This application/website, THECOLLEGETOURIST.COM (“COLLEGETOURIST”) hosts an interactive social platform which is an exciting and entertaining web-based forum for engaging users in an interactive environment. The following governs your access and use of COLLEGETOURIST, including all accounts, posted multimedia, comments, and other information and/or any other content (collectively, “Content”) available on or through COLLEGETOURIST, as engaged by you or other users. For convenience, COLLEGETOURIST and its related businesses 27Lattitude, LLC, its executives, directors and employees, are referred to hereinafter collectively as “COLLEGETOURIST.”
BY ELECTRONICALLY ACCESSING COLLEGETOURIST, CREATING A PERSONAL USER ACCOUNT ON COLLEGETOURIST, AND/OR ENGAGING IN ANY OF THE INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH COLLEGETOURIST, YOU AGREE:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE COLLEGETOURIST OR ANY OF THE CONTENT. MOREOVER, COLLEGETOURIST DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE COLLEGETOURIST OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
COLLEGETOURIST may contain links to third party websites that are not owned or controlled by COLLEGETOURIST. COLLEGETOURIST has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, COLLEGETOURIST will not and cannot censor or edit the content of any third-party site. By using COLLEGETOURIST, you expressly relieve COLLEGETOURIST from any and all liability arising from your use of any third-party website.
GENERAL PERMISSIONS AND RESTRICTIONS
COLLEGETOURIST hereby grants you permission to access and use COLLEGETOURIST as set forth herein, provided that:
You agree by accessing, browsing or otherwise using COLLEGETOURIST, COLLEGETOURIST and the Content are, remain and/or will become the sole property of COLLEGETOURIST or third-party providers, as applicable. Except as expressly permitted by COLLEGETOURIST in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view COLLEGETOURIST and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by COLLEGETOURIST) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
Unless otherwise provided in writing by COLLEGETOURIST, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of COLLEGETOURIST or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.
ADDITIONAL USER RESTRICTIONS
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on COLLEGETOURIST.
A. The Content on COLLEGETOURIST, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to COLLEGETOURIST or on of its business partners, subject to copyright and other intellectual property rights under the law. Content on COLLEGETOURIST is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. COLLEGETOURIST reserves all rights not expressly granted in and to COLLEGETOURIST and the Content.
B. To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of COLLEGETOURIST. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of COLLEGETOURIST or otherwise as prohibited herein.
D. You may access COLLEGETOURIST Content and other content only as permitted herein. COLLEGETOURIST reserves all rights not expressly granted in and to the COLLEGETOURIST Content and the COLLEGETOURIST website and application.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through COLLEGETOURIST for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of COLLEGETOURIST or features that prevent or restrict use or copying of any Content or enforce limitations on use of COLLEGETOURIST or the Content therein.
G. You understand that when using COLLEGETOURIST, you may be exposed to content from a variety of sources, and that COLLEGETOURIST is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third party content. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against COLLEGETOURIST with respect thereto, and agree to indemnify and hold COLLEGETOURIST, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
COLLEGETOURIST USER ACCOUNTS
In order to access some features of COLLEGETOURIST, you may have to create a COLLEGETOURIST user account either directly or through one of COLLEGETOURIST’s strategic business partners, which may also work with COLLEGETOURIST. You agree never to use another’s account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify COLLEGETOURIST immediately of any breach of security or unauthorized use of your account.
Although COLLEGETOURIST is not liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of COLLEGETOURIST or others due to such unauthorized use.
Access to certain areas of COLLEGETOURIST or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering for a personal account with COLLEGETOURIST. By registering, you represent, warrant and covenant that: (i) You are of lawful age in your jurisdiction to access the COLLEGETOURIST Content; (ii) You are using your actual identity; (iii) You have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto COLLEGETOURIST using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through COLLEGETOURIST. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any third party.
In addition, you agree that you are entirely responsible for any and all activities which occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account should you fail to sufficiently disconnect and/or log off COLLEGETOURIST and/or a public computer system. Accordingly, you absolve and release COLLEGETOURIST from any claim of harm resulting from a third party undertaking the activities.
COLLEGETOURIST reserves the right to deny or revoke access to COLLEGETOURIST, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify COLLEGETOURIST immediately.
