, respond to Users' questions, comment on a Live Session, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the substance of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or video. By delivering Live Sessions through the Platform and by making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe upon the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
Your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by COLLEGEWORKS or otherwise.
You will not disclose any information to a User that could be considered personally identifiable information (except your name, title and employer) including, but not limited to, your address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and
You will not solicit personal information from any User and agree that if any User ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us via email to firstname.lastname@example.org. One exception is that certain Users, such as teachers and Experts (but not students), may exchange information such as phone numbers or email addresses via the Platform's built-in message feature in connection with discussing and sharing Content related to a specific Live Session.
Right to Remove, Block, or Modify Content:
COLLEGEWORKS reserves the right to remove, block or edit any Content, including but not limited to images, documents, related video recordings, or other Content created on the Website and/or Platform (e.g. comments, messages, avatars, etc.), for any reason whatsoever. Removal may result from any of the following, without limitation: posting inappropriate material such as offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content.
Right to Record:
Unless you withdraw your consent, COLLEGEWORKS reserves the right to record all Expert presentations scheduled and delivered via the Platform and its affiliated services and tools. Such recorded information will become Content and part of the Platform, and accessible to Users of the Platform and subject to the same terms and conditions in this Agreement, and which COLLEGEWORKS can make available to affiliated services. Experts give COLLEGEWORKS a perpetual, sublicensable, transferable, royalty-free license to use or distribute the Content on the Website and Platform and to Third Party Publishers and Distributors.
Right to Ban Users:
COLLEGEWORKS reserves the right to ban any User from using the Services for any reason including using Content, Services and products available at or through the Website to find and contact other COLLEGEWORKS members or Experts to arrange for connections or meetings to be conducted on another virtual platform or in person for the purpose of circumventing the services and products available at or through the Platform.
You hereby expressly consent to COLLEGEWORKS sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters, or other informational purposes) via any electronic means or forms as COLLEGEWORKS deems appropriate in its sole discretion, whether through the Website, the Platform, your user account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for the payment of the same. You understand that you are not required to grant the foregoing consent as a condition for the use of the Website and/or the Platform. You may opt-out of receiving any electronic messages from COLLEGEWORKS as described above at any times by any reasonable means, including, without limitation, by sending an email to email@example.com with a subject line of "Opt-Out of Electronic Communications." You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, the Platform, and/or your ability to receive certain messages or notifications from COLLEGEWORKS.
Collecting and Sharing of anonymous or aggregate data with others:
We may use data which has been de-identified and/or aggregated for product development, research, analytics and other purposes, including for the purpose of analyzing, improving, or marketing the Platform. On certain occasions, COLLEGEWORKS may share this data with business partners to improve our services or offerings. If we disclose information to authorized business partners to conduct research on online education or assist in understanding the usage, viewing, and demographic patterns for certain programs, content, services, promotions, and/or functionality on our Platform, such data will be aggregated and/or anonymized to reasonably avoid identification of a specific individual.
Additional instances that include sharing data, for other business and legal purposes:
We will share data with employees and service providers. COLLEGEWORKS may share information with our employees and trusted vendors, third-party service providers, third-party educational programs and institutions, and other individuals to provide services or products for us or on our behalf, which could include analytics, hosting, marketing and similar services. When we share Personal Information with third-party service providers or vendors, these third parties are contractually obligated to maintain the security and confidentiality of that Personal Information.
Other instances. COLLEGEWORKS may release Personal Information if we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request; (b) enforce applicable Terms of Service, including investigation of potential violations thereof; (c) investigate and defend ourselves against any third-party claims or allegations; (d) detect, prevent or otherwise address fraud, security or technical issues; (e) protect the rights, property, or personal safety of COLLEGEWORKS, our users, or the public; or (f) as required or permitted by law.
We recognize the need to provide privacy protections with respect to personal information we may collect from children on our sites and applications. When a minor accesses and interacts with the Company Services, we may collect certain information automatically about those visits. The information we collect includes the type of computer operating system, IP address and/or mobile device identifier, web browser type, content viewed, the frequency with which the minor visits various parts of our sites or applications, information regarding the online or mobile service provider, and cookie ID.
Treatment of the Personal Information of minors:
If you are 13 years old or under, you may only use COLLEGEWORKS Products and disclose information to us with your parent's or guardian's consent. Please know that misrepresenting your age is illegal.
If you are a parent or teacher of a COLLEGEWORKS user, please know that we collect personal information through the Platform from your child or student, respectively, only if they have completed the contact form and confirmed that they are at least eighteen (18) years old or have received parental/guardian consent. If we learn we have collected personal information from a child without appropriate consent as outlined herein, we will delete that information as quickly as possible. If you believe that a child may have provided us personal information in violation of this paragraph, please contact us at firstname.lastname@example.org.
