My experience with the Smart Track™ Toolkit has been completely positive and informative. The workshops really made me comfortable with the college process and prepared me for what was to come. Financially I know the Toolkit's College Funding component was invaluable in alleviating the stress on my parents. Without the use of the Toolkit, I am sure the college process would have been exponentially more difficult, and I would not have been able to enjoy my senior year of high school as much as I did!

-Nubia W., Student

Smart Track™ College Funding Toolkit
Terms of Service Agreement

 

Welcome to Smart Track™ College Funding Toolkit, a service of College Resource Center, LLC (“CRC”, “we”, “us”). By using and/or purchasing any of the resources provided as part of Smart Track™ College Funding Toolkit you are agreeing to be bound by the following terms of service agreement (“Agreement”). Please review it thoroughly. If you do not agree to this Agreement, you should not indicate your acceptance of it, and should not use Smart Track™ College Funding Toolkit.

Use of Smart Track™ College Funding Toolkit
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, CRC grants to you a personal, limited, nonexclusive, nontransferable license to use Smart Track™ College Funding Toolkit. CRC reserves all rights of ownership in Smart Track™ College Funding Toolkit not expressly granted to you.

CRC or its licensors own all right, title and interest in and to Smart Track™ College Funding Toolkit and its content, including all copyrights, trademarks, and other intellectual property rights (“CRC Content”).

You agree not to use Smart Track™ College Funding Toolkit in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Smart Track™ College Funding Toolkit in any manner or form, (iii) copy, distribute, or create derivative works based on the CRC Content, (iv) exploit the CRC Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sub license, sell, resell, or otherwise convey Smart Track™ College Funding Toolkit or any elements thereof.

You will not use Smart Track™ College Funding Toolkit to submit, upload, email, or otherwise communicate any of the following:

Your violation of any terms of this Agreement may result in automatic termination of the licenses granted hereunder and your right to use Smart Track™ College Funding Toolkit. We reserve the right at any time to modify or discontinue, temporarily or permanently, Smart Track™ College Funding Toolkit (or any part thereof) with or without notice. CRC will not be liable to you or to any third party for such termination or modification.

Registration Information
You agree to provide accurate, current, and complete information during the registration process (“Registration Information”). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your Smart Track™ College Funding Toolkit account. You agree to notify us in writing us  if you suspect any unauthorized use of or access to your account.


Pricing And Payment

For Smart Track™ College Funding Toolkit services offered on a payment basis, you must make payment with either a valid credit or debit card acceptable to CRC, or sufficient funds in a checking or savings account to cover an electronic debit of the payment due (“Payment Information”).

 

If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of Smart Track™ College Funding Toolkit.

Refunds
Refunds are available only for services which are not completed. Once services are completed, refunds are not available. 

 

Your Information
We claim no ownership of or intellectual property rights in any information you submit to Smart Track™ College Funding Toolkit (“Your Information”). To the extent that you own the rights in and to any of Your Information, you retain those rights solely and exclusively. In other words, any content you submit to Smart Track™ College Funding Toolkit is and will remain yours.

 

You hereby grant to CRC a worldwide, nonexclusive, royalty-free license, with the right to sub-license, to use, copy, modify, reproduce, and distribute Your Information on, through, and in connection with Smart Track™ College Funding Toolkit. This license will terminate upon cancellation or termination of your Smart Track™ College Funding Toolkit account.

Trademarks
SMART TRACK™, Smart Track™ College Funding Toolkit, the apple logo, and other trademarks, service marks, graphics, and logos used in connection with Smart Track™ College Funding Toolkit are trademarks or registered trademarks of College Planning Strategies, LLC, in the United States and/or other countries, and used by permission. Other trademarks, service marks, graphics and logos used in connection with Smart Track™ College Funding Toolkit may be the trademarks of their respective owners.

Representations And Warranties
You represent and warrant that (i) all Registration Information provided by you is correct and current, (ii) you are authorized to submit Your Information in connection with Smart Track™ College Funding Toolkit, and (iii) Your Information and your use of Smart Track™ College Funding Toolkit complies with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.