COLLEGETOURIST may monitor or review any areas on COLLEGETOURIST where users upload Content, transmit or post Content or communicate with each other, or the like. However, COLLEGETOURIST does not undertake to monitor or review every posting or communication, and COLLEGETOURIST disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
While COLLEGETOURIST may monitor the content of the communications from time to time, COLLEGETOURIST does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of COLLEGETOURIST. COLLEGETOURIST, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
COLLEGETOURIST may disclose any records, electronic communications, information, materials or other content of any kind (i) if COLLEGETOURIST believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate COLLEGETOURIST; or (iii) to protect our rights or property or the rights or property of our users and business partners.
COLLEGETOURIST and the Content contained and referenced therein are subject to copyrights owned by COLLEGETOURIST, and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by COLLEGETOURIST. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to COLLEGETOURIST c/o Jon Fallon, Esq., Mandelbaum Salsburg, P.C., 155 Prospect Avenue, West Orange, NJ 07052.
All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on COLLEGETOURIST are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of COLLEGETOURIST or its affiliates or licensors. In countries where any of the COLLEGETOURIST trademarks, service marks, domain names, logos and company names are not registered, COLLEGETOURIST claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on COLLEGETOURIST may be trademarks of their respective owners.
COLLEGETOURIST does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademark. With respect to the Other Trademarks owned by COLLEGETOURIST, you may contact COLLEGETOURIST by sending a letter to COLLEGETOURIST c/o Jon Fallon, Esq., Mandelbaum Salsburg, P.C., 155 Prospect Avenue, West Orange, NJ 07052, to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to COLLEGETOURIST.
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of COLLEGETOURIST and the Content, and all intellectual property rights embodied therein, are the property of COLLEGETOURIST or its licensors, suppliers or affiliates.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
COLLEGETOURIST vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, COLLEGETOURIST may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
COLLEGETOURIST AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. COLLEGETOURIST MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. COLLEGETOURIST AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. COLLEGETOURIST DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH COLLEGETOURIST.
COLLEGETOURIST DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT COLLEGETOURIST AND YOUR USE OF COLLEGETOURIST WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COLLEGETOURIST OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLLEGETOURIST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF COLLEGETOURIST AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT COLLEGETOURIST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF COLLEGETOURIST AND THE CONTENT IS AT YOUR OWN RISK.
COLLEGETOURIST WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF COLLEGETOURIST AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. COLLEGETOURIST WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, COLLEGETOURIST AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH COLLEGETOURIST, EVEN IF THERE IS NEGLIGENCE BY COLLEGETOURIST OR BY AN AUTHORIZED COLLEGETOURIST REPRESENTATIVE, OR AN AUTHORIZED COLLEGETOURIST REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. COLLEGETOURIST’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO COLLEGETOURIST, IF ANY, TO ACCESS COLLEGETOURIST.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLLEGETOURIST, COLLEGETOURIST’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
You absolve and release COLLEGETOURIST and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
COLLEGETOURIST reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to COLLEGETOURIST and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through COLLEGETOURIST.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from COLLEGETOURIST, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon COLLEGETOURIST’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by COLLEGETOURIST.
Any legal notice, other document or communication required or permitted hereunder to COLLEGETOURIST will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to COLLEGETOURIST c/o Jon Fallon, Esq., Mandelbaum Salsburg, P.C., 155 Prospect Avenue, West Orange, NJ 07052.
Notices to COLLEGETOURIST shall be deemed delivered when actually received by COLLEGETOURIST or its authorized representatives.
Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to COLLEGETOURIST when you register. Such notice will be deemed received by you the next business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from COLLEGETOURIST, you represent and warrant to COLLEGETOURIST that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
Except as described otherwise, COLLEGETOURIST is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use COLLEGETOURIST from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of COLLEGETOURIST, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., YOU AND COLLEGETOURIST AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and COLLEGETOURIST (the “parties”) concerning COLLEGETOURIST or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New Jersey. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by COLLEGETOURIST to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by COLLEGETOURIST of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
COLLEGETOURIST is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and COLLEGETOURIST.
This constitutes the entire agreement between you and COLLEGETOURIST with respect to your use of COLLEGETOURIST and the Content, and supersedes any and all prior understandings or agreements between you and COLLEGETOURIST, whether written or oral. You acknowledge that, in providing you access to and use of COLLEGETOURIST and the Content, COLLEGETOURIST has relied on your acceptance of this agreement.