Effective Date: June 3rd, 2016.
These Terms include the following sets of terms: Rights and Responsibilities Terms;
Accounts and Features Terms; Disputes Terms and Standard Terms and Conditions, which are incorporated herein and which you
should click on and read.
Welcome! You have arrived at mycollegeoptions.org and/or are otherwise interacting with our Service (defined below), which
is owned and operated by My College Options, Inc. (collectively, "myCollegeOptions," "we," "our,"
"us," etc.). These Terms govern your use of any online service location (e.g., website or mobile app) that posts
a link to these Terms ("Site") (including both mobile and online versions). It also applies to your use of all
features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available
through a Site, and/or that post or link to these Terms (collectively, with the Site, the "Service"), regardless
of how you access or use it, whether via computer, mobile device or otherwise. By using the Service, you acknowledge and
By interacting with and/or using the Service, you signify your assent and agreement to these Terms. If you do not agree
to these Terms, you must not use the Service.
PLEASE READ EACH PART OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND OUR ARBITRATION OF CERTAIN DISPUTES. For ease of reference, the Terms are set forth in the following sets of terms. Click on each, or the subheadings to access
the full terms.
Rights and Responsibilities Terms
Service Content, Ownership, Limited License, and Rights of Others
Content You Submit
Service and Content Use Restrictions
Links by You to the Service
Accounts and Features Terms
Accounts and Profiles
Third Party Services, Advertisements and Dealings With Third Parties
Wireless, Messaging, and Location-based Features
Devices and Connectivity
Notices, Questions and Customer Service
Disclaimer of Representations and Warranties
Limitations of Our Liability
Waiver of Injunctive or Other Equitable Relief
Standard Terms and Conditions
Updates to Terms
Consent or Approval
Operation of Service, Availability of Products and Services and International Issues
Severability and Interpretation
Electronic Communications and Contracting
Investigations, Cooperation with Law Enforcement, Termination and Survival
California Consumer Rights and Notices
Complete Agreement and No Waiver
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional
or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service
(in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between these
Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply
with these Terms and any applicable Additional Terms then posted (subject to D. Standard Terms and Conditions, Section
1). Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service
are such that, without the conditions that are set forth in these Terms - such as your grants and waivers of rights, the
limitations on our liability, your indemnity of us, and our arbitration of certain disputes - we would not make the Service
available to you.
Accounts and Features Terms; Disputes Terms;
and Standard Terms and Conditions, which are incorporated into the Terms above.//
A. Rights and Responsibilities Terms
These Rights and Responsibilities Terms set forth your and our rights, and your obligations and restrictions, related to
SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
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Content. The Service contains a variety of: (i) materials and other items relating
to myCollegeOptions and its products and services, and similar items from our licensors and other third parties, including
all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions,
illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software,
interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement
of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks,
logos, trade names, trade dress, service marks, and trade identities of various parties, including those of myCollegeOptions
(collectively, "Trademarks"); and (iii) other forms of intellectual property
(all of the foregoing, collectively "Content").
Ownership. The Service (including past, present, and future versions) and the Content
are owned or controlled by My College Options, Inc. and our licensors and certain other third parties. All right, title,
and interest in and to the Content available via the Service is the property of us or our licensors or certain other
third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual
property and unfair competition rights and laws to the fullest extent possible. My College Options, Inc. owns the copyright
in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Limited License. Subject to your strict compliance with these Terms and the Additional
Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to
download and copy (temporary storage only of website content and streaming audio and/or video files and a single Device
download and storage of the mobile app), display, view, use, play the Content on a personal computer, browser, laptop,
tablet, mobile phone or other wireless device, or other Internet-enabled device (each, a "Device"),
and/or print one copy of the Content (excluding source and object code in raw form or otherwise, and excluding streaming
audio and/or video files) as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing
limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content,
and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice
or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain
Rights of Others. In using the Service, you must respect the intellectual property
and other rights of myCollegeOptions and others. Your unauthorized use of Content may violate copyright, trademark,
privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including
potential criminal liability. We respect the intellectual property rights of others.
Reservation of All Rights Not Granted as to Content and Service. These Terms and
any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the
Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or
otherwise. All rights not expressly granted to you are reserved by us and our licensors and other third parties.
Any unauthorized use of any Content or the Service for any purpose is prohibited.
