Website Terms and Conditions

Last Updated: June 25, 2020


These terms and conditions ("Terms") apply to your use and access of web sites owned and operated by Canopy Education, Inc., dba CollegeVine ("CollegeVine" and/or the "Company"), including, but not limited to www.collegevine.com and blog.collegevine.com (together the “CollegeVine Sites”). By using a CollegeVine Site and/or creating an account on a CollegeVine Site, you accept these Terms. CollegeVine may revise these Terms at any time by updating them as they are displayed on the CollegeVine Sites. We are not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals or entities accessing this CollegeVine Site.

Use of CollegeVine Sites

Permitted Use and Use Restrictions

CollegeVine authorizes you to view and access CollegeVine Sites solely for your personal, non-commercial use to aid in your college search, application and matriculation process ("Permitted Use"). Your Permitted Use of the CollegeVine Sites is conditioned upon the following restrictions:

You agree that you will not, under any circumstance,

post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

use any CollegeVine Site for any purpose that violates of any applicable U.S. federal, state or foreign law;

attempt to, or harass, abuse or harm another person or group;

make any automated use of the website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

bypass any robot exclusion headers or other measures we take to restrict access to the website or use any software, technology, or device to scrape, spider, or crawl the website or harvest or manipulate data;

copy or adapt any of the Web Site Content (defined below) or the underlying code with respect to any portion of any CollegeVine Site or the content appearing therein;

use any CollegeVine Site to violate the privacy (e.g., by improperly accessing Personal Information) or infringe the intellectual property rights of any third party;

use any device, software or routine to interfere or attempt to interfere with the proper working of any CollegeVine Site;

use or attempt to use any engine, software, tool, agent or other device or mechanism (including, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search any CollegeVine Site other than the search engine and software available from CollegeVine on such CollegeVine Site and other than generally available third party web browsers;

attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithm related to any CollegeVine Site;

attempt to compromise the security or privacy of another CollegeVine user's personal information;

aggregate, copy or duplicate any of the Web Site Content or information available from any CollegeVine Site;

intercept or access data the user is not authorized to access;

attempt to scan the vulnerability of a system or network or to breach security or authentication measures without CollegeVine's prior express written authorization; or

attempt to interfere with service to any user, host or network, including transmitting a virus to any CollegeVine Site or similar malicious activity.

Proprietary Rights

You acknowledge and agree that CollegeVine, and our licensors, retain ownership of all intellectual property rights of any kind related to the CollegeVine Sites. This shall include applicable copyrights (including text, images, graphics, logos, links, button icons, software and other content), trademarks and other proprietary rights (collectively, "Web Site Content"). Other product, company, or educational institution names that are mentioned on the CollegeVine Sites may be trademarks of their respective owners. Use of any CollegeVine trademark or any other trademark listed is prohibited without express written consent.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the CollegeVine Sites, whether orally, graphically, in writing or otherwise, should not necessarily be relied upon. Authors of such information are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the CollegeVine Sites and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, statement, or information made or provided by parties other than the Company. The Company takes no responsibility and assumes no liability for any content on the website. Under no circumstances will the Company be responsible for any loss or damage resulting from your reliance on information or other content posted on the website, or transmitted to you.

Privacy Policy

CollegeVine respects the privacy of website users. Please refer to the Company’s Privacy Policy (found here) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the CollegeVine Sites, you signify your agreement to this Privacy Policy.

User Content

Through the use of CollegeVine Sites, you may, from time to time, submit, upload, publish, or otherwise make available to CollegeVine, your content, reviews, feedback, and other information ("User Content"). Any User Content provided by you remains your property, and any Personal Information that you submit as part of User Content shall be subject to CollegeVine’s Privacy Policy, referenced above.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to deliver the User Content to CollegeVine and to grant CollegeVine the license to the User Content as set forth below; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor CollegeVine’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of personality, publicity or privacy, or any moral rights, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that (i) is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, deceptive, or otherwise offensive, as determined by CollegeVine in its sole discretion, whether or not such material may be protected by law, (ii) advertises funds, goods or services or contains viruses or other material that may damages another's computer, (iii) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or (iv) otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions". CollegeVine may, at its sole discretion, review, monitor, or remove User Content, at any time and for any reason, without notice to you. However, CollegeVine is no obligation to review, monitor or remove User Content.

Finally, by providing User Content, you grant CollegeVine and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, record, translate, create derivative works from and distribute the User Content or incorporate the User Content into any form, medium, or technology now known or later developed, for any purposes.

