The collegeplannerpro.com website is owned and operated by CounselorDock Inc. doing business as CollegePlannerPro (“CollegePlannerPro”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
“Agreement” refers to these Terms of Service.
“Content” shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video. “Content” does not include User Submitted Content as defined below.
“CollegePlannerPro” refers to CounselorDock Inc. doing business as CollegePlannerPro.
“Services” shall refer to the services provided by CollegePlannerPro through the Website.
“User Submitted Content” shall refer to any content that You submit to the Website, including, but not limited to, text, graphics, images, audio, and video.
“Users” shall refer to anyone who uses CollegePlannerPro’s Services, including users of the Website.
“Website” refers to the CollegePlannerPro.com website.
“You” shall refer to you, the person who is entering this Agreement with CollegePlannerPro.
2. Acceptance of the Terms of Service
3. Use of Website, Content, and Services
The Website, Content, and Services are owned by CollegePlannerPro and constitute proprietary information and property that are protected by United States copyright and/or trademark law, as well as applicable foreign laws.
CollegePlannerPro hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use; (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
4. Rules of Use
As a condition for your use of the Website and Services, You agree (i) not to use the Services for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to engage in any behavior that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by CollegePlannerPro in its sole discretion; and (iii) not to interfere or disrupt the Services or servers or networks connected to the Services, including, but not limited to, transmitting any works, viruses, spyware, malware, or any other destructive code. CollegePlannerPro has the right to interrupt, suspend, or terminate the Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.
5. Relationship of Parties
No joint venture, partnership, employment, or agency exists between You and CollegePlannerPro, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
6. Account Information
You will need an account to use the Services. You shall protect any passwords and account information and take full responsibility for your own, and any third party, use of your account. If You learn of any unauthorized use of your password or account, contact CollegePlannerPro immediately.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted. The “Account Owner” is considered to be the individual who creates the account. That individual is required to list a first and last name, business name, and email address within the platform. The Account Owner may update this information at any time. CollegePlannerPro does not in any way verify businesses (name, legal formation, ownership, or other attributes) upon account creation or at any point during the membership. If a business with multiple members/partners/employees creates an account, only one individual may technically be the Account Owner. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you like (For more details on sub-accounts, see Section 7).
You are responsible for all User Submitted Content posted and activity that occurs under your account.
7. Payment and Fees
If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. You can view the current charges and fees associated with the Services at http://www.CollegePlannerPro.com/plans. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change with or without notice. All fees are set out in U.S. dollars. You acknowledge and agree that You are the owner of any credit card account, PayPal account, and/or any other payment method that You submit to CollegePlannerPro for payment of the Services.
To the fullest extent permitted by law, fees paid to CollegePlannerPro are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Nothing in these Terms of Service obligates CollegePlannerPro to extend credit to any party.
You will be billed monthly starting 30 days after your account is initially created. The Services are billed in advance on a monthly basis.
In the event that You are unable to enroll in a monthly subscription plan, annual prepayments may be arranged by CollegePlannerPro at its sole discretion. Prepayment in full by credit card, check, or bank transfer is required in order for access to be granted to your account. No refunds will be granted for annual prepaid accounts in the event of preterm cancellation. No price adjustments will be made if Account Owner chooses to downgrade the account during the term (with regards to either number of active students, number of sub-accounts, or any other purchased add-ons). If expansion of the subscription or sub-accounts needs to be made during the term, a prorated prepayment will be required.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. In the event of an upgrade in plan level during a billing cycle, You will be charged a prorated payment immediately upon upgrading for the remaining days of the current billing cycle. In the event of a downgrade in the plan level during a billing cycle, no refund will be provided for the remaining days of the current billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CollegePlannerPro does not accept any liability for such loss.
Accounts using CollegePlannerPro to send or receive text messages will incur standard messaging rates from cellular carriers. These rates are solely based on the individual cellular carriers providing the text messaging network. There are no separate or additional messaging rate charged by CollegePlannerPro for domestic text messaging within the U.S.
Accounts with international (Non-US) mobile phone numbers used for text messaging will be assessed a monthly fee ($6.00 USD) for an international texting plan in addition to the monthly subscription plan. This covers both student and consultant mobile phones linked with the account.
CollegePlannerPro reserves the right to impose fees or other charges for accounts exceeding their plan’s resource limits. There are no set or predetermined “overage fees” as CollegePlannerPro reserves the right to access charges in relation to the exceeded resource use.
Products or services offered via integrations with third parties, including but not limited to Prompt, Human eSources, and College Cost Navigator, may be available for purchase via the CollegePlannerPro system’s interface. The cost for these add-on services is not included with CollegePlannerPro monthly subscription plans and must be purchased separately for one or multiple students.
30-day free trials are extended once to an individual. Individuals creating multiple accounts will be charged the applicable subscription rate on the date of creation for each subsequent account created.
