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Last Revised on August 15, 2014

1. General

This web site (“Web Site”) is owned and operated by the Center for Student Opportunity (“CSO”). By using this Web Site and the services offered herein, you are accepting and agreeing to be bound by these Terms of Use and Privacy Policy (collectively, “Terms of Use”). Nothing in these Terms of Use should be construed to confer any rights except for your use of the Web Site in compliance with the Terms of Use. You should review the Terms of Use carefully. If you disagree any of the terms or conditions, you may not use the Web Site or any services offered herein. CSO reserves the right to modify the Terms of Use from time to time without notice. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. CSO also reserves the right to modify or terminate the Web Site or disable your access to the Web Site for any reason, and without notice, without liability to you or any third party.

CSO shall not be responsible, and shall have no liability whatsoever, for any incorrect or inaccurate information or content posted on the Web Site. Specifically, with respect to the Web Site, CSO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or unauthorized access to, or alteration of, any communications, including those relating to any information provided by you. Under no circumstances will CSO be responsible for any loss or damage resulting from any use of the Web Site, any content, including videos, posted on the Web Site or transmitted to, or any interactions between, any users of the Web Site, whether online or offline. CSO shall not be responsible, or have any duty or obligation to, or liability for decisions or interactions resulting (directly or indirectly) from submitting any videos or information. In addition, in no event will CSO be liable to you or any other person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Web Site or participation in any activities in connection therewith.

This Web Site may include links to third party web sites (“Third Party Links”). The Third Party Links do not mean that CSO endorses or controls these third party sites or services, or accuracy or completeness of the information contained therein. You acknowledge and agree that CSO is not responsible or liable for any content or other materials on these third party sites. It is your responsibility to review and check any terms or use or privacy policy governing your use of any third party sites.

CSO reserves the right to use a technology called “cookies.” Cookies enable CSO to enhance your user experience. You may refer to your browser instructions or help screen to learn more about how to manage cookies.

2. Intellectual Property

This Web Site, including, but not limited to, all content, text, photographs, video, audio and graphics (“Content”), are the exclusive property of CSO, its licensors, or other owners. The text materials owned by CSO and made available through the Web Site may be used, downloaded, reproduced or reprinted for your personal use, provided that the copyright notice appears in all copies. The copyright notices shall not be removed and all such materials shall be for non-commercial or personal use only and may not be modified or altered in any way. All rights in photographs, illustrations, artworks and other graphic materials are reserved to CSO and/or the copyright owners. Permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained from the copyright owner prior to any use.

In addition, this Web Site contains certain trademarks, service marks, logos, or other designations or origin (“Trademarks”) that are owned by CSO or their respective owners, including the “Center for Student Opportunity” and “I’m First” marks and names, including corresponding logos and graphics, which are all owned by CSO. All rights in such Trademarks are expressly reserved and no such Trademarks may be used without the express permission of CSO or the respective owners. Further, any use of text or graphic materials contained in this Web Site in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by CSO, is strictly prohibited. All use of such materials shall be in strict compliance with these Terms of Use.

3. Submission of Personal Information and Privacy Policy

This Web Site features services or activities that may require you to provide certain personal information (e.g., your name, age, Email address, and/or other contact information) for registration purposes before participation may be permitted. We may also collect payment information (e.g., credit card account information) if you choose to purchase any products or services through the Web Site. All such information shall be treated as “Personal Information.” Also, whenever you access the Web Site, we may collect certain information, which may include the browser and operating system you are using, the URL or advertisement that referred you to our Web Site, and the search terms you entered into a search engine that lead you to our Web Site (“User Information”). In addition, we automatically collect your IP address or other unique identifier (“User Identifier”) for any computer, mobile phone or other device you may use to access the Web Site. A User Identifier is a number that is automatically assigned to your device used to access the Web Site or any services offered therein, and our servers identify your device by its User Identifier. CSO may use the Personal Information, User Information, and User Identifier for our business purposes.

