College Admissions Counseling | College Planning Services
TERMS OF USE AGREEMENT
BY ACCESSING THIS WEBSITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE") GOVERNING YOUR USE OF THIS WEBSITE (THE "SITE") AND THE SERVICES OFFERED BY SpanOne Digital LLC THROUGH THE WEBSITE (THE "SERVICES"). BY ACCESSING THIS WEBSITE, YOU ARE ENTERING INTO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.
SpanOne provides this Site and Services to users seeking college planning and related services (“Clients”) and to users seeking to provide college planning and related services (“Advisors”), and to any other entity on whose behalf users accept these Terms.
PRIVACY
SpanOne Digital LLC ("SpanOne") respects the privacy of our customers and encourages you to read our Privacy Policy at https://www.spanone.com/index.php/privacy-policy so that you may make an informed decision about using our Site. If you do not agree to our Privacy Policy or any other policy governing your access to and use of this Site, you should immediately terminate your access to and use of this Site.
ELECTRONIC COMMUNICATIONS
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications will be communicated electronically.
LICENSE AND SITE ACCESS
SpanOne grants you a limited, revocable, non-exclusive license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SpanOne. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content; any derivative use of this Site or its contents; any downloading or copying of account; or any use of data mining, robots, or similar data gathering and extraction tools. SpanOne grants you a limited, revocable, non-exclusive license to access and make information for the benefit of any third party. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SpanOne. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SpanOne and our affiliates without express written consent of SpanOne. You may not use any meta tags or any other "hidden text" utilizing SpanOne's name or trademarks without the express written consent of SpanOne. You may not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, defamatory, obscene, threatening, abusive, hateful, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy, publicity or personal rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site or the data contained therein; or (v) attempt to gain unauthorized access to the Site or its related systems or networks. Any unauthorized use terminates the permission or license granted by SpanOne. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SpanOne so long as the link does not portray SpanOne, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SpanOne logo or other proprietary graphic or trademark as part of the link without express written permission by SpanOne.
SpanOne alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the SpanOne Technology, the content of this Site and the WEBSITE generating functionality contained herein and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to this Site or the services of SpanOne. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the SpanOne Technology or the Intellectual Property Rights owned by SpanOne.
"SpanOne Technology" means SpanOne's proprietary technology (including, but not limited to, the software and functionality found in this Site, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by SpanOne in providing services to you through this Site.
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.If you are under 18, you may use this Site only with the involvement of a parent or guardian. SpanOne and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content supplied by you to this Site.
SUBSCRIPTION & PAYMENT
SpanOne may charge for some of the services provided through this Site. You agree to pay the agreed upon amounts when due pursuant to the terms and conditions. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
If you choose to upgrade to a paid subscription, you must use a credit or debit card to pay for your subscription. All purchases are final, and no refund will be given for unused portions of your subscription. When you provide credit card information to SpanOne, you represent to SpanOne that you are the authorized user of that credit or debit card. You agree to promptly notify SpanOne of any changes to your credit card information (e.g. account number, expiration date).
Your subscription will auto-renew until you cancel your subscription. Renewal payments will be automatically billed to the credit card designated. You authorize us to charge the appropriate subscription fees to such credit card. SpanOne reserves the right to increase subscription fees or to institute new fees at any time, upon reasonable notice posted in advance on this Site.
Subscription fees are charged upfront. You may downgrade or cancel your subscription at any time. You will not receive any refund or reimbursement of subscription. No refunds or reimbursements are given upon cancellation.
SpanOne advisor makes every good faith effort to assist the student to navigate the college selection and application process. SpanOne and its advisor do not guarantee admission into any particular college. SpanOne advisor guides student with completing college applications. However, the student is responsible for completing the applications.
PRODUCT OR SERVICE DESCRIPTIONS
SpanOne and its affiliates attempt to be as accurate as possible. However, SpanOne does not warrant that the contents of this Site are accurate, complete, reliable, current or error-free. If a product or Service offered on this Site is not as described, your sole remedy is to cease using such product or Service.
ADVISOR AGREEMENT
Neither this Agreement, nor use of the Site creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Advisor and SpanOne. It is the parties' intention that the Advisor will be an Independent Advisor and not SpanOne's employee for all purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state income tax law, or any local income tax law, any state workers' compensation laws, and any state unemployment insurance law. The Advisor will be responsible for providing college planning and related advising services. Advisor acknowledges that, during the performance of services, Advisor will have access to information relating to Client's identity, address, contact information, and other personal information or requests for services. Advisor agrees that Advisor owes a duty to SpanOne and Clients, during the term of this Agreement and thereafter, to hold all such confidential information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement. Advisor and SpanOne acknowledge that this Agreement is nonexclusive and the Advisor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Advisor shall receive the fee less a percentage paid to SpanOne for services rendered to SpanOne clients. Advisor is responsible for all federal, state, and/or local tax purposes. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by SpanOne on behalf of Advisor. SpanOne will not be liable to Advisor for any expenses incurred in the rendition of services. Advisor is solely responsible for all costs related to the services provided hereunder including, but not limited to, expenses associated with preparing materials, delivering services and transportation. Advisors shall be subject to any additional terms and conditions set forth in the Advisor Addendum.
