LearningAdvisor.com Terms & Conditions
The following Terms and Conditions were last updated on March 15, 2014
Welcome to LearningAdvisor.com, websites and mobile application, aimed to help empower students of all ages to confidently determine which learning opportunity is the right fit for their personality, academics, budget, career path, and future. In creating a community of students, parents, alumni, professors, and employers, we constantly seek to open the lines of communication and provide our users with a helpful advice, information and resources.
In order to keep our online communities, discussions, mobile and groups enjoyable and interesting for all of our users, we ask that you follow the rules outlined in our Terms and User Submission Guidelines. We reserve the right to modify, edit or remove any submitted content that violate these Terms or Guidelines, at our sole discretion at any time, for any reason, and without notice.
1. Proprietary Rights. As between you and the Company, and except for your Submitted Materials (as defined in Section 6 below), the Company owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. This Site and its contents are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements contained on the Site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in or on the Site.
2. Limited License. You may access and view the content on the Site on your computer or other internet compatible device, and may make limited copies of the content on the Site for your personal and non-commercial use only. Without limiting the generality of the foregoing, you may not distribute any part of the Site or its content over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or of any content, code, data or materials on the Site including specifically the scholarship data or information content, is strictly prohibited unless you have received our express written prior permission and that of the applicable rights holder. If you do make any such prohibited use of the Site, or the content, code, data or materials thereon, you may violate copyright and other applicable local, national or international laws and you will be subject to sanctions including termination of your account. You may also be subject to liability for such unauthorized use.
4. Trademarks. LearningAdvisor is a registered service mark of the Company. All other trademarks, logos or service marks (collectively, the "Marks") displayed on the Site are owned by the Company or a third party owner. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Marks without our express written consent or the respective trade/service mark owner. Your misuse of the Marks displayed on the Site is strictly prohibited. We have no liability for your misuse or infringement of any Marks or for your violations of third party’s intellectual property rights.
By using the Site, you represent and warrant that you are 13 years of age or older. We retain the right, at our sole discretion, to deny access or membership to anyone to this Site and the resources or services we offer, at any time for any reason, including but not limited to, for violation of these Terms.
7. Public Forums. The Site may include messaging services, chat services, bulletin boards, groups, message boards, community platforms, blogs, similar forums, services or interactive areas. In addition to any other rules or regulations that we may post in connection with a particular feature or service, you shall not:
- upload, post, transmit, distribute or otherwise publish to, on or through the Site, any materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
- violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; or
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.
- upload, post, publish, distribute or otherwise transmit any public posting of personal information, including but not limited to surname, email addresses, phone numbers or any other contact information, as well as social security numbers or credit card numbers, etc. on public forums, chats, groups, discussions or anything visible to members or visiting users.
If we find submitted material in violation of the above, we reserve the right to revise, redact, delete or remove any such Submitted Material at any time, for any reason and without prior notice.
It is important to remember that content submitted to a public forum or similar feature on the Site may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will see them. You should therefore be careful and selective about the information that you disclose about yourself and others in your comments to our public forums or other submissions to the Site, and in particular, you should not disclose any sensitive, proprietary or confidential information.
In the event that you believe that content published on our Site contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at: customercare@LearningAdvisor.com
8. Prohibited User Conduct. You warrant and agree that, while accessing or using the Site, you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or the Company;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services;
- directly solicit any content or materials from the Site’s users, or directly solicit or advertise to the Site’s users for commercial purposes;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Site or its services in violation of the Company’s or any third party’s intellectual property or other proprietary or legal rights;
- use the Site or its services in violation of any applicable law; or
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site. We reserve the right to terminate your access to the Site if you engage in prohibited conduct.
9. Right to Monitor and Editorial Control. We reserve the right, but do not have nor assume any obligation, to monitor and/or review any content or materials posted to the Site or through the Site’s services or features by users (including by individuals and entities), and we are not responsible for any such Submitted Materials. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove or redact any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of the Terms, the Company’s policies or applicable law.
