Last Updated: March 7, 2014

Gift of College Inc. Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Gift of College Inc. (“Gift of College”, “we,” “us”, “our”) provides this web site and all web site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in these terms of use (these “Terms of Use”). These Terms of Use govern the relationship between Gift of College and you, the Site visitor and/or member (“you”, “your”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of these Terms of Use. Any rights not expressly granted herein are reserved. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use the Site.

We reserve the right at any time to change the terms and conditions of these Terms of Use, change the Site, including eliminating or discontinuing any content on or feature of the Site, or change any fees or charges for use of the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.

Any changes we make shall be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site after such notice shall be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. Upon our request, you agree to sign a non-electronic version of these Terms of Use.

  1. Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about Gift of College, an Internet registry that facilitates Site visitors to make contributions or donations to independent, pre-existing 529 student savings plans established, run and/or otherwise maintained by third parties, including, without limitation, individuals and/or independent securities brokers, that are unaffiliated with Gift of College, as well as provide products and services offered or described on the Site. You may only download the Materials displayed on the Site, or use the downloaded Materials solely for your personal, non-commercial use. The Materials remain the property of Gift of College or its licensors or suppliers. You shall not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you shall otherwise comply with the terms and conditions of these Terms of Use. Gift of College cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose.
  2. No Financial Advice. Gift of College acts as an accommodator only. We do not provide any financial advice or services of any kind. The Site is a registry that acts solely to facilitate Site visitors to make contributions or donations to independent, pre-existing 529 student savings plans established, run and/or otherwise maintained by third parties, including, without limitation, individuals and/or independent securities brokers that are unaffiliated with Gift of College. GIFT OF COLLEGE IS AFFILIATED WITH PROGRESSIVE ASSET MANAGEMENT. ALL SECURITIES OFFERED (IF ANY) AND ALL SECURITIES RELATED SERVICES WILL BE PROVIDED BY PROGRESSIVE ASSET MANAGEMENT, MEMBER FINRA/SIPC.
  3. Subscriptions. Some areas of the Site may require you to be or become a registered member of the Site. When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms of Use and your use of the Site.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You shall be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.giftofcollege.comand immediately notify us of the problem by emailing us at customerservice@giftofcollege.com. You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all TRANSACTIONS AND OTHER activities that ARE CONDUCTED through your account. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

  1. Code of Conduct. In connection with Submissions (as defined below) and your use of the Site, you agree that you shall not (collectively, the “Codes of Conduct”):
    • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
    • Use the Site or Materials for any unlawful purpose;
    • Express or imply that any statements you make are endorsed by us, without our prior written consent;
    • Make a Submission or otherwise transmit material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; (e) includes personally identifiable information of another individual without the prior consent of such individual; or (f) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
    • Register for more than one username, register for a username on behalf of an individual other than yourself, or register for a username on behalf of any group or entity;
    • Impersonate any person or entity, including, without limitation, any representative of Gift of College; falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
    • Engage in spamming or flooding;
    • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature or that monitor the use of any hardware, software, equipment or other technology, or any data, information or materials in connection with any of the foregoing;
    • Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Site;
    • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
    • Remove any copyright, trademark or other proprietary rights notices contained in the Site;
    • “Frame” or “mirror” any part of the Site without our prior written authorization;
    • Link to any page of or content on the Site other than the URL located at www.giftofcollege.com;
    • 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;
    • Harvest or collect information about Site visitors or members without their express consent;
    • Create a database by downloading and storing content from the Site;
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
    • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
    • Access, reload or "refresh" transactional event pages, or make any other request to transactional servers, more than once during any three second interval; or
    • Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.

  1. Information Submitted Through the Site. Your submission of information through the Site is governed by the Privacy Policy (the “Privacy Policy”), which is hereby incorporated into these Terms of Use by reference. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you shall maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
  2. Making Contributions, Donations or Purchases. If you wish to make contributions or donations to a 529 student savings plan established, run and/or otherwise maintained by third parties, including, without limitation, individuals and/or independent securities brokers, that are unaffiliated with Gift of College, or purchase products or services described on the Site (each such contribution, donation or purchase, a “Transaction”), you will be asked by Gift of College or, if applicable, the third party provider of the product or service to supply certain information applicable to your Transaction, including, without limitation, credit card and other payment and/or shipping information. You understand that Gift of College shall treat any such information in the manner described in our Privacy Policy. By supplying such information, you grant Gift of College the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your account and credit or debit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all credit card processing fees and shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your Transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) USED IN CONNECTION WITH ANY TRANSACTION.

Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a Transaction may be required prior to acceptance of any order or request by us.

  1. Information Provided by Gift of College. Although Gift of College strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Gift of College endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various entities third parties, including, without limitation, third party service providers. The inclusion of such information portions of the Materials does not indicate any approval or endorsement thereof, and Gift of College expressly disclaims any liability with respect to such portions of the Materials.

  1. Submissions and Postings. You may have the ability to provide, send or transmit to us creative suggestions, ideas, notes, concepts, information, photographs or other materials (collectively, “Submissions”) to host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), or post or upload such Submissions to any area of the Site. Without limiting the generality of anything set forth in these Terms of Use, all of the Codes of Conduct described in Section 4 above apply to such Forums and any Submission.

