1. Ownership. The Site is owned and operated by Company. All right, title, and interest in any and all content, including but not limited to information, images, photographs, data, databases, graphics, audio, video, and other materials appearing or included on the Site (collectively, the “Content”) is proprietary to Company and its affiliates.
2. Content and Services. The Site offers certain services, products, information, and/or other materials (the “Services”) with regard to applying, and paying for colleges. The Site, Services, Content and any other materials contained therein are provided for illustrative purposes only, and solely for your convenience. The Site, Services, Content and any other materials contained therein is not offered as, and does not constitute, any legal, professional, or other advice. The Site, Services, Content and any other materials contained therein are not intended as a substitute for professional advice. The Site, Services, Content and any other materials contained therein do not contain all information available on any subject, and have not been created or offered to be specific to any individual’s or organizations’ situation or needs. Therefore, the Site, Services, Content and any other materials provided therein should not serve as the ultimate source of any subject, and should not be relied upon as the basis for any decision or action.
3. Intellectual Property. The Site, Services, Content and any other materials contained therein, in whole or in part, are protected by intellectual property laws, including but not limited to laws regarding trademarks, copyrights, patents, and trade dress.
3.1 Trademark. The trademarks and logos used on the Site are exclusively owned by Company or are used with permission from the owner of such trademark or logo.
3.2 Copyright. Company or Company affiliates exclusively own(s), or has permission from the respective owners to use materials protected by, the copyright to all rights, title, and interest in the Site, Services, Content and any other materials contained therein, in whole or in part.
4. Restriction of Use. Except as set forth herein, no copyrightable material, Content, or other content may be modified, copied, reproduced, posted, transmitted, displayed, transferred, performed, or sold, and derivative works cannot be created utilizing such copyrightable material, Content, or other content, without the express prior written consent of Company or the respective copyright owner.
5. Use License. Permission is granted to temporarily download one (1) copy of the Content on the Site for personal, non-commercial transitory viewing only. This is the grant of a non-exclusive license, and not any transfer of title.
6. User Conduct. The permission granted to you in Section 5 of this Agreement requires that you comply with all applicable laws, rules, and regulations while using the Site or the Services, Content and any other materials contained therein, and all of the terms of this Agreement, including the following User conduct guidelines. By accessing or using the Site, you acknowledge and agree that you will not:
(i) Modify or copy the Site, Content or any other materials contained therein;
(ii) Use the Site for any fraudulent or unlawful purpose;
(iii) Use the Site, Content or any other materials contained therein for any commercial purpose, or for any public display (commercial or non-commercial);
(iv) Attempt to decompile or reverse engineer any software contained in the Site;
(v) Remove any copyright or other proprietary notations from the Site, Content or any other materials contained therein;
(vi) Transfer the material to another person or entity, or “mirror” the Site, Content or any other materials contained therein on any other server; or
(vii) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available to you and the general public.
7. Disclaimer and Limitation of Liability.
7.1 The information and materials included on the Site are provided “as is” and any use of the Site, Content, Services, or any other materials contained therein are at your sole risk.
7.2 Company 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.
7.3 Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this site, such as the Links To Third Party Sites and Links From Third Party Sites, as defined below.
7.4 In no event shall Company, its affiliates or suppliers be liable for any damages, including, but not limited to, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on the Site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.
7.5 Company specifically disclaims any responsibility for any physical, psychological, emotional, financial, or other damages including, but not limited to, liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the information and/or content of the Site, Services, Content and any other materials contained therein, and shall have no liability or responsibility to any person or entity regarding any loss or damage incurred, or alleged to have incurred, directly or indirectly, by the use and application of any of the information and/or content of the Site, Services, Content and any other materials contained therein.
8. Registration and Passwords. In order to access certain services or areas of the Site, you may be required to register a user name and password with us. Company reserves the right to refuse to grant you a user name for any reason. Your user name and password are personal to you, and are not for use by any individuals or entities other than you. You are responsible for all interaction and activity with the Site that occurs in connection with your user name. You hereby agree that you will not transfer or lend your user name or password to any individual or entity. It is your responsibility for maintaining the confidentiality of any password you may utilize to access the Site.
9.1 The Site may offer or provide links to other websites or Internet resources that are independently owned and/or operated by third parties, namely parties other than Company (“Links To Third Party Sites”). Because such Links to Third Party Sites are independent from Company and the Site, Company has no control over the content and resources contained therein. Additionally, other websites or Internet resources that are independently owned and/or operated by third parties, namely parties other than Company, may provide links to the Site through their respective websites (“Links From Third Party Sites”). Company has not reviewed all of the Links To Third Party Sites and Links From Third Party Sites and is not responsible for the content of any such sites. You hereby acknowledge and agree that Company and its affiliates are not liable and make no warranties with regard to the accuracy, completeness, and/or timeliness of the content or resources contained in the Links To Third Party Sites or Links From Third Party Sites. Additionally, you hereby acknowledge and agree that your use of any of the sites or resources contained in the Links To Third Party Sites and Links From Third Party Sites, including but not limited to your use of any data, information, advertising, products, or other materials, is at your own risk and is subject to any terms of conditions that appear therein.
9.2 The existence of any Links From Third Party Sites, and Company’s inclusion of any Links To Third Party Sites, does not imply that Company, its affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers or its affiliates sponsor, endorse, or are affiliated and/or associated with such sites.
10. Revisions and Errata. The Content and any other materials appearing on the Site may include technical, typographical, photographic, or other errors. Company does not warrant that any of the materials appearing on the Site, including the Content, are accurate, complete, or current. Company may make changes to the materials appearing on the Site at any time without notice. Company does not, however, make any commitment to update the materials.
11. Modification. Company may revise the terms contained in this Agreement at any time without notice to you. By using the Site, you are agreeing to be bound by the then-current version of this Agreement. Company reserves the right to modify or discontinue, either temporarily or permanently, the Site with or without notice, and at any time and from time to time. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of modifications.
12. Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Site, Services, Content, and any other material contained therein, and Company may immediately revoke your access to the Site, Services, Content, and any other material contained therein. Company’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
14. Indemnity. Except to the extent prohibited by law, you agree to defend, indemnify and hold harmless Company, its affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses, including but not limited to attorney’s fees, arising out of the following: your use, or activities in connection with, the Site; and (ii) any violation, whether actual alleged, of the terms of this Agreement.
15. Governing Law; Choice of Forum. Any claim relating to the Site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby agree to the exclusive jurisdiction of the federal and state courts located in Westchester County, State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
16. Contact. If you have any questions, comments, or complaints regarding this Agreement, the Site, or the contents therein, please contact Company at info@GreenbergEducationalGroup.com.