10. Linking to the Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You are not permitted to ‘deep-link’ any portion of the Site without the express written permission from us in writing. You agree not to download or use images hosted on the Site on another web site, for any purpose, including, without limitation, posting such images on another site, unless expressly permitted by us in writing. You agree not to link from any other web site to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials, advertising or branding. We have the right to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time.
11. Indemnification. You agree to defend, indemnify and hold us, or editorial content providers, our affiliates, and our and their directors, officers, employees and agents harmless from any and all losses, expenses, damages, claims, liabilities, and costs, including reasonable attorneys' fees, arising from (i) any violation of the Terms, including but not limited to our guidelines, (ii) your access to or use of the Site, (iii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Site, or (iv) your breach or violation of the law or of the Terms. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with any such defense.
12. Scholarship Database; Third Party Web Sites. We make no guarantee that your use of the Scholarship data from the scholarship database on the Site will be successful for you or that it will bring specific results or that any defects will be corrected. The scholarship data displayed on LearningAdvisor.com is provided by our licensor, which in turn relies on the scholarship provider for the content.. We are not responsible for the accuracy of the scholarship listing or any other information provided by the scholarship provider or our licensor, including the time limits for applying and other such information.. You use such data at your own sole risk. We reserve the right to modify, suspend or terminate access to the scholarship database or any scholarship listing at any time for any reason with or without notice.. You may be able to link from the Site to third party web sites and third party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials that may or may not be provided on Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting such reliance.
13. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address where we can reach you;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may notify our designated copyright agent either by mail to Copyright Agent, LearningAdvisor LLC, 6301 Kaplan University Avenue, Fort Lauderdale, FL 33309. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. WE PROVIDE THE SITE, INCLUDING ALL CONTENT, SERVICES, SCHOLARSHIP DATA AND SUBMITTED MATERIALS, ON "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITE, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY, USEFULNESS, THOROUGHNESS, OR COMPLETENESS OF CONTENT OF INFORMATION, MATERIALS, SCHOLARSHIP INFORMATION OR ANY OTHER INFORMATION INCLUDED ON THE SITE. WE DO NOT WARRANT THAT THE COLLEGE DESCRIPTIONS, THE SCHOLARSHIP DATA OR OTHER CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, OR PERFORMANCE OF THE SITE, OR THE CONTENT OF THE SITE OR THE SCHOLARSHIP DATABASE. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED IN SUBMITTED MATERIALS.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, DIVISIONS OR AFFILIATES BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SITE OR THE SERVICES, INCLUDING THE SCHOLARSHIP DATA, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE, FROM SUBMITTED MATERIALS, INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY OF THE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
THE LAWS OF CERTAIN COUNTRIES 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 MAY HAVE ADDITIONAL RIGHTS.
15. Applicable Laws; Jurisdiction and Venue. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to the Terms waive their respective rights to a trial by jury. The Terms and the relationship between you and us shall be governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree that you will initiate any cause of action that may arise under the Terms in the appropriate court in the Commonwealth of Massachusetts, County of Middlesex within one year of the date that the dispute or cause of action first occurred. You agree to submit to the personal and exclusive jurisdiction of the courts located within Middlesex County in the Commonwealth of Massachusetts.
16. Reservation of Rights. You may access the Site content, including Submitted Materials, only as permitted under the Terms. We reserve all right not expressly granted in and to the Site.
17. Termination. The Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Site or the Site’s services, or your access to or use of the Site, at any time, if we believe you are in breach of the Terms, the Company’s policies or applicable law, or for any other reason without notice or liability. The Company may also terminate user accounts or block participants for intellectual property rights violations.
18. Contacting the Site. If you have any questions relating to the Site, or if you would like to submit a complaint or other report to us (including, without limitation, any suspected violations of the Terms or applicable law, or any misconduct or other behavior by other users of the Site), please contact us at: info @ LearningAdvisor.com.
19. Miscellaneous. By using the Site, you represent and warrant that you are 13 years of age or older. The Terms contain the entire agreement between you and us and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software. We may assign any rights and licenses granted in the Terms without restriction. In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall control. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You understand and agree that if you have any claim or dispute with the Site or us, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one-year period, your claim against the Site and/or us is permanently barred.
© 2015 LearningAdvisor® Contributed content used with permission.