Road to College, Admissions Consulting Services  
 
 

Acceptance of Terms and Conditions

Your use of RoadToCollege.com (the “Web Site”) and all the services provided by us (the “Services”) are governed by the policies, terms, and conditions set forth below (the “Terms of Use”). Please read them carefully. The terms “you” “your” and “User” as used herein refer to all individuals and/or entities accessing the Web Site or using the Service at any time and for any reason. By using this Web Site you indicate your acceptance of, and agreement to be bound by, these Terms of Use as may be modified by us from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS THIS WEB SITE AND DO NOT SUBMIT ANY ORDERS FOR SERVICES ON THIS WEB SITE.

Road To College (the “Company”) reserves the right to make changes to this Web Site and to these Terms of Use at any time. Any such modifications will become effective upon the date they are first posted to this Web Site. You should visit this page periodically to review the Terms of Use because they are binding upon you. Your continued access or use of the Web Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use. Furthermore, we reserve the right to discontinue, temporarily or permanently, the Web Site for any reason, at our sole discretion, with or without notice to you.

You agree that in the event you breach any of these Terms of Use, we may terminate any or all of your accounts or privileges that you have established with respect to the Web Site.

Eligibility for Newsletter Registration
Our Services are only available to those who have completed the registration process via the Web Site. The Company may refuse to provide Services to anyone at any time, at our sole discretion.

Registration Information In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. We may use the information you provide to us for various purposes. Please see our Privacy Policy that is incorporated by reference into these Terms of Use, for the details of our commitment.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

Web Site Content and Copyright
Road To College owns this Web Site and authorizes you to view and access a single copy of the content available on or from the Web Site solely for your personal, noncommercial use.

The contents of this Web Site, including its “Look and Feel” and of all other web sites under the Company’s control, whether partial or otherwise such as design, interfaces, music, sounds, text, graphics, images, logos, button icons, software and other content, including that submitted by any User (collectively, “Content”), are protected under both United States and international copyright, trademark and other laws.

Except as expressly set forth herein, all Content is the property of the Company or its content suppliers or clients. Unauthorized use of the Content may violate copyright, trademark, and other laws. Except as expressly provided by these Terms of Use, no material from the Web Site, including but not limited to any Content, may be copied, reproduced, republished, posted, transmitted or distributed in any way, including without limitation the HTML code that the Company creates to generate Web Site Content or the pages making up the Web Site. The use of any such material for any reason or the modification, distribution or republication of this material without prior written permission from the Company is strictly prohibited. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited. Violation of this provision may result in severe civil or criminal penalties.

You may make single copies of the materials provided on the Web Site for your own personal and noncommercial use, provided that any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others under any circumstances without the prior written permission of Road To College, whether or not such distribution is for a charge or any other consideration.

Web Site Use
Users may not use the Web Site in order to transmit, distribute, store or destroy material, including without limitation Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are prohibited from violating or attempting to violate the security of the Web Site, or otherwise, damaging the Website or any of the Content in any way, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Road To College Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) impersonating any person or entity or falsely stating or otherwise misrepresenting your identity or affiliation, (g) using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this Web Site or (h) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Submissions
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by the Web Site you agree not to, do the following things: post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Subject to the Company’s Privacy Policy, by submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any other User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Company Content Management
The Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or move any Content that is available on the Web Site, including any such Content posted by any user. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.