CONTENT YOU SUBMIT
you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable
and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through
multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise
use in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the
Service, or by means other than the Service, including without limitation via our social media pages and accounts such
as Facebook, Twitter and LinkedIn) ("Submissions"), and derivative works thereof,
for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with
any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also
irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection
with your Submissions and derivatives thereof. Except as prohibited by law, you hereby waive, and you agree to waive,
any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or
changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights
(if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive
any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our
successors, assigns and licensees retain all of the rights held by members of the general public with regard to your
Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does
not impair our right to contest existing or future intellectual property rights relating to your Submissions.
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SERVICE AND CONTENT USE RESTRICTIONS
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Service Use Restrictions. You agree that you will not: (i) aside from your purchase of
goods or services offered for sale by us or our affiliates, use the Service for any political or commercial purpose
(including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling
products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any
activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities
or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that
violate any right of any third party, or are otherwise objectionable to us; (iv) to the maximum extent not prohibited
by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object
code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage
in any activity that interferes with a user's access to the Service or the proper operation of the Service, or
otherwise causes harm to the Service, myCollegeOptions, or other users of the Service; (vi) interfere with or circumvent
any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the
Service, the Content, or the Submissions; (vii) harvest or otherwise collect or store any information (including personally
identifiable information about other users of the Service, including email addresses, without the express consent of
such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected
to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable
Content Use Restrictions. Without limiting the restrictions in Section 1 or in any applicable Additional Terms, you also agree that, in using the Service, you:
(i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine
activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper,
crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process
of any kind; (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text,
or page layout); (iii) will keep intact all Trademark, copyright, and other intellectual property notices contained
in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our
or our licensors' products, services, or brands; (v) will not make any modifications to such Content; (vi) will
not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy
or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer
to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way
for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior
written consent of an officer of myCollegeOptions or, in the case of Content from a licensor, the owner of the Content;
and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user
Availability of Service and Content. We may immediately suspend or terminate the
availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason,
in our sole discretion, and without advance notice or liability.
LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks
to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the
content on your website do not suggest any affiliation with us or cause any other confusion, and (c) the links and the
content on your website do not portray myCollegeOptions or its products or services in a false, misleading, derogatory,
or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy,
violent, threatening, harassing, or abusive, or that violates any right of any third party or are otherwise objectionable
to us. We reserve the right to suspend or prohibit linking to the Service for any reason, in our sole discretion, without
advance notice or any liability of any kind to you or any third party.
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You agree to, and you hereby, defend (if we request), indemnify, and hold myCollegeOptions Parties (as defined in the
Disputes Terms, Section 5) harmless from and against any and all claims, damages,
losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including
attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding
made or brought against any myCollegeOptions Party, or on account of the investigation, defense, or settlement thereof,
arising out of or in connection with, whether occurring heretofore or hereafter: (a) your Submissions; (b) your use of
the Service and your activities in connection with the Service; (c) your breach or alleged breach of these Terms or any
applicable Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes,
ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service
or your activities in connection with the Service; (e) information or material transmitted through your Device, even
if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress,
patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) myCollegeOptions
Parties' use of the information that you submit to us (including your Submissions) (all of the foregoing, "Claims
and Losses"). You will cooperate as fully required by our Parties in the defense of any Claim and Losses. Notwithstanding
the foregoing, our Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses, and
our Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle
any Claims and Losses without, in each instance, the prior written consent of an officer of a myCollegeOptions Party.
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B. Accounts and Features Terms
These Accounts and Features Terms explain Service features and accounts, and your related options and obligations and are
ACCOUNTS AND PROFILES
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Accounts. In order to access or use some of the features on the Service, you must
first register for the program. You may register here.
The Service's practices governing any resulting collection use, disclosure and management of your personal information
If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise use the Service
or submit personal information to us.
If you register for any feature that requires a password and/or username, then you will select your own password
at the time of registration (or we may send you an email notification with a randomly generated initial password) and
you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may
impersonate another person, belongs to another person, violates the intellectual property or other right of any person
or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason
in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about
yourself in connection with the registration process and, as permitted, to maintain and update it including on your
profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible
for all activities that occur under your account, password, and username - whether or not you authorized the activity;
(iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to
your Device so that others may not access any password protected portion of the Service using your name, username,
or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or
any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party
arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you
provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any
applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to
terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion,
for any reason, and without advance notice or liability.
Profiles. We may offer you the ability to set preferences relating to your profile
or Service activities, but settings may not become effective immediately or be error free, and options may change from
time-to-time. We assume no responsibility or liability for the accuracy of users' personal profile information.
