Terms of Service
Last updated: March 19, 2018
Planmycollege, Inc., a Delaware corporation, ("Planmycollege," "we" or "us") provides an online and service, including, but not limited to the Planmycollege website, www.Planmycollege.com (the "Site"), and programs hosted by or on behalf of Planmycollege and related content or services (collectively referred to as the "Service"). Additionally, digital product content (the “Product” or “Products”) delivered via the Site is included in the designation of “Service” herein. THESE TERMS OF SERVICE (THE "TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU AND PLANMYCOLLEGE AND GOVERN YOUR USE OF THE SERVICE and/or Product(s). The terms "you" and "user" shall refer to all individuals and entities that access the Service. These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to the release and limitations.
By accepting these Terms, you are agreeing to the arbitration agreement (unless you follow the opt-out procedure) described below in these Terms to resolve any disputes with Planmycollege.
By your affirmative actions of registering for and/or using the Service, you are agreeing to these Terms.
Use of the Service and/or Product(s)may require a compatible device and Internet access. Your ability to use the Service and/or Product(s) may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier's standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Service made available by Planmycollege.
Our Services are meant as an aid to assist you in managing your educational choices and college planning. NEITHER PLANMYCOLLEGE NOR THE SERVICE IS INTENDED TO PROVIDE SPECIFIC EDUCATIONAL RECOMMENDATIONS, ENDORSEMENTS, OR SPONSORSHIPS OF ANY PARTICULAR EDUCATIONAL PROVIDER. PLANMYCOLLEGE IS NOT AFFILIATED WITH ANY PARTICULAR EDUCATIONAL PROVIDER. The Service is intended only to assist you in your educational organization, college planning, and decision-making and provide the information to do so. Your educational situation is unique, and any strategies learned through the Service may not be appropriate for your specific educational needs. The use and interpretation of the Services require skill and judgment, and you shall at all times exercise your own judgment in the use of the Services. You are responsible for the evaluation, determination, and execution of the best educational path for you or your children, and you agree not to hold Planmycollege accountable for the results.
License to Use the Service; Ownership
We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Site for one registered account on a device owned or leased solely by you. You may not: (i) modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third-party or use the Site to provide time sharing or similar services for any third-party; (iii) make any copies of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and other proprietary rights notices on the Site. You acknowledge that we may from time to time issue upgraded versions of the Site and may automatically electronically upgrade the version of the Site that you are using on your device. You consent to such automatic upgrading on your device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Site or any copy thereof, and Planmycollege and its third-party licensors or suppliers retain all right, title, and interest in and to the Site (and any copy of the Site).
The Service and/or Product(s) are offered and available to users who are 18 years of age or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with Planmycollege, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (“Minor”) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf of the Minor’s engagement in the Activities delivered through the Services. Planmycollege may, in its discretion, refuse to offer the Service and/or Product(s) to any person and change its eligibility criteria at any time. Your right to access the Service and/or Product(s) is revoked where these Terms or use of the Service and/or Product(s) is prohibited and, in such circumstances, you agree not to use or access the Service and/or Product(s) in any way.
You may browse the Site without registering, but as a condition to using certain aspects of the Service, you are required to register with Planmycollege and agree that you will provide Planmycollege with accurate and complete registration information (including an email address and a password you will use to access the Service) and keep your registration information accurate and up-to-date. Failure to do so is a breach of these Terms, which may result in immediate termination of your Planmycollege account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
You agree to complete a User profile (“Profile”) which you expressly consent to be shown and displayed only to Planmycollege support personnel and related service partners in connection with the Services. In the case of a parent and/or legal guardian creating a profile for a Minor, you expressly agree and consent to create a Profile for the Minor that is in the Minor’s best interest.
You represent and warrant that the information you provide to us and other Users of the Services are true, accurate, complete, and will be updated regularly. Any false or misleading Profile information is subject to removal and Account cancellation at the sole discretion of Planmycollege.
