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./College Search GamePLAN (“the Site owner”) will provide to you (“the User”).
College Search GamePlan (CSGP) an internet website at www.collegesearchgameplanmembers.com formed to provide on-line college information services to 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 CSGP members and all site users.
If the User has any questions they should contact the Site owner at email@example.com.
Services and Fees
The Site owner shall provide Paid-for Content. This includes Family and Professional Content. The Site owner reserves the right to vary the Content and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service or that monthly or annual subscription fees will not be changed in the future. Professional members subscribing to the ProPLAN Plus program must commit to a full one year subscription (single annual or twelve (12) monthly payments) to ensure that their clients can benefit from the Tuition Rewards points program.
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 notify the Site owner immediately by contacting the Site owner at firstname.lastname@example.org. 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 the Site, including Paid-for 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 licensors including Todd E. Fothergill and Thomas J. McGrath]. The Site owner [or its licensors] owns all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service 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 or services. 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 expressly agrees that the use of, and browsing 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 or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Site owner has been advised of the possibility of such damages. The User expressly 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, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Site owner has been advised of the possibility of such damages. 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. The User 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 information is provided with the understanding that the information 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 their own decisions on whether or not to rely on any information posted on the Site. The Site owner reserves the right to modify information 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 who is involved in the workings of the Site, will at any time be liable or responsible in any way for the content, including Paid-for 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.
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, including SubHub Limited, (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 their 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 or services they reserve 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/or any other related services, including Paid-for Content; 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 CSGP website is the property of Strategies for College, Inc., Todd Fothergill, Thomas McGrath and is protected by trademark, copyright law and other intellectual property laws.
2. The information provided is intended or and may be used only for visitor or member 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 CSGP site to anyone at any time.
Quality of Information, Responsibilities, Warranties and Limitations of Use.
1. CSGP has endeavored to share professional experience and incorporate quality information and user tools to assist and facilitate strategies we believe 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.
2. CSGP provides college planning services and information. We try to be aware of when the college planning function dovetails or intersects other professional fields. We do not provide legal, tax or investment advice. When needed, members must seek counsel and support from professionals in these and other specialty fields (i.e. bankers, health service providers, educators, and clergy).
3. Nothing on the CSGP site is a substitute for actually researching, comparing and resolving discrepancies regarding information and ideas expressed on CSGP. There is also nothing on this CSGP site which is a substitute for actually applying for admission and or financial aid based on your unique set of circumstances. This is a very case dependent process and not very well executed using only generic rules of thumb. It also requires careful thought and attention to details.
4. 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.
5. 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.
6. Members and member families assume all responsibility for decisions made on behalf of students and parents.
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