ADVISOR PORTAL TERMS OF USE
This website is owned and operated by College Deliberately LLC (“College Deliberately”, “we”, or “us”). These Terms of Use (“Terms of Use”) apply to the College Deliberately Student Advisor Portal (the “Portal”).
You should carefully read these Terms of Use. Your access to and use of this Portal are governed by these Terms of Use, which are a legally binding contract between you and College Deliberately. In addition, your use of this Portal is also governed by the College Deliberately General Terms of Use, which are incorporated into these Terms of Use. In the event of a conflict between these Terms of Use and the General Terms of Use, these Terms of Use shall control. Your use of this Portal is also governed by our Privacy Policy.
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD NOT CREATE AN ACCOUNT AND SHOULD DISCONTINUE YOUR USE OF THE PORTAL.
Portal Access, Registration, and Passwords
As a condition to using the Portal, you must register with College Deliberately and select a password and screen name (“User ID”) to set up a user account (“Account”). You shall provide College Deliberately with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a User ID and domain in its sole discretion.
You are solely responsible for the security of online access to this Portal, including access to your Account, and you must take precautions to protect the confidentiality of your password and User ID. You should not share your password or User ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
You should contact College Deliberately immediately if you suspect unauthorized use of your password or User ID, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and through the Portal that make use of your password and/or User ID, and for any charges or fees incurred by the use of that password and/or User ID, including any use you may subsequently contend was not authorized by you. College Deliberately may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
If you are using or opening an Account on behalf of an institution, then you represent and warrant that you: (i) are an authorized representative of that institution with the authority to bind such institution to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such institution. All information you provide is subject to authorization by College Deliberately.
User Content
The Portal provides you with the ability to upload or submit information, data, text, software, photographs, graphics, messages, products, services and/or other materials (individually and collectively, “Content”). All Content is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit or otherwise make available through or on this Portal. You are also solely responsible for all Content posted under your Account. You represent and warrant that (i) you own or otherwise control all of the rights to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate this policy; (iv) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the Content will not cause injury to any person or entity.
Should Content be deemed illegal, College Deliberately will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, or in violation of our any of our policies, we may ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, then we may remove the Content or terminate your Account. We have no obligation, however, to restrict or monitor Content in any way.
We do not want to receive any confidential or proprietary information from you through this Portal. Unless otherwise agreed in writing by an authorized College Deliberately employee, any material, information or idea you transmit to College Deliberately or the Portal by any means may be disseminated or used by College Deliberately without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing services. However, this provision does not apply to your logo or personal information that is subject to our Privacy Policy.
We do not claim ownership of the Content you upload, place or post through this Portal. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. You acknowledge that by providing you with the ability to post information on this Portal, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Portal.
Prohibited Behaviors
Your ability to use this Portal and contribute to discussions depends on your compliance with community standards and the conduct guidelines set forth in both the General Terms of Use and these Terms of Use, including the section “User Content,” above. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Portal and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
Social Networking Functions
If you choose to use the social networking features on our Portal, such as communicating with other users or posting Content, certain profile information about you will automatically be displayed, posted, and visible to all members of and visitors to the Portal. You can change how this information is displayed though your Account settings. By using our Portal, you consent to College Deliberately’ display, disclosure and use of your information and Content as set forth above and you agree to use caution and care in evaluating and selecting your Account settings and information before using this Portal and posting any information to it. You, your heirs, executors, administrators and assigns agree not to hold us liable for any and all claims, liabilities and/or damages of any kind whatsoever that arise out of or relate in any way to your interaction with others and/or with College Deliberately through this Portal.
Communication with Student and Institutional Users
If a student or institutional user opts in to receiving information from you or communicating with you directly, College Deliberately will, depending on the user’s privacy settings, provide the user’s contact information or a messaging system that will allow you to contact them. You agree that you will only use such information for providing the user with resources and information related to the college selection process or as otherwise requested by the user, and will immediately stop contacting the user if so notified by the user or College Deliberately. All contact with other users must be in accordance with these Terms of Use, the General Terms of Use, and any other applicable policies set forth on the College Deliberately website or otherwise made available to you. You shall not collect or use any information about or regarding any user except as expressly permitted in these Terms of Use.
Fees and Payment
Payment of fees for access to certain functions of the Portal is due at the time of registration, and fees for continued use of those functions are subject to change without notice. When you submit your order, your credit card will be charged in accordance with the payment terms and conditions of the third party payment processor we utilize for such transactions. All orders are non-refundable unless otherwise agreed to in writing by College Deliberately.
Indemnity
You agree to indemnify and hold College Deliberately, and its affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of this Portal, including communication with any student users, your connection to this Portal, your violation of these Terms of Use, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Portal.
Termination
College Deliberately may terminate your access to this Portal at any time and for any reason without prior notification. College Deliberately retains the right, but does not have the obligation, to immediately prevent or restrict access to the Portal or the College Deliberately website, or take any other action in case of technical problems, objectionable material, violations of these Terms of Use, or for any other reason in the sole and absolute discretion of College Deliberately, and to correct any inaccurate information or technical problems on the Portal.
We may modify this Portal or services provided thereunder at any time, and continuing to use the Portal constitutes your agreement to such modifications. You agree that we may terminate or restrict your access to this Portal under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and Content. We reserve the right to bar any further access to such Content and this Portal. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Portal.
Updated 7/23/2018
