AskBeforeCollege, LLC Terms of Use

Welcome to the AskBeforeCollege, LLC. ("AskBeforeCollege" or "AskBeforeCollege.com" or "AskAboutCollege.com" or "AskAboutCollege" or "We" or "Us") Website (the "Website"). Please review the following terms and conditions concerning your use of the Website. By accessing, using or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these "Terms" or this "Agreement"). If you do not agree with these Terms, you may not use the Website.

GENERAL USE PROVISIONS

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services ("Materials" or "Content"), are provided either by AskBeforeCollege or by its users ("User" or "Users") or respective third party authors, developers or vendors ("Third Party Providers") and are the copyrighted work of AskBeforeCollege and/or its Users (or is permitted/licensed to be used by the Users) and/or its Third Party Provider, unless specifically provided otherwise. Except as stated herein, none of the Materials may be copied, printed, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of AskBeforeCollege, the User and/or the Third Party Provider. Also, you may not "mirror" or "archive" any Materials contained on the Website on any other server without AskBeforeCollege' prior express written permission.

Except where expressly provided otherwise by AskBeforeCollege, nothing on the Website shall be construed to confer any license under any of AskBeforeCollege's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" section below if you have any questions about obtaining such licenses. Materials provided by Users and Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by AskBeforeCollege. AskBeforeCollege does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by AskBeforeCollege. AskBeforeCollege is not affiliated with, related to, or owned in whole or in part, by any specific University and its use of University names is done for news reporting and comparison purposes only and not to imply any affiliation therewith.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws.

LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than AskBeforeCollege. AskBeforeCollege is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. AskBeforeCollege is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AskBeforeCollege of the linked website, except as specifically stated thereon. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

SUBMISSIONS

Except where expressly provided otherwise by AskBeforeCollege, all comments, feedback, information and data submitted to AskBeforeCollege through or in association with the Website ("Submissions") shall be considered non-confidential and AskBeforeCollege's property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method AskBeforeCollege sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. By providing such Submissions to AskBeforeCollege, you agree to assign to AskBeforeCollege, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions except as expressly enumerated in the preceding sentence. AskBeforeCollege shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not AskBeforeCollege, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

CHILDREN

AskBeforeCollege does not accept Submissions from persons under age 14 ("Child" or "Children"). Furthermore, AskBeforeCollege does not accept any user who is a Child and does not accept any Submissions from Children. You are ineligible to use this Website if you are under age 14. If you are under age 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian?s consent to these terms is ongoing and they herby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point You hereby give Your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants AskBeforeCollege all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under 18). If you do so, AskBeforeCollege reserves the right to cancel or suspend your account. Furthermore, AskBeforeCollege reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using AskBeforeCollege for improper purposes, or any purpose inconsistent with its business. AskBeforeCollege will not arbitrate disputes among Users and those Users with disputes are encouraged to deal with the dispute directly with the User they have a dispute with, unless it, in its sole discretion decides it beneficial to do so.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ASKBEFORECOLLEGE, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. ASKBEFORECOLLEGE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ASKBEFORECOLLEGE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS, IMAGES OR DATA CONTAINED ON THE WEBSITE, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. ASKBEFORECOLLEGE DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. YOUR USE OF THE INFORMATION OR CURRENT IS AT YOUR OWN RISK AND YOU EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH USING THE INFORMATION OR CONTENT PROVIDED BY ASKBEFORECOLLEGE AND ITS USERS.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ASKBEFORECOLLEGE EXCEED $1,000.00. IN NO EVENT SHALL ASKBEFORECOLLEGE OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".

LICENSES FROM ASKBEFORECOLLEGE

You are being granted solely a limited license, in compliance with these terms.

LICENSES FROM CUSTOMER

You grant to AskBeforeCollege and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to AskBeforeCollege by You in the course of using the Website. Notwithstanding the foregoing, AskBeforeCollege's obligations regarding identification and other information concerning You shall be governed by the terms of the Privacy Policy available at http://www.AskBeforeCollege.com/ABCPrivacy.dlwe. The Terms of the Privacy Policy are herein expressly incorporated herein as though set forth in full.

