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Cappex.com Terms of Use

Following are the terms and conditions under which you may use the Cappex Site ("Web Site"). If you do not accept these Terms of Use, please do not use this web site and service. By using this Web Site, you are indicating your acceptance of these Terms of Use, including all terms and condition for the use of the Web Site. Cappex.com, LLC ("Cappex") may revise these Terms and Conditions at any time by updating these Terms of Use as they are displayed on this web site. We are not required to contact you prior to making any change to these Terms of Use. You should visit this page periodically to review these Terms of Use, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

Use of Cappex.com and the Web Site Content.

Cappex 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 Cappex's control which are accessible through this Web Site Cappex, (the Web Site and such other websites including www.meritaid.com are collectively referred to as "Cappex Sites," and individually a "Cappex Site"), including all text, images, graphics, logos, links, button icons, software and other content (collectively, "Web Site Content"), are protected under both United States copyright, trademark and other laws. All Web Site Content is the property of Cappex, 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 Cappex and is also protected by United States 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 Cappex Sites are strictly prohibited.

Cappex Site Security Rules.

You are prohibited from violating or attempting to violate the security of any Cappex 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 Cappex 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.

Permitted Uses.

Cappex 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. Cappex 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 Cappex Site:

  • (a) Using any device, software or routine to interfere or attempt to interfere with the proper working of any Cappex Site or any activity being conducted on the Web Site;
  • (b) 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 Cappex Site other than the search engine and software available from Cappex on such Cappex Site and other than generally available third party web browsers such as Microsoft Explorer is strictly prohibited;
  • (c) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Cappex Site;
  • (d) Taking any action which imposes an unreasonable or disproportionately large load on any Cappex Site's infrastructure, including, without limitation, denial of service attacks; and
  • (e) Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Cappex Site.

User Information.

When you register for the Web Site, you will be asked to provide Cappex with certain information including, without limitation, a valid email address (your "Personal Information"). In addition to the terms and conditions that may be set forth in Cappex Privacy Policy on this Web Site, you understand and agree that Cappex may disclose to third parties, on an anonymous basis, certain aggregate information based on the information you provide to Cappex and your usage of the Web Site. Cappex will not disclose to any third party your name or other Personal Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, subpoena, or other legally compelled disclosure. Cappex reserves the right to offer third party services and products to you based on the information and preferences that you provide to Cappex during your registration at the Web Site and at any time thereafter; such offers may be made by Cappex or by third parties. Please see Cappex's Privacy Policy for further details regarding your Personal Information. We are not responsible for any data collection and practices of nonaffiliated third-parties that are linked to from our Web Site.

Children Under the Age of 13

The safety and privacy of children is very important to us. We are committed to comply with the requirements of all federal and state law, including the Children's Online Privacy Protection Act of 1998 ("COPPA"). For more information about COPPA, please visit the Federal Trade Commission's website at COPPA Website.

This Web Site is not intended for children under the age of 13. Cappex will not knowingly register or otherwise collect Personal Information from persons who identify themselves as being under the age of 13 during the registration process, without the prior consent of such child's parent or guardian.

Password.

When you register at the Cappex Site, you will be requested to enter a password which will provide you with access to the Cappex Site, our services and your account. You are responsible for maintaining the secrecy of your password. While you will be able to permit others to access your account and information, such as parent, guardian or school counselor, each such person will set their own password the first time they access your account. You shall be responsible for all uses of your account, whether or not expressly authorized by you. Cappex may rely upon any instructions provided by any person accessing your account after inputting your password, including the release of your Personal Information. In the event of a lost password, you agree that Cappex may email such password to the email address in our records and associated with your account. You agree that Cappex shall not be liable for any misuse as a result thereof.

Policy Regarding Persons Who Violate these Terms of Use or Infringe the Intellectual Property Rights Of Others

Any violation of these Terms of Use may result in the immediate denial of access to the Cappex Site and use of the Cappex Services. Cappex and our affiliated companies respect the intellectual property of others, and we request that our Users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Cappex Site to infringe the privacy or intellectual property rights of others in any way. We may terminate the accounts of any account holders, and block access to our Web Site and/or the other Cappex Sites of any users, who improperly access or use the Personal Information of others or infringe on the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked. You are deemed to be responsible for all actions taken by persons to whom you grant access to your account.

Interactions with other Users

The Cappex 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 Cappex, and Cappex 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:

  • (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
  • (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks;
  • (3) falsifies or deletes author attributions, legal notices or other proprietary designations;
  • (4) violates any law;
  • (5) advocates illegal activity;
  • (6) knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer, or
  • (7) advertises or otherwise solicits funds or sales of goods or services.

Cappex 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 Cappex 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 Cappex 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 Cappex.

No Warranties.

This Web Site acts as a venue for students and their parents to search for and learn about colleges and universities and financial aid alternatives. Cappex is not involved in the actual admission process between colleges, universities and students, or any transactions with advertisers appearing on the Web Site or in newsletters. As a result, Cappex 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. Cappex is in no way responsible for the ability of colleges to provide a quality education. Cappex is not responsible for the information or recommendations appearing on any forum or chat room associated with any Cappex Site. If you choose to interact with others on Cappex, including but not limited to inviting parents, guidance counselors or fellow students to share your profile information, be advised that while Cappex 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 Cappex Sites and agree to hold Cappex harmless from any and all claims that may arise from such interactions.

The Web Site Content may contain inaccuracies or typographical errors. Cappex makes no representations about the accuracy, reliability or completeness, of any Cappex Site or the Web Site Content or the timeliness of any services therein provided. The use of the Cappex Sites and the Web Site Content is at your own risk. Changes are periodically made to the Cappex 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 college or 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.

CAPPEX DOES NOT WARRANT THAT ANY CAPPEX SITE WILL OPERATE ERROR-FREE OR THAT ANY CAPPEX SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY CAPPEX SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAPPEX IS NOT RESPONSIBLE FOR THOSE COSTS. THE CAPPEX 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, CAPPEX 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 CAPPEX, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CAPPEX 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 CAPPEX SITE AND THE WEB SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAPPEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aggregate liability for Cappex to you for all claims arising from the use of the Web Site or any Cappex 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 Cappex.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 Cappex Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Cappex of the contents on such third-party Web sites. Cappex 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 Cappex Site, you do so at your own risk.

"Powered By" Content.

Cappex may embed certain features, functionality and content of third party sites within the Cappex site. Such integrations will be labeled as "Powered By," "Provided By," or similar language to that effect. As with links to other sites, Cappex 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.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Cappex Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Cappex, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from or resulting to your use of any Cappex Site or your breach of these Terms of Use. Cappex shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General.

Cappex makes no claims that the Web Site or the Web Site Content may be lawfully viewed or accessed outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use or the use of the Web Site shall lie exclusively with the state or federal courts within Chicago, Illinois, and by use of the Web Site you submit to the jurisdiction of these courts. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, such invalid provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any compliance with these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between you and Cappex with respect to the use of Web Site. These Terms of Use may amended at any time and from time to time, by a revised posting on this page. We do not undertake any obligation to otherwise notify you of such amendment.

Additional Terms of Use.

Certain areas of this Web Site and the other Cappex Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Cappex does not provide or make any representations, warranties or guarantees as to the quality or nature of any of the products or services purchased through Web Site or any other Cappex Site. Any such representation, warranty or guaranty would be furnished solely by the provider of the product or service, under the terms agreed to by the provider.

Last Updated: June 9th, 2011