Legal & Copyright

TERMS OF USE

Welcome to CollegeLab.net! CollegeLab.net is a network site of CollegeLab Inc. CollegeLab Inc. ("CollegeLab," "we," "us") provides this web site and all of its site-related products (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.



This Agreement is made between CollegeLab and Site visitor ("you"). We reserve the right at any time to: (i) change the terms of this Agreement; (ii) change the Site, including eliminating or discontinuing any content on or feature of the Site; or (iii) change any fees or charges associated with use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Please review this Agreement periodically to ensure your familiarity with the most current version.

I. Code of Conduct. While using this Site, you agree not to:

(a) Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
(b) Use the Site for any unlawful purpose;
(c) Express or imply that any statements you make are endorsed by us, without our prior written consent;
(d) Transmit any of the following:
(i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
(ii) any individually identifiable non-public information about persons other than yourself or your dependents without their authorization to do so;
(iii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
(iv) any posting involving any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
(v) any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
(vi) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
(vii) remove any copyright, trademark, or other proprietary rights notices contained in the Site;
(viii) "frame" or "mirror" any part of the Site without our prior written authorization;
(ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
(x) harvest or collect information about Site visitors without their express consent.

While using this Site, you agree to comply with all applicable laws, rules and regulations. Upon our request, you agree to sign a non-electronic version of this Agreement.

II. Making Purchases. If you wish to purchase services or products described on the Site, you may be asked by third parties, for whom CollegeLab is an affiliate, to supply certain information applicable to your purchase, including, without limitation, credit card and other information. These third parties may make certain of that information available to CollegeLab in order to substantiate or clarify their actions under an affiliate agreement with CollegeLab. You understand that CollegeLab will treat any such information in the manner described in our Privacy Statement.

III. Submissions and Postings. Please note that, because we may host a discussion Weblog on this site (this and any future discussion Weblogs we decide to host on this Site, the "Weblog") and therefore redistribute materials you give use, we require certain rights in those materials. Therefore, by sending or transmitting to us creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Site, you grant us a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

IV. Weblog. To participate in any Weblog organized by CollegeLab, users posting messages must be over the age of 13. The Weblog is designed to help readers obtain information on education-related subjects and discuss ways to make education-related decisions. This information is sometimes provided by our staff and sometimes by other contributors, who may use anonymous screen names and are people not otherwise connected with CollegeLab. We recognize that while we make available information in our Weblog, people may occasionally post messages or make statements that are misleading, deceptive, or downright wrong. They may do this unintentionally, or even intentionally. Therefore, treat the contributors here the same way you would treat anyone you had met for the first time, because any party may post to a prospective Weblog.

We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or Weblog by third parties, whether such third parties are visitors to the Site or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, consultants or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. It is your responsibility to evaluate, and we cannot and do not take responsibility for, the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Site.

Any CollegeLab Weblog will not be affiliated with, or endorsed, by any of the companies, associations, organizations, or educational institutions described or mentioned therein. The opinions expressed in the Weblog reflect solely the opinion(s) of the participants - our Site visitors - and may not reflect the opinion(s) of CollegeLab. We have no obligation to monitor the Site or the Weblog, or any other materials that you or other third parties transmit or post onto the Site or the Weblog. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Weblog and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to the Weblog); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves and our visitors; and to comply with legal obligations or governmental requests.

The users of our Weblog must not post sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence. Nor shall users identify individuals in a negative or derogatory fashion. Users are also prohibited from posting any proprietary information, trade secrets or confidential information, which is the property of any other individual or entity, without the permission of such individual or entity. Although CollegeLab has no obligation to do so, CollegeLab will monitor messages posted on its Weblog and reserves the right to delete portions of or entire posts that violate the above rules, messages or topics that are unrelated to the specific message board on which they are posted, and advertisements, recruiting or other commercial messages. If you believe a message violates our policies, please contact CollegeLab immediately at collegelab@optonline.net so that we can consider its editing or removal.

V. Ownership and Restrictions on Use. © 2004 CollegeLab LLC. All rights reserved. The Site is owned and operated by CollegeLab LLC. All of the writing on the Site is the property of CollegeLab LLC and is protected under copyright. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site in any way, without our prior written permission, except that you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright or other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. To learn more about our copyright protection or if you would like to make a claim of copyright infringement, please read our copyright notice.

Any trademarks, including test names, used on the Site are the property of their respective owners. Please read our Trademark notice for further details on the use of trademarks on the Site.

VI. Jurisdiction. CollegeLab controls and operates the Site and is a limited liability company registered in the State of Colorado in the United States of America. CollegeLab makes no representation that materials in the Site are appropriate or available for lawful viewing, access, or use outside of the United States. If you access the Site from outside of the United States, you do so at your own initiative and at your own risk and are responsible for compliance with the laws of your jurisdiction, if and to the extent the laws of your jurisdiction are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service or other product described thereon to any person, geographic area, or jurisdiction that CollegeLab so desires, at any time and in our sole discretion, and to limit the quantities of any such service or other product that we provide.

VII. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

VIII. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLLEGELAB AND ITS AFFILIATES, SUPPLIERS, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. (APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU). COLLEGELAB AND ITS AFFILIATES, SUPPLIERS, CONSULTANTS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF COLLEGELAB OR ITS AFFILIATES, SUPPLIERS, CONSULTANTS, AGENTS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Weblog could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Weblog. Although CollegeLab attempts to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at info@CollegeLab.net with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, read the copyright notice below.

IX. Limitation of Liability. NEITHER COLLEGELAB NOR ITS AFFILIATES, SUPPLIERS, CONSULTANTS OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COLLEGELAB FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

X. Indemnification. You agree to indemnify, defend and hold us, our members, officers, directors, managers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your violation of the Code of Conduct above; and/or (d) your activities in connection with the Site.

XI. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Denver, located in Denver, Colorado, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with CollegeLab's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

COPYRIGHT NOTICE

All of the writing in the Site (defined above, under the heading "Terms of Use") is the property of CollegeLab (defined above, under the heading "Terms of Use") and is protected under copyright. None of the material may be reproduced without our prior written consent, with the exception of downloading or printing a single copy for yourself for offline viewing (see also Section V, above, "Ownership and Restrictions on Use"). This copyright extends from original CollegeLab material, to the raw compilations of posts in our stock folders, to the edited and filtered compilations of posts that we may sell and distribute. CollegeLab reserves the right to republish the material contributed by our readers and visitors. By posting a message on the Weblog (defined above, under the heading "Terms of Use"), you expressly grant the right to CollegeLab to republish or sell the message as part of our edited compilations or otherwise.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CollegeLab infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CollegeLab to locate the material on the Site;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CollegeLab a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter-notices with respect to the Site should be sent to CollegeLab, 30 High St., Rye, NY 10580 and collegelab@optonline.net. Also, be aware that there can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Last updated: March 26, 2008

Please read our Privacy Statement and our Trademark Notice.