Terms of Use

Last Updated: December 15, 2022
Please read these terms and conditions of use carefully before using this site.
College Now Greater Cleveland (“College Now”, “we”, or “our”) offers this website (the “website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices posted throughout the website, including, without limitation, the Privacy Policy. By using the website, you signify your assent to these Terms and Conditions and any subsequent modifications. We reserve the right to revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this website as they are binding on you. If you do not agree to the Terms and Conditions set forth here, please do not access or use this website. Additionally, we reserve the right to revise or terminate (all or part) of the website at any time.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes and are prohibited from using this website in a manner that is contrary to or in violation of these Terms and Conditions.

JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms and Conditions, you may not enter into this agreement or use this website. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this website, you may not enter into this agreement or use this website. By using this website, you are explicitly stating that you have verified in your own jurisdiction if your use of this website is allowed.

We make no—and you acknowledge that we make no—representation that materials on this website are appropriate or available for use in all locations. Those who choose to access the website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the website, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

General Disclaimers and Conditions

We reserve the right to refuse service and/or access to the website to anyone at any time. We shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the website or the services which make this Site available or electronic communications sent by College Now will be available and free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the website or on any related website is inaccurate at any time without prior notice.

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information on the website or on any related website except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

No Endorsement

The website may contain links to third-party websites that are not under the control of the College Now. College Now is not responsible for the content of any linked site or for any link contained in a linked site, or for any changes or updates to such sites. College Now is providing these links to you only as a convenience, and the inclusion of any link does not imply that College Now endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.

No Financial, Legal, or Tax Advice

The information on the website is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

Personal and Noncommercial Use

The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to College Now that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.

Use by Persons Under 13 is Restricted

In accordance with federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy, College Now will not knowingly collect any personal information from young people under the age of 13. This website is restricted to users over the age of 13.

User Responsibilities

The website’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the website in any way.

You represent and warrant that: you will perform under these Terms and Conditions in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the website is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

Use the website in a manner other than as expressly permitted by these Terms and Conditions;
Use the website for any purpose or in any manner that is unlawful or prohibited by these Terms and Conditions, including for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the website;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the website, or combine the website or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the website or any part thereof;
Use the website content, including, without limitation, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your use of the website;
Work around any of the technical limitations of the website or use any tool to enable features or functionalities that are otherwise disabled in the website;
Perform or attempt to perform any actions that would interfere with the proper working of the website, prevent access to or use of the website by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the website or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the website or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the website (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the website, including, for example, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the website, or attempt to collect personal information about third parties without their knowledge or consent.

College Now may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the website, and may terminate these Terms and Conditions, including, without limitation, if you breach these Terms and Conditions or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

Code of Conduct

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of College Now’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms and Conditions. While using this website you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the website, our servers or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this website.

College Now shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any user materials or other content from this website. College Now recommends that you install appropriate anti-virus or other protective software.

Disclaimer of Warranties

THIS WEBSITE, THE SERVICES COLLEGE NOW PROVIDES, AND THE COLLEGE NOW MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. COLLEGE NOW DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, THE PRODUCTS, OR THE COLLEGE NOW MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

Limitation of Liability

IN NO EVENT SHALL COLLEGE NOW OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES, AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLEGE NOW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COLLEGE NOW SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification

You agree to defend, indemnify, and hold College Now, its officers, directors, employees and agents, sponsors and grantees, licensors, vendors and suppliers harmless from and against any claims, actions, or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the website in a manner that violates or is alleged to violate these Terms and Conditions.

Termination

You agree that College Now may terminate your use of the website if College Now reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, violated the rights of College Now or any third party, or for any reason with or without notice to you. You agree that College Now may modify or discontinue the website, with or without notice to you. You agree that College Now will not be liable to you or any third party as a result of such modification or discontinuation.

General Provisions

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of Ohio, United States of America, in any matter arising from or related to these Terms and Conditions and your use of the website and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Notices

College Now may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the website, or by written communication delivered by first class U.S. mail if you are donor or advisor regarding a fund administered by College Now.

Privacy Policy

We are committed to respecting the privacy of the personal information of individuals with whom we interact. We have developed a Privacy Policy to described out privacy practices and how we collect, use, and disclose the personal information of those individuals who visit the website. Please see our Privacy Policy for more information.

Electronic Newsletter

You may remove yourself from our mailing list at any time by following the unsubscribe options provided within the applicable email(s). If you are receiving our electronic newsletter by mistake, or have any problems whatsoever unsubscribing, please contact us and we will take the necessary steps to remedy the situation.

Links to Other Sites

As a community service, College Now may provide links to websites of various nonprofits and nonprofit resources. Unless we expressly state otherwise, College Now makes no representations whatsoever concerning the content of those sites. A link to a website from collegenowgc.org is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or providers. This privacy policy applies solely to the information collected by this site.

Ownership and Our Materials

This website is owned and operated by College Now in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of College Now and its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of College Now or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by College Now to you under any patent, copyright, trademark, trade secret, or other intellectual property right of College Now and all such rights are reserved and retained by College Now. ALL RIGHTS RESERVED.

College Now may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively ” College Now Materials”) available to you from this website, from time to time. If you download or use College Now Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work, or otherwise exploited without College Now’s prior written permission, and (iii) shall only be used in compliance with these Terms and Conditions and with any additional license terms accompanying such materials. College Now does not transfer either the title or the intellectual property rights to the College Now Materials and retains full and complete title to the College Now Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the College Now Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled College Now Materials into a human-perceivable form. College Now or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by College Now. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

This website, (including its organization and presentation and College Now Materials) is the property of College Now and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Copyright Statement

Copyright in the text materials contained in this website is owned by College Now. These text materials may be used, downloaded, reproduced, or reprinted, provided that this copyright notice appears on all copies and provided that such use, download, reproduction, or reprint is for noncommercial or personal use only. The text materials contained on and in the website may not be modified in any way. Copyright in the photographs, illustrations, artworks, and other graphic materials are reserved to College Now and/or the copyright owners (licensors). Prior permission to use, download, reproduce or reprint any photograph, illustration, artwork, or other graphic material must be obtained by the copyright owner, regardless of intended use.

If you know or suspect that any of the materials on the website have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:

Alenka Winslett
Chief Operating Officer
College Now Greater Cleveland
1500 West Third Street, Suite 125
Cleveland, OH 44113

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the website and requests or concerns regarding improper content, will not receive a response through this process.

Disclaimer of Warranties and Liability

Because of the number of possible sources of information available through this website, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, and inaccuracies in such information. College Now cannot and does not warrant the accuracy, completeness, currentness, noninfringement, or fitness for a particular purpose of the information available through this website, nor do we guarantee that this website will be error-free and continuously available.

Linking to Other Sites

You may establish a hypertext link to this site from your website, so long as the page containing the link properly attributes the linked site to College Now and does not state or imply any sponsorship of your site by College Now. We may revoke this permission at any time. Without prior written consent of College Now, you may not create a link to this site that incorporates or relies upon, in whole or in part, any content from any page on this website, or that incorporates any copyrighted or otherwise intellectual property of College Now.

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