Effective Date: April 27, 2015
1. Acceptance of Terms
2. Modification to Terms
3. Purchased of Credits; Consultations
Through the Site, you may purchase credits that may be used to consult with professionals who work within the industry in which you are interested and students who attend higher educational institutions and major in fields of study in which you are interested (collectively, "Industry Professionals").
CAUTION: First and foremost ULP encourages you to take care when communicating with Industry Professionals as contact information will be exchanged and all discussions will be conducted off of the Site. Do not meet in person with any Industry Professional (or other individual you communicate with via the Site) under any circumstances and report suspicious behavior to proper authorities. Additionally, be wary of any offers to help for an extra fee. ULP DOES NOT RUN BACKGROUND CHECKS ON ANY INDUSTRY PROFESSIONALS OR OTHER USERS OF THE SITE OR SERVICES AND CANNOT GUARANTEE THE VERACITY OF ANY CLAIMED CREDENTIALS OF SUCH PROFESSIONALS OR OTHER USERS. ULP DOES NOT ENDORSE ANY INDUSTRY PROFESIONAL OR INSTITUTION OF HIGHER EDUCATION. UTILIZE THE ADVICE OF INDUSTRY PROFESSIONALS AT YOUR OWN RISK.
4. Profiles and Social Networking
Students may create a profile on the Site. A student profile is not a substitute or a replacement for a formal application to any college, university or other institution of higher education. Applications for admission to any school must be completed in accordance with the requirements of the specific educational institution. Additionally, creating a profile or communicating with Industry Professionals or administrators does not guarantee acceptance to, admission at, or any preferential treatment with respect to any institution of higher education. ULP does not warrant or represent that a student who creates a profile on the Site will receive a single message from a college, university, or Industry Professional. You understand and agree that ULP has no involvement or influence in the admission process at any school and ULP will not be liable for any rejection, deferral or other outcome resulting either directly or indirectly, from communications between students, schools, and or Industry Professionals.
Administrators at institutions of higher education, such as colleges or universities, may create a profile on the Site only if such institution of higher education is an accredited school, with requisite credentialing, licensing and authority. ULP does not warrant or represent that an institution of higher education that creates a profile on the Site will result in enrollment of any students or messages from any students.
Industry Professionals may post their picture, a short biography, and links to their websites on the social networking platform of the Site. By doing so, the Industry Professional represents and warrants that all information given to ULP is accurate and truthful and in the event any such information changes, then the Industry Professional will update such information. Industry Professionals acknowledge that any alteration of such information by a malicious third party that infiltrates the Site's infrastructure and alters such information as well as any alteration for any reason by any party other than ULP does not place ULP at fault and the Industry Professional shall hold ULP harmless for any such alteration.
ULP DOES NOT REVIEW OR FACT-CHECK INFORMATION CONTAINED IN ANY PROFILE ON THE SITE AND ULP WILL NOT BE HELD ACCOUNTABLE, RESPONSIBLE OR LIABLE FOR ANY FALSE, MISLEADING, OR UNSUBSTANTIATED REPRESENTATION OR TESTIMONIAL MADE BY ANY USER OF THE SITE OR SERVICES.
5. Profile Registration and Security
Users are required to provide their real names and information and ULP needs your help to keep it that way. Here are some commitments you make to ULP relating to registering and maintaining the security of your profile:
a. You will not provide any false information on ULP, create a false identity, or create a profile for anyone other than yourself without permission.
b. You will not create more than one profile.
c. If ULP disables your profile, you will not create another one without express written permission from ULP.
d. You will not use the Site or Services if you are a convicted sex offender.
e. You will keep your profile information accurate and up-to-date.
f. You will not share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile.
6. Third Party Services
Through the Site, ULP provides a venue through which third parties may make offers to you (e.g., offers for student loans, jobs, schools). ULP does not conduct due diligence on such companies and simply offers space on the Website for such companies to advertise their services. You agree and acknowledge that ULP does not endorse the products or services of such companies and shall hold ULP harmless from any harm caused by your use of such products or services.
7. Third Party Contacts
8. Your Warranties and Representations
ULP is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within any online or any other goods or services displayed on or offered through the Site. You understand and agree that the content of this Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold ULP harmless for any errors, omissions, or misrepresentations contained within the Site's content. ULP does not endorse or recommend any product or service and is provided for informational and advertising purposes only.
9. User Provided Data
You warrant and represent that you will provide the most current, accurate, and complete information about yourself where requested by ULP. You are responsible for your use of this Site. ULP will not be responsible or liable for inaccurate, outdated, false, or misleading information created by you or any other user of the Site or Services. You are cautioned to independently confirm and verify the data presented by other users of the Site and Services. Nothing contained in this Site should be used as a substitute for professional medical advice from a qualified healthcare provider, competent legal counsel, or advice from an accountant or professional financial planner.