You acknowledge that Planmycollege has no obligation to monitor your or any other user's access or use of the Site or the Service or edit any User Content (as defined below). Planmycollege reserves the right, at any time and without prior notice, to refuse registration of, remove or disable an account (temporarily or permanently) in Planmycollege’s sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Planmycollege in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Unless required by law, you agree and acknowledge that your Planmycollege Account is non-transferable and any rights to your Planmycollege Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact Planmycollege Support at firstname.lastname@example.org for additional assistance.
Electronic Communications and Promotional Materials
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Planmycollege. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. As part of our Services offered to you, you expressly agree and consent to the receipt of temail messages regarding order confirmation(s), promotional, marketing, and/or advertising related materials. We send these messages in order to inform you of specific promotional, marketing, and/or advertising information that may enhance your experience. In the event you should choose to not receive these notifications, you may opt-out by contacting us at email@example.com
These electronic communications are part of your relationship with Planmycollege. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Purchases and Charges
When a User makes purchases through the Services, the User must provide requested credit card payment information.
If you are not 100% satisfied with your purchase, you may contact us within 30 days from the purchase date, and we will provide a refund at the product credits that you have not consumed.
For package products, we will only provide a refund for a package in which none of the components has been consumed.
For single-purchase products, we will provide a refund for service credits that have not been consumed. The refunded amount of these services will be the single-purchase pricing at the time of purchase.
How to submit a refund request:
You can submit a refund request via the Contact Us page. Please provide the following information to help us identify the service credits that you are requesting refund:
- The name of refund product
- The quantity of refund product
Planmycollege reserves the right, at its sole discretion, to modify the Site or the Service or to modify these Terms, including the fees associated with the Service and/or Product(s), at any time and without prior notice. A link to the most current Terms will be available on the Planmycollege home page and we will indicate the date of the "Latest Updated" at the top of the Terms. If we materially modify these Terms, we will post a notice on the Service and, if you've provided Planmycollege with your email by creating an account through the Service, we will also notify you by email.
Your continued use of the Service and/or Product(s) following the posting of such changes constitutes your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
Planmycollege’s Relationship to the Parties
Planmycollege’ community platform is merely a conduit where well-informed, independent, and discerning individuals may select Services that are most appropriate for their specific educational goals.
Links to Third-Party Sites
You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any of Third-Party Sites. Planmycollege is providing links to the Third-Party Sites to you as a convenience, and Planmycollege does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT PLANMYCOLLEGE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Planmycollege’s endorsement or recommendation.
Intellectual Property Rights
You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the Site or Services, (ii) the design, look and feel of our template reports including but not limited to our proprietary college readiness review report(s), (iii) the graphical elements of our template reports, (iv) the Content other than the Content submitted by you or on your behalf and (v) any intellectual property therein (collectively, “Our Intellectual Property”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors (if applicable). You acknowledge and agree that Our Intellectual Property is the sole property of Planmycollege and/or its licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Intellectual Property.
Nothing in this Agreement grants you any right to receive delivery of a copy of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Site according to this Agreement. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Intellectual Property. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Planmycollege or other entities. You are not authorized to use any such Marks except to the extent such rights are expressly granted elsewhere. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement. The contents of all material available on the Site are copyrighted by Planmycollege unless otherwise indicated or provided for herein. All rights are reserved by Planmycollege and, except as permitted in any license grant, may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Planmycollege.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to use, reproduce, modify, translate, distribute, create derivative works of, perform, display, import, sell, offer for sale, make, have made and otherwise exploit, without the requirement to make any payment to you or to any third party or the need to seek any third party permission, the Feedback in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.
Acceptable Use Policy
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Planmycollege cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Planmycollege on or through the Service.
Although Planmycollege makes reasonable efforts to provide proper care and skill in delivering its services and/or Product(s), Planmycollege does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
The Service contains Content specifically provided by Planmycollege or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms, Planmycollege grants each user a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use in connection with the Service. Any other use, reproduction, modification, distribution or storage of any Content is expressly prohibited without prior written permission from Planmycollege, or from the copyright holder identified in such Content's copyright notice, as applicable.