Profile pages may only be set up by an authorized representative of the individual who is the subject of the
profile page. We do not review profile pages to determine if they were created by an appropriate party, and we are
not responsible for any unauthorized profile pages that may appear on the Service. If there is any dispute as to whether
a profile page has been created or is being maintained by an authorized representative of the individual who is the
subject of that profile page, then we shall have the sole right, but are not obligated, to resolve such dispute as
we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling
access to profile pages, or any portion thereof, at any time without notice.
Third Party Services, Advertisements and Dealings With Third Parties
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Third-Party Content, Sites and Advertisements. The Service may contain or may interact
with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other
content, and/or links to third-party websites or other services that are not owned, controlled or operated by myCollegeOptions
(collectively, "Third-Party Services"), including services operated by advertisers, licensors, licensees,
e-commerce partners and certain other third parties who may have business relationships with us. This may include the
ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content
on third party sites and services using their plug-ins made available on our Services. We may also host our Content,
apps and tools on Third Party Services. We may have no control over the content, operations, policies, terms, or other
elements of Third Party Services, and we do not assume any obligation to review any Third Party Services. We do not
necessarily endorse, approve, or sponsor any Third Party Services, or any third-party content, advertising, information,
materials, products, services, or other items. Furthermore, we are not responsible for the quality or delivery of the
products or services offered, accessed, obtained by or advertised at such Third Party Services. Some Third Party Services
may impose fees for access to their resources through our Service and/or your Account and you are responsible for all
such fees. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or
other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual
property rights, caused by the exhibition, distribution or exploitation of any information or content contained within
these Third Party Services. Any activities you engage in connection with any of the same are subject to the privacy
and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third Party Services.
My College Options, Inc. disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and
other dealings that you have with any third parties found on or through the Service (including on or via Third Party
Services or advertisements) are solely between you and the third party (including issues related to the content of
third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data
security, and the like). By logging into or enabling Third Party Services within or in connection with your Account,
you are allowing us to pass your log-in information to these providers for this purpose. For more information about
the implications of activating these Third Party Services and our use, storage and disclosure of information related
to you and your use of such services within our Service (including your friend lists and the like), please see our
to indemnify us against all claims, injury and/or damages including, without limitation, attorneys' fees, that
arise out of your use of any Third Party Service, including without limitation from any material that you post on any
forum or social networking site in connection with us and/or any other claim related to your use of social media.
You hereby grant us an irrevocable perpetual license to use, reproduce, edit, create derivative works from,
distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post
to any social networking site or other Third Party Service in connection with us or our Service.
WIRELESS, MESSAGING, AND LOCATION-BASED FEATURES
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Wireless Features. The Service may offer certain features and services via your
wireless Device. Features and services may include the ability to access the Service's features, upload content
to the Service, receive messages from the Service, and download applications to your wireless Device (collectively,
Terms of Wireless Features. You agree to receive communications we may send through
Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless
Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes
to your wireless contact information (including phone number) and update your accounts on the Service to reflect the
changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our
delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or
pop-up messages, may be delivered to your Device even when it is running in the background. You may have the ability,
and it is your responsibility, to control the notifications you do, or do not, receive via your Device through your
Device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges
from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain
Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your
carrier with questions regarding these issues.
Email Messages. You may cancel or modify our email marketing communications you
receive from us by following the instructions contained within our promotional emails. This will not affect subsequent
subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note
that we reserve the right to send you certain communications relating to your account or use of our Service, such as
administrative and service announcements and these transactional account messages may be unaffected if you choose to
opt-out from receiving our marketing communications.
Location-based Features. If GPS, geo-location or other Location-based Features are
enabled on your Device, you acknowledge that your Device location will be tracked and may be shared with others consistent
and platforms may allow disabling Location-based Features or managing such preferences. However, you can terminate
Device location tracking on a mobile application by us by uninstalling the application. Territory geo-filtering may
be used in connection with some Service features due, for instance, to content territory restrictions. The Location-based
Features offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used
or relied on in any situation in which the failure or inaccuracy of use of the Location-based Features could lead directly
to death, personal injury, or physical or property damage. Use Location-based Features at your own risk as location
data may not be accurate.
Devices and Connectivity
We do not warrant that the software provided by us to utilize the Service or any other software used in connection with the
Service will be compatible with other third party software nor do we warrant that operation of the Service and the associated
software will not damage or disrupt other software or hardware. You are responsible for obtaining and maintaining all
Devices and other equipment and software, and all internet service provider, mobile service, and other services needed
for your access to and use of the Service and you will be responsible for all charges related to them. You further agree
to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its
compatibility with the Service and/or our software.
