CampusCompass Terms of Use
Beta Service
(5/21/2008)

PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT.

BY INSTALLING, ACCESSING AND/OR OTHERWISE USING THE SERVICE (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OR ACCESS THE CAMPUSCOMPASS SERVICE.

  1. Service Access.

    1. The CampusCompass “Service” is provided by CampusCompass Corporation intended to be a tool provided to assist applicants in identifying and choosing certain colleges and universities in the United States that such person may apply to for admission.

    2. THE SERVICE IS NOT AVAILABLE TO OR INTENDED FOR PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY CAMPUSCOMPASS. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.

    3. You may enable certain functionality of the Service without providing personally identifiable information. However, in the event you choose to provide information to CampusCompass, you agree that the information you provide to CampusCompass on registration and at all other times will be true, accurate, current, and complete. For information regarding how CampusCompass collects, uses and discloses your personal information, please see the CampusCompass Privacy Policy.

    4. You are solely responsible for maintaining the confidentiality of your account name and password through which you access the Service and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

    5. Subject to your compliance with all the terms and conditions herein, CampusCompass grants you permission to use the Service as set forth in these Terms.

  2. Prohibited Conduct – BY USING THE SERVICE YOU PROMISE NOT TO:

  3. Modification of the Terms. CampusCompass reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on the Service. When using the Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

  4. Ownership; Proprietary Rights. The Service is owned and operated by CampusCompass. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by CampusCompass ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names are proprietary to CampusCompass or its affiliates and/or third–party licensors. Except as expressly authorized by CampusCompass, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  5. Third–Party Services, Products and Links. The Service may include links to other web Services or services solely as a convenience to you ("Linked Services"). CampusCompass does not endorse any such Linked Services or the information, material, products or services contained on other linked Services or accessible through other Linked Services. Furthermore, CampusCompass makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. ACCESS AND USE OF LINKED SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SERVICES OR AVAILABLE THROUGH LINKED SERVICES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT CAMPUSCOMPASS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

  6. Feedback. If you provide CampusCompass with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Service (“Feedback”), CampusCompass shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service and the right to assign, license or otherwise use the Service. You hereby grant CampusCompass a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  7. Termination.

    1. By CampusCompass. You agree that CampusCompass, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CampusCompass or use of the Service and remove and discard all or any part of your account, at any time. CampusCompass may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that CampusCompass will not be liable to you or any third–party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CampusCompass may have at law or in equity.

    2. By you. You may terminate your account, this Agreement and your right to use the Service at any time and for any reason or no reason, by contacting CampusCompass customer support at customerservice@CampusCompass.com

    3. Survival. Sections 4, 6, 7.3, 8, 9 and 10 will survive any termination of these Terms.

  8. Disclaimers; No Warranties.

    1. THE SERVICE AND ANY INFORMATION, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAMPUSCOMPASS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.

    2. CAMPUSCOMPASS AND ITS SUPPLIERS DO NOT WARRANT THAT

(1) THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND AVAILABLE AT ALL TIMES;

(2) YOU MAY OBTAIN ADMISSION TO THE COLLEGE OR UNIVERSITY IDENTIFIED BY YOU THROUGH THE USE OF THE SERVICE OR THAT ANY COLLEGE OR UNIVERSITY LISTED BY CAMPUSCOMPASS IS WELL-SUITED FOR YOU OR ANY APPLICANT; AND/OR

(3) THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, CAMPUSCOMPASS’ WARRANTY DISCLAIMERS WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CAMPUSCOMPASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH CAMPUSCOMPASS, EVEN IF CAMPUSCOMPASS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT WILL CAMPUSCOMPASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CAMPUSCOMPASS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification; Hold Harmless. You agree to indemnify and hold CampusCompass, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. CampusCompass reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  2. General Terms.

    1. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or CampusCompass will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

    2. Notice. Except as explicitly stated otherwise, legal notices will be served on CampusCompass’ national registered agent or to the email address you provide to CampusCompass during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

    3. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred, shared or assigned by you but may be assigned by CampusCompass without restriction.

    4. Interpretation and Amendment. This is the entire agreement between you and CampusCompass relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by CampusCompass as set forth in Section 3 above. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions

    5. Disclosures. The services hereunder are offered by CampusCompass Corporation, located at: PO Box 51688, Palo Alto, CA 94303-9998 and email: service@CampusCompass.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

May 21, 2008