UBERGRAD USER AGREEMENT
Ubergrad may modify this Agreement from time to time and such modifications shall be effective upon posting on the Ubergrad Services. You agree to be bound by any changes to this Agreement when you use the ubergrad Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
If you use this Site in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.
Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from Ubergrad has been granted. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to ubergrad that nothing submitted by you to the Site shall contain any content which
- (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable,
- (ii) violates any law, rule or regulation,
- (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person,
- (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation,
- (v) advertises or otherwise solicits funds or is a solicitation for goods or services or
- (vi) encourages the use of controlled substances. Ubergrad reserves the right to delete any such material from the Site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Ubergrad. You further agree not to use an inappropriate user name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to Ubergrad’s copyright agent with the following information:
USE OF UBERGRAD.COM AND THE WEB SITE CONTENT
- (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- (ii) a description of the copyrighted work that you claim has been infringed;
- (iii) a description of where the allegedly infringing material is located on the Site;
- (iv) your telephone number, address and e-mail address;
- (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and
- (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Ubergrad authorizes you to view and access the Web Site solely for your personal, non-commercial use. You shall not copy or adapt the underlying HTML code that with respect to any portion of the Web Site or the content appearing therein.
The contents of this Web Site and all other websites under Ubergrad's control which are accessible through this Web Site Ubergrad, (the Web Site and such other websites including www.ubergrad.com are collectively referred to as "Ubergrad Sites," and individually a "Ubergrad Site"), including all text, images, graphics, logos, links, button icons, software and other content (collectively, "Web Site Content"), copyright, trademark and other laws. All Web Site Content is the property of Ubergrad, its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Ubergrad and is also protected by copyright laws. Unauthorized copying or use of the Web Site Content (including its use on any other website) may violate copyright, trademark, and other laws. You are prohibited from using the Web Site in violation of any applicable foreign, domestic, federal or state laws, rules or regulations or in a manner that that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. The use of defamatory, threatening, hateful, obscene, or abusive language, images or postings on the Ubergrad Sites are strictly prohibited.
UBERGRAD SITE SECURITY RULES
You are prohibited from violating or attempting to violate the security of any Ubergrad Site, including, without limitation,
- (a) intercepting or accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior express written authorization,
- (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Ubergrad Site, overloading, "flooding", "denial of service attacking", "spamming", "mailbombing" or "crashing",
- (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Ubergrad Sites may be used only for lawful purposes by individuals seeking information about colleges and universities, the application process to such institutions, scholarships and financial aid. Ubergrad specifically prohibits any other use of the Web Site. By using the Web Site you agree not to take any of the following actions with respect to any Ubergrad Site:
- Using any device, software or routine to interfere or attempt to interfere with the proper working of any Ubergrad Site or any activity being conducted on the Web Site;
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Ubergrad Site other than the search engine and software available from Ubergrad on such Ubergrad Site and other than generally available third party web browsers such as Microsoft Explorer is strictly prohibited;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Ubergrad Site;
- Taking any action which imposes an unreasonable or disproportionately large load on any Ubergrad Site's infrastructure, including, without limitation, denial of service attacks; and
- Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Ubergrad Site.
When you register at the Ubergrad Site, you will be requested to enter a password which will provide you with access to the Ubergrad Site, our services and your account. You are responsible for maintaining the secrecy of your password. In the event of a lost password, you agree that Ubergrad may email such password to the email address in our records and associated with your account. You agree that Ubergrad shall not be liable for any misuse as a result thereof.
INTERACTIONS WITH OTHER USERS
The Ubergrad Site may initially and/or in the future contain chat rooms, public posting forums or one-to-one communication forums permitting direct communications with other Users (each a "Public Access Area"). Any information provided by you in these rooms or forum is deemed to be information available for public viewing, not subject to any disclosure restrictions or representations. We are not responsible for any information posted and/or viewed in such portions of our website.
The information and opinions expressed in materials posted in a Public Access Area are not those of Ubergrad, and Ubergrad makes no representations or warranties regarding such posted materials. Users should be aware that any information disclosed or posted in any Public Access Area is public, not a private communication. When you voluntarily disclose personal information in a Public Access Area, that information can be collected and used by others and may result in unsolicited messages from other people. You shall not submit, upload or post to a Public Access Area any content which:
- libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
- infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks;
- falsifies or deletes author attributions, legal notices or other proprietary designations;
- violates any law;
- advocates illegal activity;
- knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer, or
- advertises or otherwise solicits funds or sales of goods or services.
