The customcollegeplan.com student web portal is owned and operated by CounselorDock Inc. doing business as CollegePlannerPro (“CollegePlannerPro”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PORTAL.
- Acceptance of the Terms of Service
- 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 Portal and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Portal or Services.
- Use of Portal, Content, and Services
The Portal, 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 Portal. To the extent the Portal 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.
- Rules of Use
As a condition for your use of the Portal 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.
- 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.
- Account Information
You will need an account to use the Portal and 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 are responsible for all User Submitted Content posted and activity that occurs under your account.
- 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 Portal, 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.
- Disclaimer of Warranties
THE PORTAL 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 PORTAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL, 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 PORTAL 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 PORTAL 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.
- Limitation of Liability
NEITHER COLLEGEPLANNERPRO NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE PORTAL 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 PORTAL 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 PORTAL 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 PORTAL 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 $10.
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 Portal 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.
- 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 Portal or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
If You want to cancel your account, please contact your counselor to disable your account.
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.
- 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.
- Governing Law and Venue
- Class Action Waiver