This agreement is in effect as of October 31, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
To be eligible to use the Service, you must meet the following criteria and you hereby 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 an Admitster account, (3) are not a competitor of Admitster or are not using the Services for reasons that are in competition with Admitster; (4) will only maintain one Admitster account at any given time; (5) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you,or the person or entity you are representing, are a party; (6) will not violate any rights of Admitster, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Service.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- (i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- (ii). Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- (iii). Contains any type of unauthorized or unsolicited advertising;
- (iv). Impersonates any person or entity, including any admitster.com employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless College Match, Inc. and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- You agree that you (1) are responsible for keeping your password secure and confidential; (2) will not permit others to use or otherwise access your account; (3) will not use or otherwise access other Users’ accounts; and (4) will not sell, trade, rent, lease, share, or otherwise transfer your Admitster account or a right to access your Admitster account, or any portion thereof, to another party. Accordingly you are responsible for all activity that occurs under and through your account.
- You agree that you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used by Admitster, or any part thereof.
- You agree that you will not 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.
On the condition that you comply with all your obligations under this Agreement, 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 Admitster or its Users), view information and use the Services that we provide to you in accordance with this Agreement. Any other use of Admitster contrary to the Responsible Use and Conduct 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 Admitster, the Services, and all related items, including any and all copies made of the Admitster website.
Misuse of the Services
Admitster may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services creating multiple or false profiles; using the Site commercially without Admitster’s authorization, infringing any intellectual property rights, violating the Responsible Use and Conduct, or any other behavior that Admitster, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Admitster will suspend access to and terminate the account of any User whom Admitster determines to be a repeat infringer of other person’s rights under the United States Copyright Act. A User will be deemed a “repeat infringer” if (a) such User has been notified of infringing activity more than twice and/or has had one of its submissions removed from our Website more than twice.
Digital Millennium Copyright Act
Admitster complies with the Digital Millennium Copyright Act (“DMCA”) statutory notice and takedown procedures. Admitster has designated the following individual with the U.S. Copyright Office as Admitster’s DMCA agent to receive notifications of claimed infringement:
Theodore A. Lund
Masterman, Culbert & Tully, LLP
One Lewis Wharf
Boston, MA 02110
Tel: (617) 722-8100
Fax: (617) 722-8101
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- (i) The use of our Resources will meet your needs or requirements.
- (ii) The use of our Resources will be uninterrupted, timely, secure or free from errors.
- (iii) The information obtained by using our Resources will be accurate or reliable, and any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- (iv) Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- (v) No information or advice, whether expressed, implied, oral or written, obtained by you from College Match, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. YOU WILL NOT HOLD COLLEGE MATCH, INC. RESPONSIBLE FOR ANY ACTIONS TAKEN BY YOU BASED ON THE INFORMATION YOU RETRIEVE FROM THE COLLEGE MATCH, INC. WEBSITE AND ALGORITHM. COLLEGE MATCH, INC. DOES NOT WARRANT THE ACCURACY OF OUR DATA SET.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. College Match, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. You acknowledge that the estimates we give you may in fact be inaccurate at any or all colleges. IN PARTICULAR, ESTIMATES ON ADMISSIONS CHANCES SHALL NOT CREATE ANY LIABILITY OR WARRANTY ABOUT ADMISSIONS AT ANY INSTITUTION OF HIGHER EDUCATION.
All content and materials available on admitster.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of College Match, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by College Match, Inc..
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
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.
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 Admitster 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 https://www.admitster.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per the Termination of Use Section.
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.
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.
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, Admitster 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.
This website is controlled by College Match, Inc. from our offices located in the state of Massachusetts, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of MA, by accessing our website, you agree that the statutes and laws of MA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Massachusetts, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, College Match, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us here.