Ubergrad reserves the right to remove any content from any Public Access Area at any time and without notice. By posting any content in a Public Access Area, you automatically agree to indemnify Ubergrad and its affiliates, members, officers, employees and agents, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these posting restrictions. By posting in a Public Access Area any content authored or owned by you, you automatically
- (a) grant to all other Public Access Area participants, and any other person or entity affiliated with the Public Access Area, a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, and distribute the posted content for the limited purposes of discussion and commentary,
- (b) grant to Ubergrad and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purposes deemed appropriate by Ubergrad.
This Web Site acts as a venue for students to search select and apply to universities. Ubergrad is not involved in the actual admission process between universities and students, or any transactions with advertisers appearing on the Web Site or in newsletters. As a result, Ubergrad has no control over the quality, safety or legality of the offers, the truth or accuracy of the listings, the intent or ability of colleges and universities to offer admission. Ubergrad is in no way responsible for the ability of university to provide a quality education. Ubergrad is not responsible for the information or recommendations appearing on any forum or chat room associated with any Ubergrad Site. If you choose to interact with others on Ubergrad, including but not limited to inviting students, guidance counselors to share your profile information, be advised that while Ubergrad may choose to take steps that it believes in its sole discretion are reasonable in order to determine that the invited person is in fact the person he/she represents him/herself to be, you assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Ubergrad Sites and agree to hold Ubergrad harmless from any and all claims that may arise from such interactions.
The Web Site Content may contain inaccuracies or typographical errors. Ubergrad makes no representations about the accuracy, reliability or completeness, of any Ubergrad Site or the Web Site Content or the timeliness of any services therein provided. The use of the Ubergrad Sites and the Web Site Content is at your own risk. Changes are periodically made to the Ubergrad Sites. While we will endeavor to make these changes at a time least likely to interfere with your use of the Web Site, such changes may be made at any time.
Certain portions of the Web Site Content may indicate to you your likelihood of admission to a particular university. Such services are intended to be for directional purposes only and should not be relied upon exclusively in your college search process. Always talk to experts such as college admissions personnel and high school counselors if you are unsure of your chances of admission to a particular college or university. You assume all risks regarding your use of this tool and furthermore understand that any decision to apply or not to apply to any particular college or university and the resulting consequences are your sole responsibility.
UBERGRAD DOES NOT WARRANT THAT ANY UBERGRAD SITE WILL OPERATE ERROR-FREE OR THAT ANY UBERGRAD SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY UBERGRAD SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UBERGRAD IS NOT RESPONSIBLE FOR THOSE COSTS. THE UBERGRAD SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, UBERGRAD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES.
IN NO EVENT SHALL UBERGRAD, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY UBERGRAD SITE BE LIABLE FOR ANY DAMAGES 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 ANY UBERGRAD SITE AND THE WEB SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UBERGRAD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aggregate liability for Ubergrad to you for all claims arising from the use of the Web Site or any Ubergrad Site is limited to the sum of Five and 00/100 Dollars ($5.00).
USE OF THE WEB SITE IS NOT A SUBSTITUTE FOR APPLYING TO COLLEGES AND UNIVERSITIES
Use of the Web Site is not an application to colleges and universities. The Web Site merely assists Users in evaluating alternative colleges and universities as part of the college application process. Students are encouraged to use Ubergrad.com as a guide to assist them in determining which schools they should consider applying to.
LINKS TO OTHER SITES
The Web Site and the other Ubergrad Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ubergrad of the contents on such third-party Web sites. Ubergrad is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites through a Ubergrad Site, you do so at your own risk.
"POWERED BY" CONTENT
Ubergrad may embed certain features, functionality and content of third party sites within the Ubergrad site. Such integrations will be labeled as "Powered By," "Provided By," or similar language to that effect. As with links to other sites, Ubergrad is not responsible for the content of embedded third-party sites and does not make any representations regarding the content or accuracy of materials. If you decide to interact with such embedded content or functionality, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE