Terms of Use Agreement for Visit College, LLC

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

 

This Web Site is a service made available by VisitCollege LLC (“VisitCollege”) to certain Affiliates who have registered and paid a fee (“Affiliates”) to VisitCollege for the stated time period purchased and to certain non-Affiliate visitors. Throughout this Agreement “we” or “our” refers to VisitCollege, and “you” or “your” or “User” refers to any Affiliate and to certain non-Affiliate visitors or other users of this Web Site.  The Web Site was created and is administered by VisitCollege and any use of the Web Site is permitted by VisitCollege pursuant to a license from VisitCollege to each User.  All data, content and information provided on or through this Web Site, specifically including, without limitation, all advertising and related information (collectively, “Content”), may be used only under the following terms and conditions set forth in this agreement (the “Agreement”).  By becoming a User, or by accessing or making any use of this Web Site, you hereby agree to be bound by this Agreement and the terms and conditions set forth herein.  The person accepting this Agreement warrants that he or she has the authority to enter into this binding agreement on behalf of the User or other person or organization accessing or using this Web Site.

 

  1. Web Site Limited License.  Use of this Web Site and the Content is licensed, not sold, to you.  As a User of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and the Content in accordance with this Agreement and the terms of your order, invoice or agreement with VisitCollege or otherwise.  VisitCollege may terminate this Agreement and/or the license granted to User hereunder upon any failure by User to timely pay when due any fee or other amount due from User to VisitCollege, if any, or any default or breach by User of any of the terms or conditions of this Agreement or any related subscription order, invoice or other agreement between User and VisitCollege.

  2. Limitations on Use.  The Web Site and the Content may be used, copied or stored only by the User and only for the User’s internal personal or business purposes.  You agree that you will use this Web Site and its Content only as expressly authorized in this Agreement, and that any use not expressly authorized herein is prohibited.  VisitCollege may remove from the Web Site any Content which does not comply with these Terms and Conditions.  You further agree that you will not:

    1. copy, download, store in any retrieval system, distribute, adapt or transform, publicly display, or publicly present the Web Site or its Content, or any portion thereof; except as stated in this Section 2.
    2. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content;
    3. use any network monitoring or discovery software to determine the site architecture, or extract information about usage or about the Users;
    4. use any robot, spider, other automatic software or device, or manual process to monitor or copy the Web Site or the Content;
    5. use the Web Site for any illegal purpose or for the submission or transmission of material that is harassing, threatening, libelous, obscene, pornographic, tortious or otherwise unlawful or objectionable, or for the distribution of unsolicited mass email messages (“spam”) or other commercial solicitations or for the distribution of any material that contains a computer virus or other harmful component;
    6. submit or post any information or other Content which is not pertinent to the topic at hand; or
    7. use the Web Site or any Content in a manner which is contrary to any notice, direction or restriction issued in the future by VisitCollege.

  3. Property Rights of VisitCollege.  You acknowledge that portions of this Web Site and its Content are protected by copyright, trademark and other intellectual property rights, and that all such intellectual property rights are owned by VisitCollege.  You also agree that, except as expressly provided in this Agreement, nothing in this Agreement or the conduct of the parties shall be construed as conferring on the User any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.  You also agree to abide by this Agreement regardless of whether any portion of the Web Site or the Content is also protected by copyright, trademark or any other intellectual property law.  All of your obligations and acknowledgements under this Agreement, including without limitation those regarding limitations on use and the intellectual property rights of VisitCollege, shall expressly survive the termination of this Agreement.

  4. User Obligations.  You agree:  to provide truthful and accurate registration information as requested by VisitCollege; to provide accurate and complete advertising information as requested by VisitCollege and to timely update such advertising information as requested; to promptly inform VisitCollege of any changes to your registration information; to timely pay all fees and other charges as required by VisitCollege and to abide by all other terms of your agreement with VisitCollege; to take all reasonable precautions to safeguard access to your password, if any, to prevent unauthorized use of the Web Site; to promptly report to VisitCollege any unauthorized use of your password or the Web Site of which you become aware; and to confirm the information contained herein with other sources and to review the information carefully.

  5. VisitCollege’s Obligations.  Upon termination of the agreement between VisitCollege and the User, VisitCollege shall cease offering advertising services or other services to the User.

  6. Privacy Policy.  Subject to the use of information as permitted in the following section, VisitCollege agrees to use reasonable efforts to protect the privacy of your information in accordance with the VisitCollege Privacy Policy as referenced on VisitCollege’s Web Site, which Privacy Policy is subject to modification by VisitCollege from time to time.

  7. Information You Provide.  You hereby grant to VisitCollege, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, to reproduce, distribute, modify, sublicense, and to use in any way, all information which you provide to VisitCollege for the purposes for which it was provided.  You hereby release VisitCollege, and agree that you shall have no recourse against VisitCollege, for any alleged or actual use, infringement or misappropriation of any proprietary right or information contained or disclosed in your communications to VisitCollege.

  8. DISCLAIMER OF WARRANTIES.  THIS WEB SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  VISITCOLLEGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


    VISITCOLLEGE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.  USE OF THIS WEB SITE AND ITS CONTENT IS AT USER’S SOLE RISK.  VISITCOLLEGE MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT WILL ALWAYS BE ACCESSIBLE.  VISITCOLLEGE MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEB SITE FEATURES, FUNCTIONALITY OR CONTENT AT ANY TIME.

  9. LIMITATION OF LIABILITY.  VISITCOLLEGE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ATTORNEYS' FEES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, RELATING TO OR ARISING FROM:  (A) ANY DEFECTS, ERRORS OR OMISSIONS IN THIS WEB SITE OR ITS CONTENT; (B) THE UNAVAILABILITY OR INACCESSIBILITY OF THIS WEB SITE OR ANY CONTENT, OR ANY PORTION THEREOF; (C) YOUR USE OF THIS WEB SITE; OR (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.  TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS LIMITED OR PROHIBITED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER TERM OR PROVISION HEREOF, THE SOLE AGGREGATE OBLIGATION OF VISITCOLLEGE TO YOU IS LIMITED TO PROVIDING A REFUND OF THE AMOUNT OF THE FEES PAID BY YOU, IF ANY, FOR THE THEN MOST RECENT TWELVE-MONTH PERIOD.

  10. Indemnification.  You hereby indemnify, defend and hold harmless VisitCollege (and its respective member, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site), from and against all claims, liability, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Web Site, the Content, or any breach or failure to comply with any provision of this Agreement by you.

  11. Remedies for Violations.  VisitCollege reserves the right to seek all remedies available at law and in equity for any breach or failure to comply with any provision of this Agreement by you, including but not limited to the right to block access from a particular Internet address to this Web Site and any other VisitCollege Web Sites.

  12. General Contract Provisions.  This Agreement is governed by and construed in accordance with the laws of the State of Illinois.  Any legal action arising out of or relating to these terms shall be filed only in state or federal courts located in Lake County, Illinois, and you hereby consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action. This Agreement incorporates by reference any notices contained on this Web Site and the Privacy Policy.  If any provision of this Agreement is deemed unlawful, void or unenforceable, then that provision shall be severed from the remaining provisions and shall not affect their validity and enforceability.

  13. Modifications to Terms of Use.  VisitCollege reserves the right to change the terms of this Agreement or VisitCollege’s Privacy Policy at any time. Updated versions of this Agreement or the Privacy Policy will appear on this Web Site and are effective immediately.  You are responsible for regularly reviewing the terms of this Agreement and the Privacy Policy.  Any use of this Web Site or its Content following any such changes constitutes your acceptance of such changes.
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