By using the Service, you agree that we may change, alter, or modify the settings or configurations on your Device in order
to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.). For instance,
our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings
of your Device, for reasons such as showing you the location of things or people near you; saving App images, sound files
and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data
needed for App operations; and to provide you notice when you are not connected to a network. You consent to these activities
by installing the App or otherwise using the Service. Your Device settings may enable you to disable, change or limit
some of these activities, and you can disable all of them associated with the App by uninstalling the App.
You must be connected to the Internet for the entire time you are using the Service, the cost and provisions of which is
your responsibility. The quality of the display of the Content may vary from Device to Device, and may be affected by
a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet
connection. We make no representations or warranties about the quality of your Service experience on your Device or the
ability of any Device to access or display the Content. In order to stream or download Content, your equipment must meet
certain system requirements, including but not limited to having high-speed Internet access. You may not download or
stream Content if you are located outside any designated territory and you will not try to circumvent territory restrictions
(such as by using a proxy server). Please review any restrictions, including without limitation regarding simultaneous
viewing, that may be posted from time to time and which shall be Additional Terms.
Any issues related to the Service and/or the myCollegeOptions software, including any system requirements, are covered and
limited by these Terms. Please refer to the Disclaimer of Representations and Warranties and Limitations of Liability
provisions set forth in the Disputes Terms.
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Notices, Questions and Customer Service
You agree that: (a) we may give you notices of new, revised or changed terms and other important matters by prominently posting
notice on the home page of the Service, or in another reasonable manner; and (b) we may contact you by mail or email
sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating
your profile settings. All legal notices to us must be sent to My College Options, Inc., 3651 Ralph Powell Rd., Lee's
Summit, MO 64064 (Attn: Privacy Coordinator/Legal Compliance).
If you have a question regarding using the Service, you may contact our Customer Support by sending an email to here or calling our toll-free number at 866-747-6274. You acknowledge that the provision of customer support is at our sole
discretion and that we have no obligation to provide you with customer support of any kind.
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C. Disputes Terms
These Disputes Terms explain how to provide notice of infringement, your limitation of remedies, our warranty and liability
limitations and require arbitration of most disputes by arbitration on an individual basis (including a jury trial and
These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute and
Excluded Dispute will be resolved in accordance with, the laws of Missouri, without regard to its conflicts of law provisions
that might apply the laws of another jurisdiction.
Certain portions of this Section 2 are deemed to be a "written agreement to arbitrate" pursuant to the Federal
Arbitration Act. You and we agree that we intend that this Section 2 satisfies the "writing" requirement of
the Federal Arbitration Act. This Section 2 can only be amended by mutual agreement.
First, Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation,
or claim arises out of or relates to the Site, the Content, your Submissions, these Terms, or any Additional Terms,
whether heretofore or hereafter arising (collectively, "Dispute"), or to any
of our actual or alleged intellectual property rights (an "Excluded Dispute"),
then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded
Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact
information that you provide us. But if no such information exists or if such information is not current, then we have
no obligation under this Section 2.a. Your notice to us must be sent to: My College Options, Inc., 3651 NE Ralph Powell
Rd., Lee's Summit, MO 64064 (Attn: Privacy Coordinator/Legal Compliance). For a period of sixty (60) days from
the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve
the Dispute or Excluded Dispute, though nothing will require either you or us to resolve the Dispute or Excluded Dispute
on terms with respect to which you and we, in each of our sole discretions, are not comfortable.
Forums for Alternative Dispute Resolution.
Arbitration. If we cannot resolve a Dispute as set forth in Section 2.a within
sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance
with this Section 2.b. If we cannot resolve an Excluded Dispute as set forth in Section 2.a within sixty (60) days
of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you
and we consent, in writing signed by you and an Officer or legal representative of myCollegeOptions, to have that
Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be
deemed a "Dispute" for the remainder of this Section 2.b.
Upon expiration of the applicable sixty-day period and to the fullest extent not prohibited by applicable law, a Dispute
will be resolved solely by binding arbitration in accordance with the then current Commercial Arbitration Rules of
the American Arbitration Association ("AAA"). If the Dispute has a claimed value of not more than $250,000,
then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer
with not less than fifteen (15) years' experience as a practicing member of the bar in the substantive practice
area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures
for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if we elect in our sole
discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single
neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to
be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members
or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case
may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these
Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the
record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and
only to the extent to provide relief warranted by that party's individual claim. If you and we do not both consent
to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 2.b(i),
then this paragraph and the remainder of this Section 2.b will not apply to the Excluded Dispute.
