Terms of Service
Updated January 1, 2016
College Kickstart is a web-based planning application designed to help college-bound teens, parents and counselors better navigate college admissions. You are eligible to use the Services if you are 18 years or older. If you are between the ages of 13 and 17, you may use the Services with the consent and supervision of your parent or legal guardian who is at least 18 years old provided your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Services. Regardless of eligibility, we reserve the right to refuse use of the Services at our sole discretion.
You are responsible for your conduct and for agreeing not to misuse our Services. For example, you agree not to:
- Provide untruthful account information
- Probe, scan or test the vulnerability of any system or network
- Breach or otherwise circumvent any security or authentication measures
- Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services to which you have not been invited
- Interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services
- Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping")
- Send unsolicited communications, promotions or advertisements, or spam
- Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"
- Promote or advertise products or services other than your own without appropriate authorization
- Sell or otherwise transfer or assign your right to use the Services in any way
- Use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs
- Create and/or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred
- Violate the law in any way including storing, publishing or sharing material that is fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others
You are also responsible for understanding the limitations of our Services and agree to use them at your own risk and subject to the following:
- You recognize that our Services are intended to provide directional guidance, not guarantees of admission.
- You recognize that our Services are based purely on quantitative data, such as your standardized test scores and admissions data provided by each of the institutions we cover. We do not attempt in any way to factor in qualitative considerations that are just as important in considering your candidacy. This may include the strength of your recommendations and personal statements, special talents that you have or special circumstances like being a first generation college student or underrepresented minority. Always use our Services in conjunction with an experienced professional better able to consider your overall candidacy, such as your high school counselor or a college consultant.
- You recognize that our ability to deliver our Services is limited by the timeliness, specificity and accuracy of the data we use to carry out our analysis. This includes your Personal Information and the admissions data provided by each of the institutions we cover. For example, most institutions report admissions data well after the completion of an admissions cycle. Depending on when you use our Services and the particular institutions on your list, the admissions data may not be for the current year. Alternatively, though an institution might report an overall admission rate, the admission rates for departments/majors within that institution may be drastically different. To help you understand where we get our information, we publish source data references for each school on your list.
From time to time we may invite you to test new or improved Services before they are made available to the general public. Should you agree to participate in this type of testing, you agree to not disclose any information about the features and functions of the pre-released Services without express written permission from College Kickstart LLC or until the new and/or improved Services have been made generally available, whichever is sooner.
When you sign up to use our Services through our website or separate subscription agreement, you may be assigned or asked to select a subscription plan ("Plan"). The Plan defines the Services that you are authorized to access throughout the duration of your Subscription Period. Each Plan may vary in terms of scale, scope, the number and type of authorized users, duration ("Subscription Period") and pricing ("Fee").
Unless stated otherwise, a Plan entitles you (or each of your authorized users) to use our Services for a single application cycle that runs from January 1 to December 31 of a single calendar year. During the Subscription Period, there is no limit to the number of times a user may modify/refine their college plan.
Because it is possible to take full advantage of our Services in a very short period of time, your Fee is billed up front and paid in full in advance of having access and use of the Services and is nonrefundable. You are responsible for all taxes. You can cancel your subscription at any time but please note that we do not issue refunds or prorations.
Third-Party Websites, Advertisers or Services
From time to time, information may be provided by you or us ("Discloser) to the other ("Receiver"), whether orally or in writing, that is designated as confidential ("Confidential Information"). Such information includes but is not limited to your Personal Information or the Personal Information of the students you serve, your results, access to new or improved Services before they are made available to the general public, and the terms of your agreement with us. Confidential Information does not include any information that is publicly available or known to the Receiver prior to the disclosure.
When Confidential Information is disclosed, the Receiver agrees to: (i) protect the confidentiality of the Confidential Information using the same degree of care it uses with its own confidential information of similar nature, (ii) not use any Confidential Information for any purpose outside the scope of this agreement, and (iii) not disclose Confidential Information to any third party until it becomes publicly available.
You agree to defend, indemnify and hold harmless College Kickstart and their members, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. College Kickstart may assume the exclusive defense and control of any matter for which you have agreed to indemnify College Kickstart and you agree to assist and cooperate with College Kickstart in the defense or settlement of any such matters.
College Kickstart has no fiduciary duty to you. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Electronic Communications Privacy Act Notice (18 USC §2701-2711)
COLLEGE KICKSTART MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. College Kickstart is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
COLLEGE KICKSTART (INCLUDING ITS AFFILIATES, MEMBERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO COLLEGE KICKSTART FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COLLEGE KICKSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by College Kickstart without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account including, without limitation, your Personal Information. You may terminate your account by following the instructions on the Website. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in California (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over College Kickstart, either specific or general, in jurisdictions other than California. 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 Kickstart that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California. The Service is controlled and operated from our facilities in the United States. College Kickstart makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
The English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree College Kickstart may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our Website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and College Kickstart regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. College Kickstart's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
If we make a material change to these Terms, we will post a notice of those changes on our Website or notify you by email (sent to the email address specified in your account) to keep you aware of the changes prior to the change becoming effective. You are bound by changes to these Terms when you use the Website after those changes have been posted. We encourage you to periodically review this page for the latest information on our Terms of Service.
If you have any questions or concerns about these Terms, the practices of this Website or your dealings with this Website including any bugs or actual or potential threats to the security of our Website and protection of your personally identifiable information, please contact us at firstname.lastname@example.org.