These terms and conditions ("Terms") apply to your use and access of web sites owned and operated by Cappex.com, LLC ("Cappex"), including www.cappex.com, www.collegegreenlight.com and www.americanscholarships.com and any related services that are available on those web sites, including Cappex College Advising subscription ("Cappex Sites"). By using a Cappex Site and/or creating an account on a Cappex Site, you accept these Terms. Cappex may revise these Terms at any time by updating them as they are displayed on the Cappex Sites. We are not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals or entities accessing this Cappex Site.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
USE OF CAPPEX SITES
Cappex authorizes you to view and access Cappex Sites solely for your personal, non-commercial use to aid in your college search and application process ("Permitted Use"). You may not copy or adapt any of the Web Site Content (defined below) or the underlying code with respect to any portion of any Cappex Site or the content appearing therein. You may not use any Cappex Site for any purpose that violates of any applicable U.S. federal, state or foreign law. You may not to use any Cappex Site to violate the privacy (e.g., by improperly accessing Personal Information) or infringe the intellectual property rights of any third party. You may not use defamatory, threatening, hateful, obscene, or abusive language, images or postings on any Cappex Site.
SUBSCRIPTION TO CAPPEX COLLEGE ADVISING SERVICE
If you purchase and/or use a subscription to the Cappex College Advising service (the “Service”), the following terms apply:
The Service is designed to provide you access to individualized college admission counseling through virtual chats with college admission advisors and other content or tools that may be made available to you from time-to-time. You will be required to create a Cappex Account in order to use the Service. You must be at least 13 years of age to use the Service and you represent and warrant that if you are under the age of majority in your state of residence, you have the consent of your parent or legal guardian to use the Service.
Monthly Subscription / Billing / Cancellation. Your subscription to the Service will be on a periodic basis based on the subscription you select and will automatically renew each period until cancelled. To use the Service, you must have internet access and provide Cappex with a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews the next applicable period in order to avoid billing of the next month's membership fees to your payment method on file with Cappex. You can cancel the Service or change your method of payment at any time by sending an email to firstname.lastname@example.org.
Service Provided. The Service is designed to provide individualized coaching to help guide your through the college admissions process via a live chat function with a college admissions advisor. Time periods during which a live counselor is available may change from time-to-time, but will be posted on the Site. In general, you can expect a live counselor to be available during some time periods 7 days per week. If you submit a question during off hours, you can expect a response within 24 hours. The Service does not include completion of admissions applications or other forms, financial, legal or tax advice that might be needed for financial aid applications/decisions, writing or editing of admissions essays or other tasks that you are required to complete as part of the admissions process. In other words, we coach you on what you need to do, but you are responsible for following through with it. If there is a question that is outside the scope of the Service, we may refer you to third party partners who provide more specific services to meet your needs, which may involve additional fees. In some cases, Cappex users may receive a discount on these services and similarly, Cappex may be compensated for making the referral.
Disclaimers. Without limiting any disclaimers contained in the “No Warranties” section of these terms, with respect to your use of the Service, you acknowledge and agree that (a) college admission decisions cannot be guaranteed and Cappex makes no representation or warranty as to any result of the college admissions process, (b) the Service does not replace the relationship that you may have with your school guidance counselor and you are responsible for following all school procedures related to submitting or obtaining applications, supporting documents, transcripts, letters of recommendation, school report forms, etc., and (c) you are responsible for completing and submitting all college applications in accordance with required deadlines and communicating as necessary with school officials.
As between you and Cappex, Cappex owns the copyright in all content of the Cappex Sites, including text, images, graphics, logos, links, button icons, software and other content (collectively, "Web Site Content"). Trademarks and logos used on the Cappex Sites are owned by Cappex or are used with permission from the respective owners or in accordance with applicable law. No use of any Cappex trademark or any other trademark listed is permitted without express written consent. Cappex trademarks include Cappex ®, Your College Decision Headquarters ®, College Greenlight ®, What Are My Chances? ®, CappexConnect ® and others.
CAPPEX SITE SECURITY RULES
You may not violate or attempt to violate the security of any Cappex Site, including (a) intercepting or accessing data the user is not authorized to access, (b) attempting to scan the vulnerability of a system or network or to breach security or authentication measures without Cappex's prior express written authorization, (c) attempting to interfere with service to any user, host or network, including transmitting a virus to any Cappex Site or similar malicious activity, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Security violations may result in civil or criminal liability.
Cappex Sites are for Permitted Uses only. You agree you will not:
- (a) Use any device, software or routine to interfere or attempt to interfere with the proper working of any Cappex Site;
- (b) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, 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;
- (c) Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithm related to any Cappex Site;
- (d) Attempt to compromise the security or privacy of another Cappex user's personal information;
- (e) Impose an unreasonable or disproportionately large load on any Cappex Site's infrastructure; and
- (f) Aggregate, copy or duplicate any of the Web Site Content or information available from any Cappex Site.
Cappex Sites and the services offered on them are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
When you register at a Cappex Site, you must create a password for future access to your Cappex Site account. You must maintain the confidentiality of your password as you are responsible for all activity that occurs under your account when authenticated with your password. You agree to notify Cappex immediately of any unauthorized use of your account or password, or any other breach of security. You will be able to permit others to access your account and information, such as a school counselor or advisor, and each person will set their own password the first time they access your account. Your granting of permission to these other users is at your own risk and Cappex is not responsible for any action taken by those other users. If you lose your password, Cappex may email your password to the email address in our records and associated with your account. Cappex is not liable for any misuse as a result thereof.