Age Requirement

CollegeVine Sites and the services offered on them are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.

Password

When you register at certain CollegeVine Sites, you may be asked to create a password for future access to your CollegeVine Site account. You must maintain the confidentiality of your password as you are responsible for all activity that occurs under your account when authenticated with your password. You agree to notify CollegeVine immediately of any unauthorized use of your account or password, or any other breach of security. You will be able to permit others to access your account and information, such as a school counselor or advisor, and each person will set their own password the first time they access your account. Your granting of permission to these other users is at your own risk and CollegeVine is not responsible for any action taken by those other users. If you lose your password, CollegeVine may email your password to the email address in our records and associated with your account. CollegeVine is not liable for any misuse as a result thereof.

Violation of These Terms

Any violation of these Terms as determined by CollegeVine in its sole discretion may result in the immediate denial of access to the CollegeVine Sites. CollegeVine may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.

Interaction With Other Users

The CollegeVine Sites may contain chat rooms, public posting forums, interactive live events, and other forums and features permitting direct communications with other users and CollegeVine advisors (each a "Public Access Area"). Any information provided by you in a Public Access Area is public. CollegeVine is not responsible for any information posted and/or viewed in Public Access Areas. You may not post content to a Public Access Area that violates any applicable law, contains offensive or abusive content, infringes any third party intellectual property rights, advertises or solicits funds, goods or services or contains viruses or other material that may damages another's computer, or otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions".

CollegeVine may remove any content from any Public Access Area at any time and without notice. By posting in a Public Access Area any content authored or owned by you, you automatically waive all rights to any intellectual property that may be contained in such posting and, if for any reason that waiver is determined to be invalid, you grant to CollegeVine and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purposes.

The CollegeVine Sites may also contain features permitting you to post content to the Sites for private review and feedback by other users and by CollegeVine personnel, such as peer review of essays (“Private Review Area”). CollegeVine uses algorithms to automatically match requests for review of content to potential reviewers. CollegeVine is not responsible for any information posted, viewed, reviewed or commented on using the Private Review Area. You may not post content to the Private Review Area that violates any applicable law, contains offensive or abusive content, infringes any third party intellectual property rights, advertises or solicits funds, goods or services or contains viruses or other material that may damages another's computer, or otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions". All content posted to the Private Review Areas must be your original materials and ideas and must not infringe the intellectual property rights of others.

You understand that by posting your content to either or both the Public Access Areas and Private Review Areas, a user could plagiarize your materials. While this is a violation of our community guidelines and these Terms, CollegeVine has no control over such activity and disclaims any obligation to police, monitor or take any action relating to such plagiarism. Further, while submission of content to the Public Access Areas and/or Private Review Areas does not require you to provide any personal information, you acknowledge that your content may include information that might expose your identity as a result of such content. If you are concerned about such exposure you should take efforts to modify your content so you are not potentially subject to such exposure or you should consider whether or not use of the Public Access Areas and/or Private Review Areas is appropriate for you.

You further acknowledge that additional terms and conditions may apply to the use of the Public Access Areas and Private Review Areas, including frequency of use of the Public Access Areas or Private Review Areas and community guidelines relating to plagiarism, appropriate content, and helpful feedback. We reserve the right to restrict your ability to access the Public Access Areas and Private Review Areas for any reason, with or without notice, including for violation of these Terms or the community guidelines.

By using the Public Access Areas and Private Review Areas, you grant to CollegeVine the right to use your content to improve the services and features offered by CollegeVine. We may, among other uses, utilize your content in an aggregated, anonymized manner to implement and develop features for the site and to develop metrics based on your usage of these features.

CollegeVine disclaims all responsibility for the quality, timeliness, appropriateness and value of any content, information, or review provided to you through the Public Access Areas and Private Review Areas and the use of your content by reviewers of content. You agree that you are using the Public Access Areas and Private Review Areas at your sole risk.

Advocate Terms

The CollegeVine Sites may also contain features that facilitate your communication with selected colleges and the negotiation of financial aid awards (“Advocate”). Advocate serves as an intermediary in order to facilitate your negotiation of a financial aid award with certain educational institutions. In order to use Advocate, you must upload your acceptance letters and financial aid offers from the educational institutions. You hereby consent to CollegeVine sending the institutions your name, contact information, and a summary of the verified aid and admissions offers.

You agree that you will only submit true, correct and original acceptance letters and financial aid offers. You may not post content to Advocate that violates any applicable law, or infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity. You consent to our sharing your personal information and your financial aid offer, if any, with the educational institutions who have offered you admission and who you signal you are interested in negotiating a financial aid package.