You acknowledge that Gift of College is under no obligation to post, display or otherwise use any Submission. Gift of College does not endorse any Submission or any opinion, recommendation or advice expressed therein, and Gift of College expressly disclaims any and all liability in connection with all Submissions. The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of Gift of College. If Gift of College is notified that a Submission allegedly does not conform to these Terms of Use or may be a violation of any law, regulation or rights of any third party, including, but not limited to, rights under copyright law and prohibitions on libel, slander and invasion of privacy, Gift of College has the right, but not the obligation, to investigate the allegation and determine in good faith and in its sole discretion whether to remove such Submission.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that Gift of College is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gift of College with respect thereto, and agree to indemnify and hold Gift of College, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to Gift of College under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Site and these Terms of Use. Under no circumstances shall we or our affiliates, suppliers or agents be liable for any loss or damage resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through a Submission or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

  1. Forums. Our Forums are designed for users and members of the Site to comment on any Materials and share information regarding the Materials, products and services offered on the Site. Without limiting the generality of anything set forth in these Terms of Use, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other users of the Site to visit or become members of, subscribe to or register with any commercial online service or other organization.

You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Gift of College community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Gift of College. 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 shall we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

  1. License. Please note that, because (a) we and our designees host the Forums and (b) you may have the ability to provide Submissions to us that we would have the right to, at our sole discretion, redistribute, post or upload on the Site, we require certain rights in the Submissions. Accordingly, by sending or transmitting to us Submissions, or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in our sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions 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 Submissions.

You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Gift of College or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral”.

Subject to the rights and licenses you grant to Gift of College under these Terms of Use, you retain all rights to the ownership and use of your Submissions.

  1. Monitoring. You acknowledge and agree that we have the right, but not the obligation, to monitor each Submission, and the Forums, to alter or remove any Submission at any time, including, without limitation, any posting to a Forum, to disclose any Submission or any posting to a Forum and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Site properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.
  2. Links. The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by Gift of College. Gift of College has not reviewed all of the web sites that are linked to the Site, and Gift of College has no control over such sites. Unless otherwise explicitly stated, Gift of College is not responsible for the availability or content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Gift of College offers such links does not indicate any approval or endorsement of any material contained on any linked site. Gift of College is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. We make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Additionally, other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Gift of College and its affiliates, suppliers and agents do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Gift of College shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

  1. Claims of Copyright Infringement. 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 Gift of College infringe your copyright (for example, materials posted by Gift of College on one of our Forums), 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 Gift of College 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 by Gift of College against you, the DMCA permits you to send Gift of College 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 Gift of College Inc., PO Box 1614 Huntington Beach, California 92647-1614. The foregoing contact information is provided to you only for the purposes of sending such notices and counter-notices. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
  2. Ownership and Restrictions on Use. The Site is owned and operated by Gift of College in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of Gift of College and its licensors and suppliers. The Site, the Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, rent, lease, loan, sell, republish, upload, post, transmit, distribute, or create derivative works based on the Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by Gift of College or, if so indicated in writing by Gift of College, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Gift of College, our licensors and suppliers, and others. The Trademarks owned by Gift of College, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of Gift of College, in any manner that is likely to cause confusion with customers, or in any manner that disparages Gift of College. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Gift of College, our licensors or suppliers, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and Gift of College may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

  1. The Federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”). Pursuant to the E-Sign Act, electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By agreeing to these Terms of Use, you acknowledge and agree that providing your digital signature in connection with your use of the Site is the equivalent of providing your handwritten signature.
  2. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Gift of College does not endorse any of the products or services listed at such web sites.
  3. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws, rules and regulations, including, without limitation, local laws, if and to the extent such local laws are applicable.

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

  1. Termination and Enforcement. We reserve the right to immediately terminate these Terms of Use, 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 these Terms of Use 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 these Terms of Use or otherwise. You agree that Gift of College and its affiliates, suppliers and agents shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 8, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 24 and 25 shall survive any expiration or termination of these Terms of Use.

Gift of College reserves the right to takes steps that Gift of College believes are necessary, helpful or appropriate to enforce and/or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Site and/or a third party claim that your use of the Site is unlawful or violates such third party's rights).

  1. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIFT OF COLLEGE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. GIFT OF COLLEGE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS 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, THE SERVER(S) ON WHICH THE SITE 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 ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF GIFT OF COLLEGE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GIFT OF COLLEGE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GIFT OF COLLEGE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (E) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SITE. GIFT OF COLLEGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIFT OF COLLEGE SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DEALINGS OR OTHER ACTIVITY BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE OR CONTRIBUTION OR DONATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information 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, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at customerservice@giftofcollege.com 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, see the section on “Claims of Copyright Infringement,” above.

  1. Limitation of Liability. NEITHER GIFT OF COLLEGE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GIFT OF COLLEGE 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. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  2. Indemnification. You shall indemnify, defend and hold Gift of College, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including, without limitation, any violation of the Code of Conduct; (b) any allegation that any Submissions or other materials 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) any Transaction; (d) your violation of any rights of any user, visitor or customer of the Site and/or (e) your use of, inability to use, or activities in connection with the Site.
  3. Ability to Enter into these Terms of Use. By submitting a Submission or using the Site in any way, you certify that either (a) you are eighteen (18) years old or are an emancipated minor and have the right to enter into these Terms of Use, submit the Submission and grant the licenses provided hereunder, or (b) you have obtained your parent’s or legal guardian’s express consent to enter into these Terms of Use, submit the Submission and to grant the licenses provided hereunder.
  4. Questions. The Site is provided by Gift of College Inc. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at customerservice@giftofcollege.com.
  5. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
  6. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Orange County, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Certain sections or pages on the Site may contain separate terms and conditions, which are hereby incorporated into these Terms of Use. In the event of a conflict, the additional terms and conditions will govern for the applicable sections or pages of the Site. These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, including, without limitation, the Privacy Policy, is the entire agreement between you and Gift of College relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Gift of College with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with prior written consent by Gift of College. 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 these Terms of Use are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. The Site may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Gift of College shall not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree that regardless of any statute, rule, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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