VIOLATION OF THESE TERMS
Any violation of these Terms as determined by Cappex in its sole discretion may result in the immediate denial of access to the Cappex Sites. Cappex may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.
INTERACTION WITH OTHER USERS
The Cappex Sites may contain chat rooms, public posting forums or other forums permitting direct communications with other Users (each a "Public Access Area"). Any information provided by you in a Public Access Area is public. Cappex is not responsible for any information posted and/or viewed in Public Access Areas. You may not post content to a Public Access Area that violates any applicable law, contains offensive or abusive content, advertises or solicits funds, goods or services or contains viruses or other material that may damages another's computer.
Cappex may remove any content from any Public Access Area at any time and without notice. By posting in a Public Access Area any content authored or owned by you, you automatically waive all rights to any intellectual property that may be contained in such posting and, if for any reason that waiver is determined to be invalid, you 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.
Cappex Sites are a venue for students and their parents to search for and learn about colleges and universities and financial aid alternatives and in some circumstances, apply directly to those colleges and universities through the Application Service. Other than processing applications in connection with the Application Service, Cappex does not control and is not involved in admissions decisions or the admission process between colleges, universities and students. Cappex is not responsible for transactions with advertisers appearing on a Cappex Site or in newsletters.
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 any Cappex Site, such changes may be made at any time.
Certain Web Site Content may contain information about paying for college and related tax or legal consequences. You understand that this content is provided for informational purposes only and is not a substitute for professional advice from qualified practitioners. You should always seek professional advice tailored to your individual circumstances.
Certain portions of the Web Site Content may indicate to you your likelihood of admission to a particular college or university. Such services are for directional purposes only and should not be relied upon 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 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 OR THE SERVICE 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 OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAPPEX IS NOT RESPONSIBLE FOR THOSE COSTS. THE CAPPEX SITES, THE WEB SITE CONTENT AND THE SERVICE 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
USE OF CAPPEX OR COLLEGE GREENLIGHT APPLICATION
Certain colleges and universities will allow you to apply for admission directly through Cappex Site through the Cappex and/or College Greenlight Application, or (for students outside the United States) Cappex American Scholarships (the "Application Service"). Other than using the Application Service, your use of any Cappex site is not an application to colleges and universities. The Cappex Sites assist Users in evaluating colleges and universities as part of the college selection process.
USE OF CAPPEX AMERICAN SCHOLARSHIPS
Students residing outside the United States may use the Cappex American Scholarships Application Service to apply to certain colleges and universities. Students meeting certain criteria may be eligible for scholarships at certain institutions. The scholarships offered through Cappex American Scholarships are provided by the applicable institution and not by Cappex. While Cappex has obtained an agreement from these institutions to offer scholarships to Cappex American Scholarships users who meet certain criteria, the institution is the final decision maker with respect to admission and the ultimate award of a scholarship. Cappex cannot guarantee admission to any institution or the ultimate aware of a scholarship.
LINKS TO OTHER SITES
The Cappex Sites contain links to third party web sites or embed functionality from third party sites labeled as "Powered By" or similar language. These links and integrations 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 such third party content or the collection of your information on 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.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of any Cappex Site.
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 reasonable legal and accounting fees, arising out of the use of any Cappex Site by You or any account You created. Cappex must provide notice to you promptly of any such claim, suit, or proceeding, but only to the extent failure to provide prompt notice would prejudice your ability to defend the claim, and will assist you, at your expense, in defending any such claim, suit or proceeding. Cappex reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide Cappex with any cooperation Cappex reasonably requests.
ARBITRATION AGREEMENT; CLASS WAIVER, WAIVER OF TRIAL BY JURY
Please read this Arbitration Agreement carefully. It is part of your contract with Cappex and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any Cappex product or service that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Cappex, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Cappex.com, ATTN: Legal Department, 311 S. Wacker Drive, Suite 5900, Chicago, IL 60606. After the Notice is received, you and Cappex may attempt to resolve the dispute informally. If you and Cappex do not resolve the dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration must be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties must agree to select an alternative ADR Provider. The rules of the ADR Provider ("Arbitration Rules") will govern all aspects of this arbitration, including the method of initiating and/or demanding arbitration, except where such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. A single, neutral arbitrator must conduct the arbitration. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party must bear its own costs (including attorney's fees) and disbursements arising out of the arbitration, and must pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration must be conducted by telephone, online and/or based solely on written submissions; the party initiating the arbitration must choose the specific manner. The arbitration may not require any personal appearance by the parties or witnesses unless mutually agreed by the parties.
Time Limits. If you or Cappex pursue arbitration, the arbitration must be initiated or demanded within the legal statute of limitations (i.e., the legal deadline for filing a claim) and any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will have all authority to decide the rights and liabilities, if any, of you and Cappex in accordance with applicable law, the Arbitration Rules and these Terms, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes must be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, must be kept confidential unless otherwise required by law. This Paragraph does not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect.
Right to Waive. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Agreement. Such waiver does not waive or effect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret are not subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois, for such purpose.
LAST UPDATED: OCTOBER 15TH, 2018