Disclaimers
USE OF THIS WEB SITE OR THE SERVICES, FOLLOWING THE ADVICE AND RECOMMENDATIONS PROVIDED BY US OR OUR AGENTS AND THE SUBMISSION OF ANY DOCUMENTS DOES NOT GUARANTEE YOUR ADMISSION OR QUALIFY YOU TO BE ACCEPTED INTO ANY PARTICULAR INSTITUTION, COLLEGE OR UNIVERSITY. ROAD TO COLLEGE IS NOT AN INSTITUTION THAT HAS ANY DECISION MAKING AUTHORITY WITH REGARDS TO ADMISSION OR DENIAL OF ADMISSION AT ANY SCHOOL AND DOES NOT MAKE ANY DECISIONS WITH RESPECT TO YOUR ADMISSION. YOUR ADMISSION TO ANY SCHOOL WILL BE DETERMINED SOLELY BY SUCH SCHOOL, AND ROAD TO COLLEGE DOES NOT GUARANTEE THAT YOU WILL BE ADMITTED TO ANY SCHOOL AND YOU AGREE THAT ROAD TO COLLEGE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICE OR YOUR ADMISSION OR DENIAL OF ADMISSION FROM ANY SCHOOL.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, THE SERVICES AND ALL CONTENT IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROAD TO COLLEGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROAD TO COLLEGE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ROAD TO COLLEGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED ON THE WEB SITE OR THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED ON THE WEB SITE OR IN THE SERVICE WILL BE CORRECTED. ROAD TO COLLGE DISCLAIMS ANY WARRANTY THAT THE WEB SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) OR THE SERVICE IS FREE OF WORMS, VIRUSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ROAD TO COLLEGE MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. In many instances, the Content available through the Web Site represents the opinions and judgments of the respective provider, merchant, sponsor, licensor, or User not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability or any opinion, advice, or statement made on the Web Site by anyone other than authorized Company employees. It is the responsibility of the User to evaluate the information, opinion, advice, or other Content available through the Web Site. Under no circumstances shall the Company or its affiliates, or any of its officer, directors, employees, or agents be liable for any loss or damage caused by a User’s reliance on information obtained through the Web Site.

External Sites
This Web Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the availability or, or the content located on or through, any External Site and does not make any representations or warranties regarding the content or accuracy of materials on such External Sites or any other aspects of such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

The Company has no control over External Sites and resources, and is not responsible for the availability of such External Sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such External Sites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such External Site or resource. In the course of conducting the business of the Company, the Company will have arrangements with 3rd parties whereby the Company will receive payments from them for purchase of their services.

Trademarks
Road To College and Road To College.com are service marks of Road To College, Inc. All rights reserved. All other trademarks, product names, company names and logos appearing on the Web Site are the property of their respective owners. Road to College’s logo, trademarks or service marks may only be used in accordance with these Terms of Use and may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion among users, or that disparages or discredits Road to College.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL THE MAXIMUM COLLECTIVE LIABILITY OF ROAD TO COLLEGE (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR LOSSES OR DAMAGES EXCEED THE AMOUNTS PAID BY YOU TO ACCESS THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL ROAD TO COLLEGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OR REVENUES, LOSS OR PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO USE OF THE WEB SITE OR THE SERVICE, AND ALL SUCH LOSSES ARE HEREBY EXCLUDED EVEN IF ROAD TO COLLEGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or the Web Site, any information you provide hereunder, your breach of the terms of these Terms of Use or from anyone using or accessing the Web Site using your name and password. Road to College shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Dispute Resolution
This disclosure shall be governed in all respects by the substantive laws of the Commonwealth of Massachusetts without regard to its provisions relating to conflicts of laws. Any claim or controversy arising out of or relating to the use of this Web Site, to the Services provided by us, or to any acts or omissions for which you may contend that we are liable, including but not limited to any claim or controversy as to the arbitrability of such dispute shall be finally and exclusively settled by binding arbitration under the Commercial Rules of the American Arbitration Association. The arbitration shall be conducted by one impartial arbitrator, selected by mutual agreement. The arbitrator shall be an attorney, or a retired judge. The proceedings shall be held in the Boston, MA metropolitan area or in such other location as may be agreed to by the parties. The arbitrator shall be bound by any limitations and/or exclusions of liability as set forth in these Terms of Use. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Acknowledgement
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Web Site and/or the Service provided to you by us, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site. You agree that the Company shall not be liable to you or any third-party for any termination of your access to the Web Site. You represent that you possess the legal right and ability to enter into these Term of Use and to access the Web Site. The Company makes no claims that the Web Site may be lawfully viewed or accessed outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or software license or material on particular Web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Web Site. These Terms of Use and any applicable policies and procedures of the Company, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreement between the parties with respect to such subject matter. You agree that regardless of any statute, regulation or law to the contrary, any claim or cause of action relating to or arising out of the use of the Web Site or the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not resell or assign your rights or obligations under these Terms of Use. The Company may freely transfer, assign, or delegate all or any part of its rights and duties hereunder, without the requirement of consent. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.

Violations
Please report any violations of the Terms of Use. See the Contact Us section of the Web Site.

 
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