If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set
a hearing date within sixty (60) days of the filing of a "demand for arbitration," then either party can
elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS")
using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service
that you and an officer or legal representative of myCollegeOptions consent to in writing. The substantive practice
area requirements for the arbitrator and the $250,000 threshold for a number of arbitrators assigned to the Dispute
set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another
You can obtain AAA and JAMS procedures, rules, and fee information as follows:
Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration,
as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the
prevailing party damages and other relief. HOWEVER, WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION PROCEEDINGS
AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME
IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney
or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in
the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at
the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator's fees
and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws
require us to pay a greater portion or all of such fees and costs in order for this Section 2 to be enforceable,
then we will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted
pursuant to the applicable arbitration rules. The arbitrator's decision must consist of a written statement stating
the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions
on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may
be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration
Act. This arbitration provision shall survive termination of these Terms or the Service.
Limited Time to File Claims. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE
LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE
IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 2.a) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES - OR IT
WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section 2 will not apply to
any legal action taken by us to seek an injunction or other equitable relief in connection with, any loss, cost, or
damage (or any potential loss, cost, or damage) relating to the Site, any Content, your Submissions and/or our intellectual
property rights (including such we may claim that may be in dispute), our operations, and/or our products or services.
No Class Action Matters. Disputes will be arbitrated only on an individual basis
and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy
of any other party. YOU AND MYCOLLEGEOPTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There
shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes
brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly
situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable
or unenforceable, then our agreement in Section 2.b to arbitrate will not apply and the Dispute must be brought exclusively
in court pursuant to Section 2.f. Notwithstanding any other provision of this Section 2, any and all issues relating
to the scope, interpretation and enforceability of this Section 2.e, including the class action waiver provisions contained
herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
Federal and State Courts in Lee's Summit, Jackson and Cass Counties, Missouri. Except
to the extent that arbitration is required in Section 2.b, and except as to the enforcement of any arbitration decision
or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or Federal
court in Lee's Summit, Jackson and Cass Counties, Missouri. Accordingly, you and myCollegeOptions consent to the
exclusive personal jurisdiction and venue of such courts for such matters.
Small Claims Matters are Excluded from Arbitration Requirement. Notwithstanding
the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court,
subject to Section 2.f.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE",
AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, My College Options, Inc.
and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members,
managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively,
myCollegeOptions Parties") hereby disclaim and make no representations, warranties,
endorsements, or promises, expressed or implied, in connection with, or otherwise directly or indirectly related to,
the Service (including the Content and the Submissions), including without limitation:
The functions, features, or any other elements on, or made accessible through, the Service;
Any Content, products, services, or instructions offered, referenced, or linked through the Service;
Security associated with your Account, Submissions, or other data or information;
Whether the Service or the servers that make the Service available are free from any harmful components (including viruses,
Trojan horses, and other technologies that could adversely impact your Device);
Whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful,
timely, or reliable;
Whether any defects to or errors on the Service will be repaired or corrected;
Whether the Service will be compatible with any other specific hardware, software or service;
Whether your access to the Service will be uninterrupted;
Whether the Service will be available at any particular time or location; and
Whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A MYCOLLEGEOPTIONS PARTY, MYCOLLEGEOPTIONS
PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE,
CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply
to the extent such jurisdictions' laws are applicable, and you may have additional rights.
LIMITATIONS OF OUR LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY MYCOLLEGEOPTIONS PARTIES BE RESPONSIBLE OR
LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic,
exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation
loss of profits, in connection with, or otherwise directly or indirectly related to the Service (including the Content
and the Submissions), including without limitation:
Your use of or inability to use the Service, or the performance of the Service;
Any action taken in connection with an investigation by myCollegeOptions Parties or law enforcement authorities regarding
your access to or use of the Service;
Any action taken in connection with copyright or other intellectual property owners or other rights owners;
Any errors or omissions in the Service's technical operation or security or any compromise or loss of your user-generated
content or other data or information; or
Any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage
from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in
operation or transmission, computer line, or network failure or any other technical or other malfunction, including
losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results,
or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and
even if myCollegeOptions Parties were advised of or should have known of the possibility of such losses or damages, regardless
of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in
whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described
above, so the above limitation or exclusion may not apply to you, and you may have additional rights.