You may create additional user profiles (“sub-accounts”) in order to share access to your CollegePlannerPro account. Additional user profiles are billed monthly in conjunction with your selected subscription plan. While an unlimited number of sub-accounts may be created, there is only one Account Owner per account. The Account Owner has complete control and authority over account billing information, enabling/disabling modules, and adding/removing sub-accounts. The Account Owner is also ultimately responsible for and in control of a sub-user’s account and the data entered onto the platform by sub-users.
All CollegePlannerPro plans are allocated a specific amount of resources based on the plan level. You may or may not be alerted, notified or otherwise informed about your account’s resource usage. It is your responsibility to use your account in accordance to these resource limits. Accounts exceeding plan resource limits, generally in an excessive way, may be suspended for security purposes. In most cases CollegePlannerPro will request account holders upgrade their account if resource limits are exceeded. CollegePlannerPro reserves the right to suspend and or refuse service to anyone found in breach of resource limits at any time.
- “Up to 10 active clients” plan resource limits
Active student clients: 10
Sent and received text messages: 500
Broadcast email messages: 400 (counted as per recipient)
Upload/attachment document storage: 200MB
- “Up to 20 active clients” plan resource limits
Active student clients: 20
Sent and received text messages: 1000
Broadcast email messages: 800 (counted as per recipient)
Upload/attachment document storage: 800MB
- “Up to 30 active clients” plan resource limits
Active student clients: 30
Sent and received text messages: 1,500
Broadcast email messages: 1,200 (counted as per recipient)
Upload/attachment document storage: 1,200MB
- “Up to 40 active clients” plan resource limits
Active student clients: 40
Sent and received text messages: 2,000
Broadcast email messages: 2,000 (counted as per recipient)
Upload/attachment document storage: 2,000MB
- “Up to 50 active clients” plan resource limits
Active student clients: 50
Sent and received text messages: 2,500
Broadcast email messages: 3,000 (counted as per recipient)
Upload/attachment document storage: 3,000MB
- “Unlimited active clients” plan resource limits
Active student clients: Unlimited
Sent and received text messages: 3,500
Broadcast email messages: 4,500 (counted as per recipient)
Upload/attachment document storage: 4,500MB
8. User Submitted Content
You warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content. You retain all ownership rights to your User Submitted Content. By submitting content to the Website, You grant CollegePlannerPro a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content.
You agree, represent, and warrant not to upload any information relating to any individual under the age of 13.
9. IP Ownership and Notices
CollegePlannerPro disclaims any liability for any User Submitted Content or third party content submitted to, or posted on, the Website. If You believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to CollegePlannerPro at the following address:
Attention: IP Notices
2093 Philadelphia Pike #2912
Claymont, Delaware 19703
To provide effective notification, please provide the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
- A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
- The location of the allegedly infringing material on the Website;
- Your name, address, email address, and telephone number;
- The following statement: “I have a good faith belief that the use of the material is not authorized by the intellectual property owner”; and
- A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner.
10. Links to Other Sites
The Website may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by CollegePlannerPro of the contents, products, services, or business practices of such third party websites. CollegePlannerPro is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
11. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLLEGEPLANNERPRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COLLEGEPLANNERPRO DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLLEGEPLANNERPRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the WEBSITE OR services, including any damages resulting from computer viruses. COLLEGEPLANNERPRO does not authorize anyone to make any warranties on its behalf, and you should not rely on any warranties made by third parties.
12. Limitation of Liability
NEITHER COLLEGEPLANNERPRO NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF COLLEGEPLANNERPRO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
COLLEGEPLANNERPRO’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO COLLEGEPLANNERPRO OR $10, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless CollegePlannerPro, 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 CollegePlannerPro, 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 CollegePlannerPro.
You shall cooperate as fully as reasonably required in the defense of any claim. CollegePlannerPro 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 CollegePlannerPro without CollegePlannerPro’s prior written approval.
14. Representation of Age and Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and conditions in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
You further agree not to invite any person under the age of 13 to use the student portal, Website, or Services. Pursuant to Sections 8 and 13, You agree not to upload any information of any person under the age of 13 and shall indemnify CollegePlannerPro for any claims arising out your breach of such obligations.
15. Termination and Cancellation
CollegePlannerPro may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Profile & Billing Info” button in the toolbar on the Dashboard. In the billing information section on the right-hand side of the page, you will find the “Close My Account” button.
All of your Content will be scheduled for deletion from the Service upon cancellation. This information cannot be recovered once your account is cancelled and the deletion process has been completed.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
These Terms of Service may not be assigned by You without the prior written approval of CollegePlannerPro. CollegePlannerPro may assign these Terms of Service without your consent.
If any provision of these Terms of Service 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.
18. No Waiver
The failure of CollegePlannerPro to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by CollegePlannerPro. In addition, CollegePlannerPro’s waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and CollegePlannerPro relating to the subject matter of this Agreement and supersedes any prior written or oral representations.
20. Governing Law and Venue
22. Class Action Waiver