To interact with certain features on the Web Site, you may create a public profile that is available to other internet users (“Public Profile”), through which you may provide certain information about yourself, including videos and photographs, academic interests, comment, or other content. You are solely responsible for the accuracy of such Public Profile and all such use is at your own risk. CSO shall not be responsible for any claims or liabilities arising from your creation and/or use of the Public Profile. Certain colleges, universities, scholarship providers, and other business partners of CSO may be able to view and have access to your Public Profile. However, CSO will not share such information without your consent, which may be required in order for you to create a Public Profile. At any time, you may close your account for the Public Profile.

CSO may use your Personal information and Public Profile to for various purposed related to its business and services offered through the Web Site, including: (1) facilitating your participation in activities and to provide services through the Web Site (including providing you with information and answering any questions); (2) providing you with information regarding any special offers, including from our advertisers, or other third parties; (3) processing your request for registration and verifying information provided to us; (4) CSO’s internal business purposes; and (5) other purposes which will permit CSO to improve and develop our services and Web Site.

The Web Site may provide you the opportunity to participate in a web-based community (“WebCommunity”). If you choose to participate, you may submit or post photographs, videos, questions, comments, suggestions or other content, (collectively, “User Content“). Your User Content may also be posted in your Public Profile. You may edit or remove information on your profile. All User Content shall be public. Other users will have access to your User Content and may view it and/or share it with other third parties. If you include Personal Information in your Public Profile or Web Community, such information shall be deemed public and this Privacy Policy shall not apply. You may also have the ability to contact other users; however, doing so will constitute your consent for the disclosure of your Personal Information.

4. Sharing Your Information

CSO will not share your Personal Information with third parties for their commercial or marketing purposes without your consent. CSO may, however, use or share non-Personal Information (e.g., user statistics and demographic information) with third parties. By using this Web Site and providing your Personal Information, you further agree as follows:

  • CSO may allow colleges, universities, scholarship providers, educational institutions, and other business partners (“Educational Institutions”) to provide information to you. We do not share your contact information (email address, postal address or phone number) with these Educational Institutions without your consent, but we may send you information on their behalf. CSO may also offer information or opportunities offered or provided by third parties. With your consent, your Personal Information may be shared with such third parties. The third parties’ privacy policy may be applicable. In order to carry out certain features, CSO may share your Personal Information with other third parties. For example, if you purchase any products or services, our billing partner will receive billing and financial information (e.g., credit card numbers) necessary to process your charges.

  • CSO may also disclose your information, including Personal Information, in response to a subpoena, when required by law, or to protect our rights. Further CSO may disclose any information in connection with any criminal investigation or to defend CSO against any claims by third parties. These disclosures may be carried out without notice to you.

  • In the event that CSO goes through a business transition, such as a merger, acquisition by another company, your Personal Information, may be assigned or transferred. However, the present Terms of Use shall continue to apply.

5. Privacy and Children Online

CSO’s Web Site and services are not intended for or marketed to persons younger than the age of 13. Therefore, CSO will not knowingly collect or maintain any personally identifiable information from children under 13. As a result of the foregoing, CSO does not provide a mechanism to obtain parental consent. If you are a parent or guardian who has discovered that your child has submitted his or her personal information, CSO will make reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please send an e-mail to help@imfirst.org and be sure to include in your message the same member name and password that your child submitted.

6. Indemnification and Disclaimer of Warranties

You agree to indemnify, defend and hold harmless, CSO, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or your use of this Web Site. THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. Without limiting the generality of the foregoing, CSO neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Web Site. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

7. Entire Agreement

These Terms of Use constitute the entire agreement between you and CSO with respect to the subject matter hereof and supersede all other understandings or agreements, written or oral, regarding such subject matter. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

These Terms of Use and the resolution of any dispute related to the access and use of this Web Site shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any principle of conflicts of law. You agree to personal jurisdiction by and venue in the federal courts located in the Maryland. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. WITHOUT INTENDING IN ANY WAY TO LIMIT YOUR AGREEMENT TO WAIVE YOUR RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, you agree that any and all disputes or controversies of any nature between you and CSO arising at any time shall be resolved by binding arbitration, decided by a reference to a private judge, mutually selected by you and CSO and you waive, to the maximum extent not prohibited by law, any right you may have to claim or recover in any legal action or proceeding referred to in this section any special, exemplary, punitive or consequential damages.

8. Contact Us

CSO welcomes comments and questions regarding the Terms of Use. Questions and comments should be directed to: help@imfirst.org.