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."
By submitting User Submissions on the Site or otherwise through the Service, you grant Planmycollege a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Planmycollege' (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grant to Planmycollege does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Planmycollege.
You acknowledge and agree that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Conduct, Content and Use Restrictions
As a condition of use, you agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You are solely responsible for the Content that you post, upload, transmit, publish or display on or through the Service (hereinafter, "post"), or transmit to other users. You will not provide inaccurate, misleading or false information to Planmycollege or to any other user. If information provided to Planmycollege or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that:
- is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- intimidates, threatens, or otherwise harasses other users of the Service, or advocates harassment of another person;
- is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- impersonates any person or entity, including any employee or representative of Planmycollege;
- includes anyone's identification documents or sensitive financial information;
- imposes or may impose (as determined by Planmycollege in its sole discretion) an unreasonable or disproportionately large load on Planmycollege' (or its third-party providers') infrastructure;
- interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
- bypasses any measures Planmycollege may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- attempts to collect personal information about any other user of the Service or any third party without such user or third party's informed consent;
- involves commercial activities (whether or not for profit) and/or sales without Planmycollege' prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- infringes any third party's intellectual property rights or privacy rights;
- otherwise takes any action in violation of these Terms or Planmycollege' guidelines and policies.
Planmycollege has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service.
No Liability for Shared or Third-Party Content
A portion of the Content contained on the Site may be supplied by third parties (“Third Party Content”), including, without limitation, information providers, advertisers, and other Users. Planmycollege is a distributor (and not a publisher) of such Third-Party Content. Except to the extent that Planmycollege seeks to enforce its rights under any of the terms of this Agreement, Planmycollege does not have editorial control over any Shared Content or Third-Party Content. Any reliance you place on Shared Content or Third-Party Content is therefore at your own risk. Any Shared Content, Third Party Content, including, without limitation, such Content in the nature of opinions, advice, statements, services, offers, or other information, expressed or made available on the Site or through the Services are those of the respective authors or distributors thereof, and not Planmycollege. Neither Planmycollege nor any third-party provider or distributor of information on or through the Site or Services guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Content accessible through the Site or Services.
You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through Planmycollege, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
Digital Millennium Copyright Act
Planmycollege respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the Content they upload to Planmycollege does not infringe any third-party copyright.
Planmycollege will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Planmycollege may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on Planmycollege, sufficient for Planmycollege to locate the material.
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
You may submit this information via:
- Email: firstname.lastname@example.org
- Offline: Planmycollege, Inc.'s Copyright Agent (see below)
If you believe that your material has been removed by mistake or misidentification, please provide Planmycollege with a written counter-notification containing the following information:
- Your name, address, and telephone number.
- A description of the material that was removed and the location where it previously appeared.
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Planmycollege, Inc. may be found (which includes the Suffolk County Superior Court), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
You may submit this information via:
- Email: email@example.com
- Offline: Planmycollege, Inc.'s Copyright Agent (see below)
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING, OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Planmycollege, Inc.'s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Planmycollege, Inc.'s Copyright Agent:
2734 Bayview Dr.
Fremont, CA 94538
THE SERVICE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SERVICE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THE SERVICE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
You acknowledge that educational planning and college applications are inherently risky and that it is necessary and appropriate to limit liability and in consideration of such limitation to agree to the following limitations:
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER PLANMYCOLLEGE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, (vii) THE OPERATION OF ANY CONTENT, PERFORMANCE, OR RESULTS, (viii) ACCESS TO THE SITE, INCLUDING THE ABILITY TO INITIATE, PAUSE, HAULT, OR CANCEL AND CONTENT IN PROGRESS, (ix) THE ACCURATE FUNCTIONING OF ANY CONTENT, LIMITS, SPREADS, EXECUTION, OR THE DATA UPON WHICH ANY SUCH FUNCTIONALITY MAY RELY, OR (x) ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL PLANMYCOLLEGE’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF: (i) FIVE HUNDRED DOLLARS ($500.00) OR (ii) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTE