My College Advocate, LLC
Website Terms and Conditions
Last modified May 26, 2020
Welcome to https://mycollegeadvocate.com (the “Site”). The Site is comprised of various web pages operated by MY COLLEGE ADVOCATE, LLC (“MCA”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
The Site is a For-Profit Site.
The purpose of our website it to provide a central location to connect users to MCA free resources, and paid services and offerings.
Visiting the Site or sending emails to MCA 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 communications be in writing.
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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MCA is not responsible for third party access to your account that results from theft or misappropriation of your account. MCA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in MCA’s sole discretion.
Children Under Thirteen
MCA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services and Social Media Features
You may link to the Site homepage, provided you do so in a way that is fair and legal and does not damage MCA’s reputation or take advantage of it, but you must not establish a link in any way as to suggest any form of association, approval, or endorsement on the part of MCA without the express written consent of MCA.
The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site; send emails or other communication with certain content, or links to certain content, on the Site; and/or cause limited portions of content on the Site to be displayed to appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by MCA, and solely with the respect to the content they are displayed with and in accordance with any additional terms and conditions provided by MCA with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking;
- Link to any part of the Site other than the homepage;
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with MCA in causing any unauthorized framing or linking immediately to stop. MCA reserves the right to withdraw linking permission without notice. MCA may, in its sole discretion, disable all or any social media features and any links at any time without notice.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MCA, and MCA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MCA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCA of the site or any association with its operators. If you decide to access any Linked Sites, you do so entirely at your own risk. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that MCA may share such information and data with any third party with whom MCA has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to MCA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MCA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
MCA content is not for resale. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MCA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MCA or our licensors except as expressly authorized by these Terms.
If you print, copy, modify, download, or otherwise use and/or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site may stop immediately and you must, at MCA’s option, return or destroy all copies of the materials that you have made. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree to not to use the Site:
- In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US and other countries).
- For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another use, or any other person or entity (including, without limitation, by using email addresses, screen names, or the like associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by MCA, may harm the Company or Users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without MCA’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
The Site is controlled, operated and administered by MCA from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MCA Content accessed through https://mycollegeadvocate.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. MCA does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. MCA disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such materials and all other content, other than the content created by the Company, are solely the opinions and the responsibility of the person and/or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company, and the Company is not responsible or liable to you or any third party for the content and/or accuracy of any information and/or materials provided by third parties.
You agree to indemnify, defend and hold harmless MCA, its owners, members, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services thereunder, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MCA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MCA in asserting any available defenses.
At MCA’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association, or its successor, applying Ohio law.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MCA agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
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. MY COLLEGE ADVOCATE, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Limitation on Time to File Claims
MCA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of courts in Maine in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCA as a result of this agreement or use of the Site. MCA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MCA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MCA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MCA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MCA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
MCA reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. MCA encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Site following the posting of updated Terms means that you accept and agree to all revisions therein. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
MCA welcomes your questions or comments regarding the Terms:
My College Advocate, LLC
77 Dodge Rd.
Edgecomb, Maine 04556
Email Address: firstname.lastname@example.org
Telephone number: 614-946-9521
Effective as of June 01, 2020