COLLEGE ABACUS TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The College Abacus, Inc. ("College Abacus") PC and mobile websites, applications, technology, products, blogs and services (the “Service”) allows users to receive information about College Abacus and the Service, interact with other members or visitors to the Service, and generate non-binding estimates for projected cost of attending various post-secondary institutions in the United States of America.
By using the Service, you agree to be bound by these Terms whether you are:
A "Guest" - which means that you simply browse the College Abacus website or use the net price calculator on an anonymous basis
A "Registered User" - which means that you have registered with College Abacus as an account holder, or
A “Lifesaver” - which means that you have visited to answer a question sent by a “Registered User” or a “Guest”.
The term "User" refers to a Guest, Registered User, or Lifesaver. "User" shall mean either you as an individual or the entity on whose behalf you are accepting these Terms and who is afforded all rights and bound by all terms hereunder. User represents that he/she/it is authorized to accept these Terms.
If you do not agree with all these Terms, you must discontinue use of the Services immediately.
The Service is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized and in violation of these Terms. By using the Service, you represent and warrant that you are 13 or older, that you agree to abide by all of the terms and conditions of these Terms, and that you are either of the age of consent or have legal parental or guardian consent to enter into these Terms.
College Abacus reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
COLLEGE ABACUS SERVICE
College Abacus reserves the right to modify, suspend or discontinue any aspect of the Service at any time.
COLLEGE ABACUS ESTIMATES
The calculator portion of the Service is intended to provide estimated net price information (roughly determined as estimated cost of attendance — including tuition and required fees, books and supplies, room and board, and other related expenses — minus estimated grant and scholarship aid) to current and prospective students and their families based on what similar students paid in previous years. These estimates are exclusively drawn from the federally required net price calculators posted on school websites.
You agree that any estimates provided by the Service do not represent a final determination, or actual award, of financial assistance, or a final net price, and your actual cost will vary. Note that price of attendance and financial aid availability change year to year. Any estimates are not binding on College Abacus, the Secretary of Education, the institution of higher education, or the State.
INFORMATION YOU SUBMIT TO GET ESTIMATES
In order to provide you the College Abacus estimates, we require certain personal information from you, such as your income, family income, family size and other personal and financial details (“Estimate Data”). If you are a Registered User, we associate your Estimate Data with your account and that Estimate Data will be identifiable to us as belonging to such account. If you are a Guest, we associate your Estimate Data with an anonymous account but we do not associate that data with any personally identifiable information.
COLLEGE ABACUS ACCOUNTS
In order to access some features of the Service, you will have to become a Registered User and create an account. When creating your account, you must provide accurate and complete information, and update such information to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your login and password and other credentials, and are solely responsible and liable for any activity under your account, even if you did not authorize such access or activity. You must notify College Abacus immediately of any breach of security or unauthorized use of your account.
These Terms shall remain in full force and effect while you use the Service. You may terminate your membership at any time, for any reason, by following the instructions on the "My Abacus" page. College Abacus may terminate your account at any time, with or without notice, in its sole discretion.
PERMISSION AND RESTRICTIONS
College Abacus hereby grants you permission to access and use the Service subject to your compliance with these Terms.
The Services include, without limitation, content, text, methods, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"). Content may be submitted or otherwise provided by you, other Users, or third parties. To the extent you submit any Content, you hereby grant College Abacus a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree that, unless expressly stated in these Terms or you have express prior written permission of College Abacus:
- You will only use the Service for your information and personallyonal use, and as reasonably intended by College Abacus.
- You will notice download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the Service.
- You will not alter, modify, reverse engineer or abuse any part of the Service or its Users; and
- You will comply with all applicable local, national, and international laws and regulations.
- You agree not to circumvent, disable or otherwisese interfere with security features of the Service, or features that prevent or restrict use or copying, or enforce limitations on use of the Service.
- No Commercial Reuse of the Services is Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including any data, results, or estimates).
College Abacus reserves all other rights.
INTELLECTUAL PROPERTY RIGHTS
You agree that the Services (including estimates and other results) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Content contained in the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You agree that all of College Abacus trademarks, trade names, service marks and other College Abacus logos and brand features, and product and service names are trademarks and the property of College Abacus Inc, and you agree not to display or use them in any manner without College Abacus’ prior written permission.
LIMITATION OF LIABILITY
In no event shall College Abacus, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, inaccuracies, or interruption, of the Service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree that your use of the Service (which includes any estimates generated) is at your sole risk. The Services are provided "as-is" and as available.
To the fullest extent permitted by law, College Abacus, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
College Abacus makes no warranties or representations about the accuracy, completeness or appropriateness of the Service, and does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or linked from the Service.
You agree to defend, indemnify and hold harmless College Abacus, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service or your violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you without the prior written consent of College Abacus. Any such attempted transfer, delegation or assignment without consent is void.
These Terms and any other legal notices published by College Abacus on the Service, shall constitute the entire agreement between you and College Abacus concerning the Service and College Abacus. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and College Abacus’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
GOVERNING LAW; VENUE AND JURISDICTION
These Terms are governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and College Abacus that arises from these Terms shall be decided exclusively by a court of competent jurisdiction located in California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
ONE YEAR BAR ON CLAIMS
YOU AND COLLEGE ABACUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AND COLLEGE ABACUS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either College Abacus or you may demand that any dispute between College Abacus and you about or involving the Service must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in California, USA, provided that the foregoing shall not prevent College Abacus from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to College Abacus are non-confidential and are the sole property of College Abacus. College Abacus shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms of Service.