COLLEGEWORKS makes no representations whatsoever about any other web site which you may access through this one. When you access a non-COLLEGEWORKS web site, please understand that it is independent from COLLEGEWORKS, and that COLLEGEWORKS has no control over the content on that web site, even if COLLEGEWORKS provides information or services to the owner of that website. In addition, a link to a non-COLLEGEWORKS web site does not mean that COLLEGEWORKS endorses or accepts any responsibility for the content or the use of such web site. In fact, COLLEGEWORKS disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Copyrights and use of site content:
The copyright in all materials, features and functionality on the Site, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, "Content"), is the exclusive property of COLLEGEWORKS or its licensors and is protected by U.S. and international laws. None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of COLLEGEWORKS or the copyright owner in each instance. You shall not "mirror" or "frame" any Content or the Site itself, in whole or in part, without COLLEGEWORKS’ express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved. You shall be solely responsible for ensuring that any information or Content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.
The registered or unregistered trademarks, service marks, logos and trade names (the "Trademarks") used and displayed on the Site, including, but not limited to those associated with, COLLEGEWORKS, N-VISION STRATEGIES LLC, nvisionstrategies.com, collegeworks.org, and any of the associated mobile Apps. Other trademarks, service marks, logos and trade names may be owned by others. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other COLLEGEWORKS intellectual property displayed on the Site. COLLEGEWORKS aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark and trade name COLLEGEWORKS and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of Content on the Site, without prior written permission from COLLEGEWORKS and you shall not refer to or attribute any information to COLLEGEWORKS or its licensors in any public medium for promotional or advertising purposes, or otherwise, or for the purpose of influencing a third party. COLLEGEWORKS also prohibits use of COLLEGEWORKS and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by COLLEGEWORKS in writing.
You acknowledge and agree that COLLEGEWORKS owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Site ("Submissions"). You hereby waive any and all claims against COLLEGEWORKS for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with COLLEGEWORKS' use and publication of such Submissions. This means that anything posted, submitted, shared or otherwise published by you to the Site shall be owned by COLLEGEWORKS and may be used by COLLEGEWORKS for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event COLLEGEWORKS' ownership of such Submissions is successfully contested, you automatically grant COLLEGEWORKS a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against COLLEGEWORKS for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions. COLLEGEWORKS does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. COLLEGEWORKS expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post, submit, share or otherwise publish on the Site any materials that: (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. COLLEGEWORKS in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.
No services, endorsement, or professional consultation:
There may be delays, omissions or inaccuracies in information obtained through your use of the Site. The information on the Site is provided to you with the understanding that COLLEGEWORKS' provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on the Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, COLLEGEWORKS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through the Site by COLLEGEWORKS, any user, information provider or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, COLLEGEWORKS does not grant any license or other authorization to you to use the Site in any manner if such use in whole or in part suggests that COLLEGEWORKS promotes or endorses a third party's causes, ideas, political campaigns, political views, websites, products or services.
If you are a California resident you have the right to request information from COLLEGEWORKS regarding the manner in which COLLEGEWORKS shares certain categories of your personal information with third parties for direct marketing purposes. California law provides that you have the right to submit a request to COLLEGEWORKS at its designated address and receive the following information:
The categories of information COLLEGEWORKS has disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing email@example.com.
Disclaimer of warranties:
THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLLEGEWORKS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COLLEGEWORKS DOES NOT REPRESENT OR WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL COLLEGEWORKS OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED OR CONTAINED ON THE SITE OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF COLLEGEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
IN NO EVENT SHALL COLLEGEWORKS' OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless COLLEGEWORKS and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to: (a) your access to or use of the Site, or (b) any breach by you of these Terms and Conditions or the representations, warranties, and covenants you have made by agreeing to these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. COLLEGEWORKS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Enforcement of Terms and Conditions:
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Texas in connection with any dispute or claim involving COLLEGEWORKS. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Infringement notices and takedown:
COLLEGEWORKS prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
These Terms and Conditions constitute the entire agreement between you and COLLEGEWORKS with respect to the subject matter of these Terms and Conditions and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of these Terms and Conditions shall be effective only if in writing and signed by COLLEGEWORKS. Any failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other provision of these Terms and Conditions.
This agreement contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. This agreement also contains an agreement that you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. Please read the following terms carefully before accessing or using any of the services. Each time you access or use the service, you agree to be bound by these terms. If you do not agree to be bound by the mandatory arbitration provision and the class action waiver you may not access or use the service.
For any dispute you have with COLLEGEWORKS, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
Questions about the Terms of Service should be sent to us at email@example.com.