Last Updated: August 21, 2012
1. Use of Service
All content on College Countdown, including software, artwork, designs, text, graphics, pictures, video, information, applications, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users, or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.
Any College Countdown service is licensed to you, not sold to you, for a designated period of time. One license is permitted per user account.
3. Account Registration Information
In consideration of your use of College Countdown, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms and profiles on College Countdown (“Registration Information”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. Terms of Sale
Products and services may be made available to you by us through College Countdown. By purchasing any products or services through College Countdown, you signify that you have read, understand, and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). These Terms of Sale are subject to change without prior written notice at any time, in the Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted on College Countdown. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such a transaction. If you do not agree to these Terms of Sale, do not make any purchases on College Countdown.
Purchase Qualifications; Account Security
To make a purchase on College Countdown, you must comply with these Terms of Sale (including the Terms and Conditions of Use). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. College Countdown sells products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on College Countdown only with the involvement and authorization of a parent or guardian. The Company reserves the right to refuse or cancel orders, or terminate accounts, at any time, in its sole discretion.
Payment Method and Terms
We accept Visa, MasterCard, and American Express credit cards and certain debit cards as forms of payment. By submitting an order through College Countdown, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to College Countdown, you may authorize us to store your credit card number and related payment information.
6. Proprietary Rights
College Countdown, the College Countdown logo, products, and service titles may be trademarks, service marks, or intellectual property of College Countdown and Sourcebooks, Inc. You agree not to use, display, or print the College Countdown Trademarks in any fashion without prior written permission from College Countdown. Unless otherwise indicated, all content on the Site includes but is not limited to all designs, text, icons, graphics, logos, buttons, software, data compilations, and audio and visual clips. College Countdown and the Site are protected by applicable intellectual property laws.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF COLLEGE COUNTDOWN. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY, OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF COLLEGE COUNTDOWN, ANY CONTENT POSTED ON COLLEGE COUNTDOWN OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF MYMAXSCORE, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of College Countdown, any Member, or any other person related to or resulting from use of College Countdown, viewing, playing, using, or downloading any materials on or from College Countdown. College Countdown is provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of College Countdown during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of College Countdown, even if we have been advised of the possibility of such damages.
9. Privacy Statement
If there is any dispute between you and us about or involving College Countdown, by using College Countdown, you agree that the dispute exclusively shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. In the event of any dispute that you may bring against us, you agree that the state and federal courts located in DuPage County, Illinois, shall be the exclusive venue for and shall have exclusive jurisdiction over any such dispute. In the event of any dispute initiated by us against you, you agree that the state and federal courts located in DuPage County, Illinois, shall have jurisdiction over and shall be a proper venue for any such dispute, and that any such dispute may also be brought by us in any forum or venue in which jurisdiction may properly be exercised as a matter of law.
You agree that College Countdown may communicate notices to you via email, phone, regular mail, and through the College Countdown website. These notices could include offers, account information, and changes to the Agreement.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of College Countdown in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
14. Contact Information
If you have any questions or concerns about these Terms and Conditions of Use or if you need further assistance with respect to access to or use of College Countdown, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.