11. Ownership of Site Content
You acknowledge and agree that any feedback, comments, questions, suggestions, profiles, college reviews, photos, images, ideas, or other information or materials regarding the Site or Services that are provided by you as a submission to ULP or any posting on the Site, shall become ULP's sole property. ULP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any lawful purpose without acknowledgment or compensation to you. You hereby waive your moral rights to any such materials and you hereby warrant that any such materials are original with you or that you have the right to submit such materials. You agree that you shall have no recourse against ULP for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ULP.
13. User Generated Content
You are solely responsible for your use of the Site and Services and you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
a. User Generated Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading.
b. User Generated Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law.
c. User Generated Content that may infringe on the rights of third parties, including any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party.
d. Unsolicited promotions, advertising, or solicitations.
e. Private information of any third party, including, but not limited to, medical record information, email addresses, Social Security numbers, credit cardholder data.
f. Viruses, corrupted data or other harmful, disruptive or destructive files.
g. User Generated Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services, or which may expose ULP or other users of the Site or Services to any harm or liability of any type.
Always use caution when giving out any personally identifying information about yourself in any User Generated Content. ULP does not control or endorse the content, messages or information found in any User Generated Content and the views and opinions expressed by users of the Site and Services do not necessarily state or reflect those of ULP; therefore, ULP specifically disclaims any liability with regard to the User Generated Content.
ULP will maintain and store any of your User Generated Content for as long as ULP operates the Site. In the event that you desire that ULP delete any of your User Generated Content, including your User ID, you must notify ULP via email.
You may terminate your account on the Site at any time by emailing ULP requesting that your account be deleted.
14. Interactive Computer Service Provider
With regard to certain Services, ULP is an interactive service provider under § 230 of the Communications Decency Act. ULP's Site may publish user generated content and links to third party websites that are not owned or operated by ULP. Third party websites are not under ULP's control and ULP has no responsibility for the quality, content, nature, or reliability of these third party websites or for the user generated content of those websites accessible by hyperlink from the Site or websites linking to the Site. ULP provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by ULP of any website. ULP's provision of the Site as an interactive service provider does not imply its approval or endorsement of third party or User Generated Content. You use third party websites at your own risk, and you expressly warrant and agree to hold ULP harmless for any and all liability arising out of your use of third party websites.
ULP is not obligated to review or monitor the Site, but it may choose to do so. ULP may delete or remove the Site or Services, including User Generated content, without notice and for any reason.
16. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with ULP by email to: info@StudentMentoringGroup.co Please see 17 U.S.C. 512(c)(3) for the requirements of a proper takedown notification. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by ULP or the alleged infringer as the result of ULP's reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.
If you believe that content you submitted that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to ULP's designated copyright agent, at the above email:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by ULP's copyright agent, ULP may send a copy of the counter-notice to the original complaining party informing that party that ULP may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please note that under Section 512(f) of the Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. – See more at: http://www.studentmentoringgroup.com/terms-of-use/#sthash.EiUg58nd.dpuf
18. Limited License to Use Site
a. Republish, incorporate, or otherwise use the Site or reproduce, distribute, publicly perform, or publicly display any Services.
b. Harass, intimidate or bully any other user.
c. Use any data mining, robots, scraping, or other data gathering or extraction methods on the Site.
d. Modify or otherwise make any derivative use of the Site or Services.
e. Download any portion of the Site or Services, except as expressly permitted on the Site.
f. Resell or use the Site for commercial use without the express written consent of ULP.
g. Use the Site or Services to gain advertising or subscription revenue.
h. Sell advertising on the Site or any other website that is targeted to any Services.
i. Use the Site or Services in any way that ULP finds, in its sole discretion, competes with or displaces the market for the Site or Services.
j. Use or disclose any information obtained from the Site or Services (including personal information about other users) upon the earlier of the date your profile on the Site is disabled or your registered account on the Site is no longer active or you are no longer a trusted partner of ULP.
ULP accepts advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell though those advertisements. ULP simply provides the space to place such advertisements, and has no other relationship with advertisers or sponsors.
1. The ADVERTISER understands and acknowledges that even after they have signed up to advertise with ULP and have given ULP all the required elements and information, that the ADVERTISER'S premium school profile could still be incomplete and additional feedback from the ADVERTISER may be required.
2. That just because the ADVERTISER uses the ULP'S premium profile and advertises their school with the product, it does not guarantee any designated increase in student enrollment.
3. The ADVERTISER understands and acknowledges that the site could be hacked by an outside source and as a result, the ADVERTISER'S premium profile could be modified with changes that they did not consent to. Accordingly, the ADVERTISER understands that malware, viruses, and cyber attacks are very real despite efforts to prevent these things.
4. The ADVERTISER agrees to hold harmless, waive, and indemnify ULP, and any of its officers, agents, employees, representatives, or its associates, from any and all responsibility, liabilities, demands, or claims of any kind arising from 1) any person's, prospective student, or organization's detrimental reliance upon the ADVERTISER'S premium school profile, and from any cyber attacks, hacking, or security breaches.
