TERMS & CONDITIONS OF USE
1. Definitions:
“ACP” refers to Advantage College Planning, LLC.
“Agreement” refers to these Terms & Conditions of Use
“You” shall refer to you, the individual entering into this Agreement with ACP
“Website” refers to a web interface you access and is owned by ACP
“Service” refers to any service provided by ACP through one of its Websites
2. Terms
By accessing ACP Websites, You are agreeing to be bound by the Terms & Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing any Websites or Services provided by ACP. The materials contained within ACP Websites are protected by applicable copyright and trade mark law.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on ACP’s Websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on any ACP's Websites, servers, or databases;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if You violate any of these restrictions and may be terminated by ACP at any time. Upon terminating your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Disclaimer
THE MATERIALS ON ACP’S WEBSITES ARE PROVIDED “AS IS”. ACP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ACP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITES AND SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO ITS WEBSITES.
5. Limitations of Liability
IN NO EVENT SHALL ACP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR COLLEGE ADMISSION ELIGIBILITY,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AND SERVICES ON ACP’S INTERNET WEBSITES, EVEN IF ACP OR AN ACP AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Idemification
You agree to defend, indemnify, and hold harmless ACP, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website or Services, (ii) your violation of these Terms of Service, (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (iv) any submission by You that causes damage to a third party. To the extent you upload any information relating to an individual under the age of 13, You agree to defend, indemnify, and hold harmless ACP, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with any claim asserted by, or on behalf of, such individuals against ACP.
You shall cooperate as fully as reasonably required in the defense of any claim. ACP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of ACP without ACP’s prior written approval.
7. Assignment
These Terms & Conditions of Use may not be assigned by You without the prior written approval of ACP. ACP may assign these Terms & Conditions of Use without your consent.
8. Severability
If any provision of these Terms & Conditions of Use is deemed invalid or unenforceable under any statute, regulation, ordinance, or by an arbitrator or court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, arbitrator, or court, and the remaining provisions shall remain in full force and effect.
9. Revisions and Errata
The materials appearing on ACP's Websites could include technical, typographical, or photographic errors. ACP does not warrant that any of the materials on its website are accurate, complete, or current. ACP may make changes to the materials contained on its Websites at any time without notice. ACP does not, however, make any commitment to update the materials.
10. Links
ACP has not reviewed all of the sites linked to its Internet Websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ACP of the external site. Use of any such linked website is at your own risk.
11. Site Terms of Use Modifications
ACP may revise the terms of this Agreement for its Websites at any time without notice. By using this ACP Websites you are agreeing to be bound by the then current version of this Agreement.
12. Governing Law
Any claim relating to ACP's website shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.