ACCEPTANCE OF RISK
Parties other than SpanOne operate stores, provide services, or sell products ("Third Party Merchants") which may be accessed by this Site and you may enter into lead sharing arrangements and other commercial relationships with Third Party Merchants through your use of this Site and the Services provided by this Site. SpanOne is not responsible for examining or evaluating, and SpanOne does not warrant as to the offerings of, any of these Third Party Merchants or their agents or of the content of their websites. You should carefully review their privacy policies and other terms of use for WEBSITEs maintained by Third Party Merchants prior to your use of such WEBSITEs. SpanOne does not assume any liability or responsibility for the actions, products or services of Third Party Merchants or their agents which you may come into contact as a result of your use of the Site or its functionality.
IN THE EVENT THAT YOU DO CONTRACT TO PURCHASE PRODUCTS, PARTNER OR ENGAGE THE SERVICES OF A MERCHANT THROUGH THE USE OF THE SITE, YOU ACCEPT THE FULL RISK REGARDING YOUR COMMERCIAL RELATIONSHIP WITH SUCH MERCHANT AND THEIR AGENTS. SpanOne DOES NOT PERFORM ANY BACKGROUND CHECK OR OTHER INVESTIGATION ON ANY MERCHANTS OR THEIR AGENTS OR ANY OTHER INVESTIGATION REGARDING THE SAFETY, QUALITY OR FITNESS OF PRODUCTS WHICH ARE OFFERED BY SUCH MERCHANTS. YOU AGREE THAT SpanOne SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIMS OR DAMAGES THAT ARISE AS A RESULT OF ANY RELATIONSHIP THAT ARISES WITH ANY MERCHANT DUE TO ANY SERVICES PROVIDED BY SpanOne.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SpanOne ON AN "AS IS" AND "AS AVAILABLE" BASIS. SpanOne MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE. SpanOne MAKES NO WARRANTY THAT THE THIS SITE OR THE SERVICE PROVIDED BY THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SpanOne MAKE ANY WARRANTY AS TO (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES PROVIDED BY THIS SITE; (ii) THE SERVICES PROVIDED BY THIS SITE; (iii) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE OR THE SERVICES PROVIDED BY THIS SITE; OR (iv) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED BY THIS SITE ARE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SpanOne DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SpanOne DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SpanOne ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SpanOne WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE PRODUCTS OR SERVICES PRESENTED ON THIS SITE AND/OR THE USE THEREOF AND OR THE ACTS OR OMISSIONS OF ANY THIRD PARTY MERCHANTS OR THEIR AGENTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY AGAINST SpanOne FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE AND/OR SUCH SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. OUR TOTAL AGGREGATE LIABILITY ARISING UNDER THE CONTRACT OR OTHERWISE RELATING TO THE SERVICE OR PROGRAM WILL NOT EXCEED THE AMOUNT PAID BY YOU.
INDEMNIFICATION
You agree to comply with all applicable laws regarding your use of the Site. You further agree to indemnify, defend and hold SpanOne and our partners, employees and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of these Terms of Use.
POSTINGS/CONTENT LICENSE
Third Party Merchants or users may post information, comments, and other content as approved by SpanOne, in its sole discretion. If you do post content or submit material, and unless we indicate otherwise, you grant SpanOne and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use such content in the course of offering SpanOne service and solution. SpanOne retains the right to reformat, translate, excerpt, and display any information submitted by you. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SpanOne or its affiliates for all claims resulting from content you supply. SpanOne has the right but not the obligation to monitor and edit or remove any activity or content. SpanOne takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is © SpanOne, with all rights reserved, or is the property of SpanOne and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Site for the sole purpose of using this Site as a resource. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SpanOne is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of SpanOne.
SpanOne is proprietary service mark of SpanOne. SpanOne's service marks/trademarks may not be used in connection with any product or service that is not provided by SpanOne, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SpanOne.
All other trademarks displayed on this Site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between SpanOne and these companies.
SpanOne disclaims any responsibility for the content of any third party materials provided through or on this Site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact Us at support@SpanOne.com.
CHANGES TO TERMS OF USE/PRIVACY POLICY
These Terms of Use and SpanOne's Privacy Policy may be changed by SpanOne at any time in its sole discretion by posting changes made to these Terms of Use and/or the Privacy Policy as revised on this Site. Your use of this Site following the posting of such changes or revised Terms of Use and/or Privacy Policy shall constitute your acceptance of any such changes. SpanOne may terminate the Terms of Use and/or your use of this Site, in its discretion, at any time.
APPLICABLE LAW
By visiting this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SpanOne or it's affiliates.
SEVERABILITY
If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision(s) shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
