General Terms and Conditions
These Terms apply to your access and use of our site located at www.CollegeMapper.com and CollegeMapper's mobile application on all platforms for which one exists. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf.
We reserve the right to change or modify these Terms or any policy or guideline of the Site and the Services we offer at any time. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address), and/or by prominently posting notice of the changes on our website. Your use of the Site and the Services will be subject to the most current version of these Terms posted on the Site at the time of your use. We recommend that you check our website from time to time to inform yourself of any changes in these Terms or any of our other policies.
The Site is intended to be interesting and useful to visitors of all ages. CollegeMapper values the privacy and safety of children (and adults) who may visit the Site. If you are under age 13, you must obtain your parent or guardian's consent before registering or otherwise providing any personal information to the Site or participating in the CollegeMapper community in any way. These Terms explain what you need to do, and it is very important that you read the section below titled "Children Under Age 13" for complete directions. If you are a child under age 13 and have questions about these Terms, or anything else on the Site, please ask your parent or guardian for help. If you are a parent or guardian of a child under age 13 or are interested in the Site's policy for collection of personal information from children, please see our Message to Parents.
No such consent shall be required for a transfer for value of all or substantially all of CollegeMapper's assets, whether such transfer is effected by asset sale, merger, stock sale or otherwise.”
Trademarks and Materials
CollegeMapper's designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the "Site Materials") are all property of CollegeMapper and are protected by intellectual property law. Use of these items is subject to the Terms and is only permitted within normal use of the Service. Your use of the Service grants you no right or license to reproduce or otherwise use any CollegeMapper or third-party trademarks.
Applicable Law and Venue
These Terms and your use of Services will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these service terms will be filed only in the state and federal courts located in Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these site terms.
Your Rights and Responsibilities
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our service ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Children Under Age 13
We recognize that some of our potential members are under the age of 13, but want to take advantage of all of the benefits CollegeMapper offers via the Site. Full participation in the Site requires the collection and submission of personally identifiable data. Rather than blocking or restricting access to the Site to those 13 years of age or older, CollegeMapper has opted to make its on line services available to everyone. In doing so, CollegeMapper desires to comply with the requirements of The Children's Online Privacy Protection Act (COPPA). Effective as of April 2000, COPPA was established by Congress to protect children's online privacy. COPPA requires that Web site operators adhere to specific guidelines regarding the collection and handling of personally identifiable information about children under the age of 13. COPPA also requires that we provide parents of our younger members with certain information and obtain parental consent prior to permitting members under the age of 13 to access and use the Site. For more information about COPPA and your child's rights to online privacy, visit the FTC's Kids' Privacy Web site for parents at http://business.ftc.gov/documents/bus45-how-comply-childrens-online-privacy-protection-rule.
Information Collected from Children
CollegeMapper collects personal information from all of its users, including children under 13 years old. While children can view some of the Site content without registering or providing this information, full access to the Site requires registration, and personal information will be collected automatically. Content that is available without a user logging in does not require the collection of personal information. This content may include articles, college profiles, and public user profiles.
If a child under 13 chooses to register for the Site, we will collect different information at various stages of the child's interaction with CollegeMapper. The operator of the Site in charge of data collection is Susanna Cerasuolo, who can be reached at firstname.lastname@example.org or 939 NE Boat St. Seattle, WA 98105.
The Children's Registration Process: During our registration process we collect a child's first name and last name, parent's e-mail address, parent's telephone number, child's email address, and child's birth date. The child is also asked to create a password. We collect birth dates to validate the ages of our guests, including children. We will not condition a child's participation in an online activity on the child providing more personal information than is reasonably necessary.
Children Participating in the Site: When a child registers and uses the Site, there will be many opportunities for the child to voluntarily enter other personal information, just like all other users. This information is generally related to college applications and making decisions about higher education. This may include academic information, hobbies, test scores, potential school choices, photos, videos, and any information volunteered in communication between the child and other site users via personal messages or other communication tools provided by the Site. We recommend that our members never disclose their home addresses, home telephone numbers, or other personal information outside of the secure registration process. This is of particular concern in the case of children, and parents should remind their children that it is never okay to disclose information online that would allow a stranger to know how to contact the child beyond using the messaging function through the Site.
Parents have the option to agree to the collection and use of the child's information without consenting to the disclosure of the information to third parties. Parents can review their children's personal information, ask to have it deleted and refuse to allow any further collection or use of their children's information. If a parent would like to exercise these rights, an email should be sent to email@example.com with the subject line "COPPA Compliance Request."
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations.
You are granted a limited, non-sub-licensable license to access our Site and use the Services, and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include: (i) any resale or commercial use of the site or Services or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our Site, the Services, or the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; or (vi) any use of our Site, the Services, or the Site Materials other than for their intended purpose.
Any use of our site, the Services or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Our site allows users to create, upload, and share information in connection with the Services. The site allows you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others ("User Content"). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our service any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;
User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using and benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
User Content that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and
User content that attempts to disrupt the CollegeMapper Site or Services.
CollegeMapper's Rights and Responsibilities
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the Site. Although we have no obligation to screen, edit or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere on our Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and Advertiser and Corporate Partner Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our service, at your sole cost and expense.
We do not own the User Content you post on or otherwise submit to the Site, but in posting and/or otherwise submitting User Content to our service, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
The Services that CollegeMapper provides are always evolving and the form and nature of the Services that CollegeMapper provides may change from time to time without prior notice to you. In addition, CollegeMapper may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage of User Content at our sole discretion at any time without prior notice to you.
We have the right, without notice and in our sole discretion, to terminate your license to use our Site and/or the Services, and to block or prevent your future access to and use of our site and/or Services.
Advertisements and Promotions
We allow advertisers and corporate partners to post content on our site and within our Services and provide links to sites and content of third parties (collectively the "Advertiser and Corporate Partner Content") as a service to those interested in this information. These advertisements may be targeted to users based on information they provide through use of the Site or the Services, queries made through the Services, or other information. We do not control, endorse or adopt any Advertiser and Corporate Partner Content and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by CollegeMapper on the Site or in connection with the Services are subject to change.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Site Materials, and/or our Services; (ii) your conduct; (iii) your violation of these Terms or your violation of the rights of any third party; or (iv) any User Content posted by you.
THE COLLEGEMAPPER SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE COLLEGEMAPPER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. COLLEGEMAPPER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COLLEGEMAPPER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE COLLEGEMAPPER SITE AND SERVICES. COLLEGEMAPPER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY COLLEGEMAPPER SERVICE. COLLEGEMAPPER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY COLLEGEMAPPER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COLLEGEMAPPER SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE COLLEGEMAPPER SERVICES.
YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COLLEGEMAPPER SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK. WE DO NOT WARRANT THAT ANY CONTENT OR SUBMISSIONS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST COLLEGEMAPPER, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SERVICES AND CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
COLLEGEMAPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL COLLEGEMAPPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY COLLEGEMAPPER, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLEGEMAPPER IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, COLLEGEMAPPER'S AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our service and/or terminate accounts of any users for reasons of our own discretion, that we are not obligated to reveal, at any time.
If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Susanna Cerasuolo
Full address of Designated Agent to which notification should be sent: 925 NE Boat St. Seattle, WA 98105
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Questions & Contact Information
Questions, comments, COPPA compliance requests, and any other correspondence regarding our site may be directed to us at the email address info@CollegeMapper.com.
Last Updated: June 27, 2014