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN
NO EVENT WILL MYCOLLEGEOPTIONS PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION
IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO
THE AMOUNT YOU HAVE PAID MYCOLLEGEOPTIONS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED,
HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED
BY MYCOLLEGEOPTIONS OR A MANUFACTURER OF A PHYSICAL PRODUCT.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES
IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR
SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH
YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION
THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS,
PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MYCOLLEGEOPTIONS (INCLUDING YOUR LICENSED
SUBMISSIONS) OR A LICENSOR OF MYCOLLEGEOPTIONS.
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D. Standard Terms and Conditions
These Standard Terms and Conditions set forth various commercial terms and conditions related to your use of the Service,
UPDATES TO TERMS
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to
which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE
TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE
UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN
IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS
AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF
NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO
THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional
Terms each time you use the Service (at least prior to each transaction or submission). Any new Terms or Additional Terms
will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified
in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously
used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply
those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any
notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement
shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page,
your message account and the email you associated with your account for notices, all of which you agree are reasonable
manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Service
and related services.
CONSENT OR APPROVAL
As to any provision in these Terms or any Additional Terms that grants us a right of consent or approval, or permits us to
exercise a right in our "sole discretion," we may exercise that right in our sole and absolute discretion.
No myCollegeOptions consent or approval may be deemed to have been granted by us without being in writing and signed
by an officer of myCollegeOptions.
OPERATION OF SERVICE, AVAILABILITY OF PRODUCTS AND SERVICES AND INTERNATIONAL ISSUES
We control and operate the Service from our U.S.-based offices in the U.S.A., and we make no representation that the Service
is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on
your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable
content, if and to the extent local laws apply. The Service may describe products and services that are available only
in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of
the Service and/or the provision of any content, program, product, service, or other feature described or available on
the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit
the quantities of any content, program, product, service, or other feature that we provide. You agree that the United
Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms,
or to any sale of goods carried out as a result of your use of the Service.
Software related to or made available by the Service may be subject to export controls of the U.S.A. that prohibit software
from the Service from being downloaded, exported, or re-exported (a) into (or to a national or resident of) any country
or other jurisdiction to which the U.S.A. has embargoed (which, as of the effective date of these Terms, includes Cuba,
North Korea, Iran, Sudan, and Syria) has embargoed, or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) to anyone on the U.S. Department
of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations
(including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities
that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible
for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S.
law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user
subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (a) - (c) above.
SEVERABILITY AND INTERPRETATION
If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable
by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or
the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder
of these Terms or the applicable Additional Terms (which will remain in full force and effect). To the extent not prohibited
by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit
a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any
applicable Additional Terms, the word will be deemed to mean "including, without limitation." The summaries
of provisions and section headings are provided for convenience only and shall not limit the full Terms.
ELECTRONIC COMMUNICATIONS AND CONTRACTING
When you communicate with us electronically, such as via email and text message, you consent to receive communications from
us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that
all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent
via the Service, it is intended to be an electronic signature which binds you as if you had signed on paper. You agree
constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.
INVESTIGATIONS, COOPERATION WITH LAW ENFORCEMENT, TERMINATION AND SURVIVAL
You agree that myCollegeOptions shall have the right, without limitation and without any obligation, to: (a) investigate
any suspected breaches of its Service security or its information technology or other systems or networks, (b) investigate
any suspected breaches of these Terms and any applicable Additional Terms or any potential harm to our users or third
parties, (c) use and/or disclose any information obtained by us in connection with the forgoing or to comply with law
authorities in connection with any of the foregoing matters, (e) prosecute violators of these Terms and any applicable
Additional Terms, and (f) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any
applicable Additional Terms, suspend or terminate your access to it, in whole or in part, including any user Accounts
or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any
suspension or termination will not affect your obligations to us under these Terms or any applicable Additional Terms.
Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under
these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of
the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive
your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well
as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice
of law, no class action, and mandatory arbitration.
We may assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any
party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and
you may not delegate your duties under them, without the prior written consent of an officer of myCollegeOptions.
CALIFORNIA CONSUMER RIGHTS AND NOTICES
California residents can obtain information on our privacy practices, including how we comply with the California Online
COMPLETE AGREEMENT AND NO WAIVER
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any
prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly
set forth in these Terms or any applicable Additional Terms, (a) no failure or delay by you or us in exercising any rights,
powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or
modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed
by the party against whom the waiver or modification is sought to be enforced.
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