5. If any third party does sue ULP for any of the issues mentioned therein in Section 4, ADVERTISER agrees to defend ULP from any alleged wrongdoing and reimburse ULP for any expenses that are incurred, including, but not limited to, attorney fees and court costs.
6. The ADVERTISER understands and acknowledges that if the ADVERTISER does not provide the requested items to ULP to create their premium school profile after they sign up within 1 week of the ULP'S request, any refunds, if any, shall be at the sole discretion of ULP.
7. The ADVERTISER understands that should there be any issue in regards to damages in
relation to this Agreement, by agreement of both parties, the maximum damages that the ADVERTISER may claim is the amount paid for advertising to ULP. The ADVERTISER may not claim or be compensated for more than what they had already paid to ULP.
8. ADVERTISER acknowledges that there is no guarantee of what web traffic will actually be like. ADVERTISER understands that traffic can vary greatly. The traffic figures are beyond COMPANY'S control and can be drastically different from month to month. COMPANY does not guarantee the amount of views, clicks, or leads a given school may receive.
9.ADVERTISER acknowledges that once they have signed up with COMPANY, COMPANY may incur expenses with web programmers and designers to build a school's premium profile. Accordingly, all sales are final upon purchase.
Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Website including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that all advertisements placed on the site qualify as User Generated Content as defined herein and under law. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.
20. Site Visitors and all Others
The Site may include links and advertisements to other websites, products and/or services though advertiser, sponsor and other information displayed on the Site. You acknowledge that these links, whether advertisers, sponsors or others, are provided solely as a convenience to you and not as an endorsement by ULP or by any of its third-party providers regarding the content of those other websites. ULP does not review, qualify or verify any information about its advertisers or sponsors. They simply pay a fee to display their information or advertisement on the Site. Neither ULP nor its other third-party advertisers or sponsors are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links, advertisements or sponsor information including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, including those linked from this Site, you do so at your own risk. ULP will not be responsible for the illegality of or any error in accuracy in any advertisers, or sponsors, materials.
ULP may run contests through the Site wherein photographs or images are submitted for specific purposes. ULP may, but is not required, to offer prizes for contest winners. You must be at least 19 years of age to participate in contests, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website by you is greater than 19 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest registration if you are a legal resident of Alabama or Nebraska. Legal Residents of all 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Maryland, Montana and Vermont, are eligible to participate in contests offered by the Site. Legal residents of the excluded states are ineligible for prizes offered by the Site.
ULP reserves the right to suspend or terminate your ability to participate in any contest in its sole discretion and/or withhold or revoke the awarding of any prizes.
The Services and other materials contained in the Site include both registered and unregistered ULP trademarks, including its domain names, logos, slogans and designs, protected in accordance with the laws of the United States. You may not use ULP's marks, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. In addition, the look and feel of the Site is ULP's service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or affiliation therewith, by ULP.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS. ULP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ULP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ULP IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. ULP ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO ANYONE, OR ALTERATION THEREOF. WHILE ULP ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, ULP CANNON AND DOES NOT REPRESNET OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. USE THE SITE AND SERVICES AT YOUR OWN RISK.
24. Limitation on Liability
IN NO EVENT WILL ULP OR ITS EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO US THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FORM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ULP OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFROMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ULP'S RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold ULP harmless, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys' fees, which arise from:
a. Your use of and access to the Site.
c. Your violation of the rights of a third party, including but not limited to intellectual property rights.
d. Any claims that your User Generated Content caused damage to a third party.
e. Any negligent advice given to any student with whom you connect through the Site.
f. Any overt harmful act toward any student with whom you connected through the Site.
g. Any act or omission by you related to the Site, Services, or your User Generated Content.
26. Errors and Omissions
The Site and Services may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by ULP affiliates. ULP shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. ULP reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the site, Services and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
27. Products and Services
The Site may contain information about products and services offered by ULP affiliates, not all of which are available in every location. Any reference to a product or service on the Site does not imply that such product or service is or will be available in your location.
28. Age Eligibility
29. No Joint Venture
30. Third Party Accounts
You may be able to connect your ULP account to third party accounts, such as social networking accounts, to share both content and the result of the use of User Generated Content. By connecting your ULP account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner do not use this feature.
31. Use of Mobile Services
The Site may be accessed through mobile devices. ULP does not charge for viewing through your mobile devices, but your carrier may. By utilizing the ULP Site through your mobile services, you consent to be notified by ULP by SMS, MMS, text message or other electronic means to your mobile device and that certain information pertaining to your use of the mobile services may be communicated to ULP.
32. Electronic Communications
Visiting the Site or sending emails to ULP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
33. Law, Venue and Arbitration
35. Questions and Comments