This Agreement sets out the terms and conditions relating to the online content provided subject to payment (“Paid-for Content”) that Strategies For College, Inc. (“the Site owner”) will provide to you (“the User”) as part of your College Search GamePLAN membership.
College Search GamePlan (CSGP) is an internet website located at www.collegesearchgameplanmembers.com that provides on-line college counseling, proprietary information and tools including calculators and a college data base, and other relevant services to paid members and to a lesser degree, site visitors. The site is owned by Strategies for College, Inc., a Vermont educational consulting firm. These terms and conditions apply to all site users.
By enrolling in and paying for a family membership you, “the User” are agreeing to the terms and conditions below. If the User uses the Site for commercial purposes, the User should purchase a Professional Membership. If the User does not agree with the terms and conditions the User should cancel the membership, request a refund of the past month’s subscription fee and discontinue using the Site.
If the User has any questions they should contact the Site owner at membership@strategiesforcollege.com.
Services and Fees
The Site owner provides Paid-for Content (”Content”) that assists families with the college planning process for a monthly subscription fee. The Content is focused on, but not limited to, college admissions and financial aid strategies and tactics. The Site owner reserves the right to vary the Content and does not guarantee that the Content provided subject to payment will remain a paid-for service or that the monthly subscription fees will not be changed in the future.
The User agrees to pay the subscription fee (“Fee”) in effect when the charge is incurred. Payments are made via the Site owner’s corporate Pay Pal account. By submitting credit or debit card details to PayPal, the User warrants that he/she is entitled to purchase the Content. In the event of an unauthorized payment the Site owner reserves the right to suspend or terminate the User’s access to the Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Site owner will terminate the User’s access to the Content. The Site owner attempt to process the User’s request for Content promptly but does not guarantee that the Content will be available to the User by any specified time.
A contract between the Site Owner and the User will come into effect when, after payment is made, a Username and Password are issued to the User.
The User may cancel the subscription at any time. Payments received prior to cancellation are not refundable. The use of the Site signifies the User’s consent to the Site owner collecting and using personal information about the User in accordance with the Site owner’s Privacy Policy.
The User will also be requested to create a Password in a format specified by the Site owner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times.
In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall change the password and notify the Site owner of such suspicion at membership@strategiesforcollege.com. If the Site owner has reasonable grounds for believing that the User has misused or is misusing the Password, the Site owner may require the User to change the Password or may suspend the User’s use of the access to Content until such time as the Site owner is satisfied that the security of the Site is no longer compromised by the User’s activities.
Limitations on Use of the Site:
All Content and services provided by the Site owner belongs to the Site owner, or is licensed to the Site owner by Todd E. Fothergill or Thomas J. McGrath. The Site owner and its licensors own all the intellectual property rights in the Content. The Content provided is solely for the personal use of the User.
The User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any Content provided under this Agreement. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Content. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Site owner or its licensors.
Limitation of Liability and Indemnity
The User agrees that the use of the Site is at the User’s own risk. Neither the Site owner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site.
The User agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Site owner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site.
Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. Users must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While the Site owner will use reasonable efforts to include accurate and up to date information on the Site, the Site owner makes no warranties or representations as to its accuracy or completeness. The Site owner is not responsible for any errors or omissions or for the results obtained from the use of such information.
The Content is provided with the understanding that it does not constitute any form of advice, recommendation or arrangement by the Site owner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make his/her own decisions on whether or not to rely on Content posted on the Site. The Site owner reserves the right to modify Content displayed on this Site, but it does not make any commitment to update the information displayed on this Site.
No party, other than the Site owner, will at any time be liable or responsible in any way for the Content and information provided on or via the Site and for the User’s use of the Site. From time to time the Site owner will make available to the User links from the site to third party sites. These sites are checked, vetted and endorsed by the Site owner. The User agrees, however that the Site owner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Site owner’s Site are at the User’s sole risk and responsibility and the Site owner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
Indemnity
The User agrees to indemnify, keep indemnified, defend and hold the Site owner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Site owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
Consequences of Breach of these Terms
In the event that the Site owner considers or determines, in its complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the Content it reserves the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
Copyrights and trademarks:
1. The information provided on the Site is the property of Strategies for College, Inc., Todd Fothergill, Thomas McGrath or Michael Prime and is protected by trademark, copyright law and other intellectual property laws.
2. The information provided is intended for and may be used only for personal, non commercial applications. Members referred to third party sites are expected to respect the ownership and rights of the intellectual property contained on the referenced sites.
3. Improper use of copyright and other intellectual property by members, site visitors or any other party other than the owners is a violation of copyright and intellectual property laws and will result in immediate revocation of membership and be subject to other legal action
4. Unless explicitly permitted in writing by the property owner, it is a violation for members or other visitors to reproduce, retransmit, or distribute any site content.
5. It is always a violation to sell, publish, broadcast, reverse engineer, promote as their own or circulate the information, proprietary concepts, images, and logo contained on the Site to anyone at any time.
Quality of Information, Responsibilities, Warranties and Limitations of Use
Site owner has endeavored to share professional experience and incorporate quality information and user tools to assist and facilitate strategies it believes are necessary during the college planning process. This is an on-going effort because of the dynamic changes occurring in college planning and financing a college education. Human error, simplifying methods and present day assumptions as well as the technology being used may introduce errors, omissions, or delays in correcting content on our site or a third party site to which members are referred.
Site owner provides college planning services and information. It does not provide legal, tax or investment advice. Users must seek counsel and support from professionals in these and other specialty fields (i.e. bankers, health service providers, educators, and clergy) when needed.
None of the Site’s Content is a substitute for actually researching, comparing and resolving discrepancies regarding information and ideas expressed on the Site. There is also nothing on the Site which is a substitute for actually applying for admission and financial aid.
CSGP makes no warranty or guarantee of any kind with regard to admission to any college or university, nor do we provide any warranty or guaranty of future financial aid awards or monies from any source.
Members are strongly urged to always check directly with the colleges of interest to determine latest policies and practices regarding selectivity, major fields of study, special programs, athletics, performing arts and financial matters.
Members and member families assume all responsibility for decisions made on behalf of students and parents.
Decency Policies
1. While it is recognized that college planning and pursuit of the related strategies can be complex, frustrating, emotional and even disappointing, CSGP will not tolerate any vulgarities, obscenities, racial or sexual slurs, or other inappropriate language or behavior on the part of our members, their families or any other site visitors.
2. Our forums will make every reasonable effort to assist in resolving issues or interpreting circumstances based on our experience. We will do our best to complete these endeavors in a reasonable time and or refer members to appropriate authorities if we do not have the answer.
3. CSGP will revoke membership without refund if a member, family member or representative of the member conducts themselves in a manner that is contrary to this policy