You understand that your use of Advocate is not a guarantee that an educational institution will actually negotiate your financial aid package. CollegeVine takes no responsibility for the negotiation. CollegeVine only serves as the coordination platform to connect you to educational institutions to discuss financial aid packages. The outcome of any negotiation is entirely at the discretion of the educational institution and you. CollegeVine provides no guarantee that your final tuition bill will be reduced at the institution at which you choose to matriculate. CollegeVine has no liability if your correspondence with the educational institution is not received or is only partially received. It is your responsibility to confirm with the educational institution that your correspondence has been received.

You further acknowledge that additional terms and conditions may apply to the use of Advocate, including community guidelines, appropriate behavior, and helpful feedback. We reserve the right to restrict your ability to access the Advocate for any reason, with or without notice, including for violation of these Terms or the community guidelines.

By using Advocate, you grant to CollegeVine the right to use your content to improve the services and features offered by CollegeVine. We may, among other uses, utilize your content in an aggregated, anonymized manner to implement and develop features for the site and to develop metrics associated with Advocate.

No Warranties

CollegeVine Sites are a venue for students and their parents to learn about colleges and universities, the admissions process, financial aid alternatives, and other college admissions topics. CollegeVine does not control, and is not involved in, admissions or financial aid decisions or negotiations or the admission process between colleges, universities and students. CollegeVine is not responsible for transactions with advertisers appearing on a CollegeVine Site or in newsletters.

The Web Site Content may contain inaccuracies or typographical errors. CollegeVine makes no representations about the accuracy, reliability or completeness, of any CollegeVine Site or the Web Site Content or the timeliness of any services therein provided. The use of the CollegeVine Sites and the Web Site Content is at your own risk. Changes are periodically made to the CollegeVine Sites. While we will endeavor to make these changes at a time least likely to interfere with your use of any CollegeVine Site, such changes may be made at any time.

Certain Web Site Content may contain information about paying for college, financial aid, and related tax or legal consequences. You understand that this content is provided for informational purposes only and is not a substitute for professional advice from qualified practitioners. You should always seek professional advice tailored to your individual circumstances.

Certain portions of the Web Site Content may indicate to you your likelihood of admission to a particular college or university. Such services are for directional purposes only and should not be relied upon in your college search process. Always talk to experts such as college admissions personnel and high school counselors if you are unsure of your chances of admission to a particular college or university. You assume all risks regarding your use of this tool and understand that any decision to apply or not to apply to any particular college or university and the resulting consequences are your sole responsibility.

THE COLLEGEVINE SITES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COLLEGEVINE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE COLLEGEVINE SITES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COLLEGEVINE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE COLLEGEVINE SITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE COLLEGEVINE SITES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLEGEVINE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE COLLEGEVINE SITES OR THE WEB SITE CONTENT; (B) THE COLLEGEVINE SITES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE COLLEGEVINE SITES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH COLLEGEVINE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLEGEVINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Links to Other Sites And/Or Materials

On the CollegeVine Sites, CollegeVine may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to CollegeVine Site users. CollegeVine has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CollegeVine, and CollegeVine is not responsible for any Third Party Sites accessed through the CollegeVine Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Third Party Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by CollegeVine. If you decide to leave the CollegeVine Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the CollegeVine Sites or relating to any applications you use or install from the site.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of any CollegeVine Site.

Indemnity

You agree to defend, indemnify, and hold harmless CollegeVine, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of the use of any CollegeVine Site by you or any account you created. CollegeVine will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. CollegeVine reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide CollegeVine with any cooperation CollegeVine reasonably requests.

Modification of Terms

These Terms may be amended at any time and from time to time, by a revised posting on this page and updating the Last Updated date. We do not undertake any obligation to otherwise notify you of such amendment. If you continue to use the CollegeVine Sites, you signify your agreement to our revisions to these Terms. All provisions of these Terms that by their nature must survive the termination of your use of a CollegeVine Site will survive, including the Limitation on Damages and Indemnity.

General Terms

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of CollegeVine to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with CollegeVine must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the CollegeVine Sites are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.

CollegeVine makes no claims that any CollegeVine Site or the Web Site Content may be lawfully viewed or accessed outside of the United States. If you access a CollegeVine Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

CollegeVine may assign or delegate these Terms and/or CollegeVine’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without CollegeVine’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY AT collegevine.com/legal/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS.

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