Ownership of Platform Content
The Sites are owned and operated by College For Every Student, Inc., a non-profit educational organization with charitable, tax exemption status, and with offices at 2303 Main Street, Essex, New York 12936, USA. The Platforms contain intellectual property including, but not limited to the content, software, code, data, art, graphics, logos, text, photograph, images, audio and audiovisual elements, design, layout, organization, user interface, navigation, domain names, trade names, service marks, sound effects, and the like. College For Every Student, Inc. and/or its members, principals, contractors, affiliates, licensors and or licensees (collectively “CFES Parties”) own the copyright in all elements of the Platforms and all related intellectual property rights, including but not limited to, all trademark rights, patent rights, and moral rights as allowed under applicable state and federal law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the content and material on the websites except as permitted under the applicable laws. Your use of the Platforms does not give your any ownership of any content as published by College For Every Student, Inc. either on its websites or in its Apps. You acknowledge that the website content is and shall remain the property of College For Every Student, Inc. or any other party (each a “Contributor”) who has been involved in the preparation or publication of content. College For Every Student, Inc. authorizes you to view and use the Content on this site solely for your personal, noncommercial use.
All trademarks, logos, service marks, trade names, or the like displayed on any Sites or Apps or published within any content of the Platforms, are the registered or unregistered Trademarks of College For Every Student, Inc., the CFES Parties and/or others, and may not be used unless authorized by the Trademark owner. Any and all Trademarks displayed on the Platforms that are not owned by College For Every Student, Inc., if any, are the property of their respective owners and nothing contained on the Platforms should be construed as granting, either by implication, estoppel, or otherwise, any license or right to use any or all of the Trademarks displayed on either the Sites or the Apps.
Links to Third Party Sites
Use of Site Content
You may access, view, and utilize the content contained in any of the Sites or Apps as published by College For Every Student, Inc. only for your personal, noncommercial, and/or educational use on a single computer or other Internet compatible device to enable you to use the Sites, provided that you do not remove or alter any copyright or other legal notices from the Sites, the Apps, or any content published therein. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
Prohibited Conduct By The User
Any conduct by you on our website or social media links that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Sites will not be permitted and the posting will be removed from the Sites. You warrant and agree, by accessing our Sites and Apps, you will do so only for lawful purposes. You further warrant and agree that you will not use the Sites and Apps to:
- upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available any material that is false, unlawful, threatening, tortuous, disparaging (including disparaging of College For Every Student, Inc., CFES Parties, employees or affiliates), anything that adversely affects its business such as discouraging any person or entity from advertising with, linking to or contacting the Company regarding its services;
- upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available any abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable which is the Company’s sole discretion;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Platforms, College For Every Student, Inc., or the herein identified CFES Parties;
- obtain or attempt to gain unauthorized access to other computer systems, databases, materials, information, or any services available on or through the Sites or Apps through any means, including through those means not intentionally made available to the public or provided for through the Platforms;
- engage in harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites and Apps, or obtaining lists of users or other personal data from or through the Platforms, including, without limitation, any information residing on any server or database connected to the Platforms;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Content, materials or services as published on the Sites and in the Apps;
- use the Sites, the Apps, or their content in violation of any applicable law; or
- use the Sites, the Apps, or their content in violation of any of the terms set forth in other section of this Agreement.
You agree to indemnify and hold harmless College For Every Student, Inc. and the CFES Parties, and its and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including legal fees) that may arise from your use of the Sites and Apps in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Sites and Apps or your violation of law or breach of the terms of this Agreement. College for Every Student, Inc. and the CFES Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by College for Every Student, Inc. and the CFES Parties.
Right to Monitor and Editorial Control
College for Every Student, Inc. and the CFES Parties reserve the right, but do not have an obligation, to monitor and/or review all materials and content posted and/or published to the Sites and/or Apps or through the Platforms’ services or features by users, and College For Every Student and the CFES Parties are not responsible for any such materials posted by users. However, College for Every Student, Inc. and the CFES Parties reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of College for Every Student, Inc. or the CFES parties are objectionable or in violation of this Agreement, the policies of College for Every Student, Inc. and the CFES Parties or applicable state and federal law.
General Disclaimer and Limitation of Liability
College for Every Student, Inc. controls and operates the Sites and Apps from offices located in Essex, New York, within the United States of America. We make no representation that content published on the Sites or within the Apps is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Sites and Apps, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. College For Every Student, Inc. specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Sites or within the Apps.
College For Every Student, Inc. does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Sites, the Apps, or any of their Content.
WE, OUR MEMBERS, PRINCIPALS, AGENTS, EMPLOYEES, CONTRACTORS SUPPLIERS, AFFILIATES, AND OTHER CFES PARTIES PROVIDE THE SITES, THE APPS, AND THEIR CONTENTS “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER THEY BE EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABLITY, ACCESSIBILITY, TIMELINESS ACCURACY, ADEQUACY, RELIABLITY, COMPLETENESS, OR USEFULNESS OF PLATFORM CONTENT AND ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEIR EXCLUSION IS PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. COLLEGE FOR EVERY STUDENT, INC. DOES NOT WARRANT THAT THE SITES AND APPS OR THEIR SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, UNINTERRUPTED, SECURE OR OPERATE FREE OF ERROR, COMPUTER VIRUSES, DELAYS, OR OTHER DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. COLLEGE FOR EVERY STUDENT, INC. ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES AND APPS OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES AND APPS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL COLLEGE FOR EVERY STUDENT, INC. OR THE CFES PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES AND APPS OR WITH THE DELAY OR INABILITY TO USE THE SITES AND APPS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLLEGE FOR EVERY STUDENT, INC. OR THE CFES PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES AND APPS (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL COLLEGE FOR EVERY STUDENT, INC. OR THE CFES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES AND APPS OR FOR ANY OF YOUR ACTIVITIES ON THE SITES AND APPS.
This Agreement is governed by and is construed in accordance with the laws of the State of New York, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Essex County, New York, U.S.A. in all disputes arising out of or relating to your use of the Sites and Apps. Notwithstanding the foregoing, College for Every Student, Inc. shall have the right to bring action against visitors of the Sites and Apps in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a New York court.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and College for Every Student, Inc. with respect to the Sites and Apps and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and College for Every Student, Inc. with respect to the Sites and Apps. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.