Limitation Of Liability
CRC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR Smart Track™ College Funding Toolkit OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH Smart Track™ College Funding Toolkit IS PROVIDED. UNDER NO CIRCUMSTANCES WILL CRC BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF Smart Track™ College Funding Toolkit, OR FROM THE CONDUCT OF ANY USERS OF Smart Track™ College Funding Toolkit, WHETHER ONLINE OR OFFLINE.

CRC, ITS officers, DIRECTORS, managers, SHAREHOLDERS, employees, affiliates, agents, contractors, OR licensors, College Planning Strategies, LLC, and SPECTRUM COLLEGE PLANNING, INC., SHALL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY direct, indirect, incidental, punitive, special or consequential damages, OR CLAIMS OF THIRD PARTIES, (II) any loss or damage of any kind incurred as a result of the use of or reliance upon THE COMPLETENESS OR ACCURACY OF any Content OR OTHER INFORMATION MADE AVAILABLE VIA Smart Track™ College Funding Toolkit, ANY INABILITY TO USE FORMS OR DOCUMENTS (INCLUDING FINANCIAL AID FORMS), ANY DELAY IN PREPARING OR FILING SUCH FORMS OR DOCUMENTS, THE DENIAL OF FINANCIAL AID OR OF ADMISSION, OR ANY INCORRECT OR INCOMPLETE INFORMATION PROVIDED TO CRC.

THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY even if CRC HAS BEEN advised of OR SHOULD HAVE BEEN AWARE OF their possibility.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OUTPUT OF THE EFC CALCULATOR IS FOR ESTIMATION PURPOSES ONLY, AND IS NOT INTENDED OR GUARANTEED TO MATCH YOUR ACTUAL ESTIMATED FAMILY CONTRIBUTION.

CRC’S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF Smart Track™ College Funding Toolkit WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU TO CRC.

Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Smart Track™ College Funding Toolkit IS AT YOUR OWN RISK, AND THAT CRC PROVIDES Smart Track™ College Funding Toolkit “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRC WILL NOT DEFINITIVELY VERIFY THE ACCURACY, COMPLETENESS, OR SUFFICIENCY OF ANY INFORMATION YOU PROVIDE, INCLUDING YOUR INFORMATION.

In no case shall COLLEGE RESOURCE CENTER, LLC, its officers, DIRECTORS, managers, SHAREHOLDERS, employees, affiliates, agents, contractors or licensors, College Planning Strategies, LLC, OR SPECTRUM COLLEGE FUNDING, INC. be liable for any DAMAGES arising from OR IN CONNECTION WITH THE use of Smart Track™ College Funding Toolkit, OR THE INFORMATION OR CONTENTS AVAILABLE THEREON, or for any other claim related to your use of Smart Track™ College Funding Toolkit, including, but not limited to, errors or omissions.

CRC DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF Smart Track™ College Funding Toolkit WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES PROVIDED TO YOU AS PART OF THE Smart Track™ College Funding Toolkit WILL BE CORRECTED.

Indemnity
You agree to indemnify, defend, and hold harmless College Resource Center, LLC and its shareholders, subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Smart Track™ College Funding Toolkit, Your Information, your violation of this Agreement, or your violation of any rights of another.

 

Governing Law
The laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, govern this Agreement and your use of Smart Track™ College Funding Toolkit. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts for any claim or dispute with College Resource Center, LLC, or in any way relating to or arising from your use of Smart Track™ College Funding Toolkit.

 

General Conditions
The failure of College Resource Center, LLC, to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and College Resource Center, LLC, and governs your use of Smart Track™ College Funding Toolkit, superseding any prior agreements between you and College Resource Center, LLC, (including, but not limited to, any prior versions of this Agreement).

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.

We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your Registration Information. Otherwise, you may view the most recent Agreement on the Smart Track™ College Funding Toolkit website, or you may receive a copy of the most recent Agreement by emailing us, with the subject “Terms of Service.”

If you have any questions regarding this Agreement or Smart Track™ College Funding Toolkit, please contact us.

Effective Date: October 9, 2011