DONATIONS

Any reference on the Website to "donations" or "revenue sharing" with any entity is an approximation of monies to be paid before deductions of applicable costs and fees applicable to that entity. The references may not be accurate nor comply with the amount actually paid or subject to be paid to an entity. While some efforts are taken to ensure the accuracy of all information on the Website, AskBeforeCollege does not guarantee the accuracy thereof. The amounts listed do not include the deductions for applicable costs and fees, which AskBeforeCollege, in its sole discretion, may adjust as it deems commercially appropriate.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement. AskBeforeCollege warrants that (a) it will provide the Service and all Services in a manner consistent with generally accepted industry standards, and (b) the Service will perform substantially in accordance with its online documentation under normal use. To the extent that You represent an entity of any type or any individual besides yourself, You represent and warrant that you have the proper authority to enter into this Agreement their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ASKBEFORECOLLEGE AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICE, THE MATERIALS, AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICE. ASKBEFORECOLLEGE AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, THE MATERIALS, OR THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICE, THE MATERIALS, OR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASKBEFORECOLLEGE AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE SERVICE, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER ASKBEFORECOLLEGE NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE AND MATERIALS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ASKBEFORECOLLEGE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ASKBEFORECOLLEGE, THE SERVICE, THE SERVICES, AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. ASKBEFORECOLLEGE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. USERS USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT THEIR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify AskBeforeCollege and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against AskBeforeCollege or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to You. AskBeforeCollege shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service, the Website, the Services, or the Materials other than in accordance with this Agreement; (b) the combination of the Service, the Website, he Services, or the Materials with any other products, services, or materials; or (c) any third party products, services, or materials.

CUSTOMER RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which AskBeforeCollege controls and operates the Service. Furthermore, You expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

NOTICES

AskBeforeCollege may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in AskBeforeCollege's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in AskBeforeCollege's account information. You may give notice to AskBeforeCollege at any time by letter sent by confirmed facsimile to AskBeforeCollege, fax number (949)221-8635 or by letter delivered by registered mail with return receipt to AskBeforeCollege at the address set forth above. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, AskBeforeCollege complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to AskBeforeCollege?s designated agent via email at legal@askbeforecollege.com or via registered US mail sent return receipt to DMCA Compliance Agent, AskBeforeCollege, 17462 Von Karman Ave. Irvine, CA 92614.

GENERAL PROVISIONS

Any action related to this Agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California and to arbitration as stated herein. At the request of AskBeforeCollege, any controversy or claim related to this Agreement ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of AskBeforeCollege, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of AskBeforeCollege to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorney fees.

This Agreement represents the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. AskBeforeCollege reserves the right to change these Terms or its policies relating to the Website at any time, and such changes will be effective upon being posted herein. Your continued use of the Website after any such changes shall constitute Your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between AskBeforeCollege and You as a result of these Terms or use of the Service or Website. You may not assign this Agreement without the prior written approval of AskBeforeCollege. Any purported assignment in violation of this section shall be void. AskBeforeCollege reserves the right to use Third Party Providers in the provision of the Service, Materials, or Services hereunder. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any rights not expressly granted herein are reserved by AskBeforeCollege.

This Website may include inaccuracies or typographical errors. AskBeforeCollege and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. AskBeforeCollege may periodically make changes to the Website. Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. AskBeforeCollege has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by AskBeforeCollege.

INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by AskBeforeCollege.

AskBeforeCollege, AskBeforeCollege.com, the AskBeforeCollege logo and/or other AskBeforeCollege identifiers referenced herein are trademarks of AskBeforeCollege, and may be registered in certain jurisdictions. Other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.

Copyright © 2008 AskBeforeCollege, LLC, 17462 Von Karman Ave. Irvine, CA 92614. All rights reserved.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact AskBeforeCollege at (949)477-9831, via e-mail at legal@askbeforecollege.com, or via U.S. Mail at 17462 Von Karman Ave. Irvine, CA 92614.