Terms of Use Agreement


Last Updated: March 7, 2013

 IMPORTANT:
THIS AGREEMENT IS A CONTRACT.
IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PRINT IT, BEFORE CLICKING THE “AGREE” CHECKBOX.
CHECKING THE CHECKBOX MEANS YOU ACCEPT THIS AGREEMENT AND UNDERSTAND THAT IT WILL BIND YOU LEGALLY.
Email us at if anything is unclear.

Table of Contents

GENERAL USE PROVISIONS

The Parties
Acceptance of terms through use
Changes to this Agreement
Definitions
Anonymity
Our Use of User Material
User Representations
Indemnification
Communicating with You
License and Site Access
Copyright and Trademark
Mobile Services
User Conduct and General Practices
Co-Branding, Framing, Metatags and Linking
Digital Millennium Copyright Act (DMCA) Policy and Notification
Disclaimer of Warranties
Limitation of Liability
Special Admonitions for International Use
Third Party Websites and Content
Submissions
Miscellaneous
Acceptance of Electronic Contract

IN CONSIDERATION and exchange of the mutual covenants of the Parties and the mutual benefits to be received under this Agreement, the Parties agree as follows:


GENERAL USE PROVISIONS

The Parties
This Terms of Use Agreement (the “Agreement”) is made by and between College Confessions LLC, a Wisconsin limited liability company (“we,” “us,” “Company,” or “Company”) and YOU. This Agreement contains the terms and conditions that govern your use of the web site found at http://madisonconfessions.com, its mobile version(s) and/or applications and any of its sub-domains (collectively, the “Site”), as well as any authorized activity made available by us to Users (collectively, the “Services”). Unless otherwise indicated, the term “Site” shall include the Services and the term “Services” shall include the Mobile Services. You and Company may be referred to collectively as the “Parties” and individually as a “Party.”


Acceptance of terms through use
You acknowledge that you have read, understand and agree to be bound by this Agreement whether you are simply browsing the Site, or interacting with it in any way. You may terminate this Agreement at any time by emailing notice of termination to Company and ceasing all use of the Site. All provisions of this Agreement which by their nature should survive, shall survive termination, including but not limited to warranties and indemnities.
By accessing the Site you accept all policies, notices, statements, “frequently asked questions (FAQs)” or the like posted on the Site, as they may be amended from time to time (collectively, the “Policies”). You should review the Policies frequently and carefully. In the event of any conflict between this Agreement and the Policies, this Agreement shall control.


Changes to this Agreement
From time to time we may change or modify this Agreement (including the Policies). Because we do not require Users to supply contact information, we might not be able to contact you with notice in advance of substantial changes. If you would like to receive advance notice, please email us at [email protected] (subject line: TOU Change Notices) with your request and a valid email address. We will post advance notice of substantial changes on the announcements section of the Site. If you do not terminate this Agreement within seven (7) days after such notice has been provided, you will be deemed to have accepted the changes.


Definitions
As used in this Agreement:

“Site Materials” means, without limitation: software (source code and object code), applications, graphics, information, photographs, text, comments, videos and other audiovisual work, sound recordings, musical compositions, lyrics, trademarks, logos and all other works and related intellectual property of any type or kind appearing on or incorporated into the Site by or at the direction of Company.

“User Materials” means, without limitation: confessions, comments, information, photographs, text, videos and other audiovisual work, sound recordings, musical compositions, lyrics, trademarks, logos and all other works and related intellectual property of any type or kind appearing on or posted to the Site by or at the direction of a User.

“Materials” means (when used alone and unless otherwise required by the context) both Site Materials and User Materials.

“Person” means any individual, corporation, company, partnership, association or other group, whether or not organized as a legal entity, and their legal successors and representatives.

“Advertiser” means any Person who purchases advertising on the Site.

“User” means any Person who visits, browses, posts, comments or otherwise interacts with the Site in any manner, including an Advertiser.


Anonymity
These provisions are in addition to, and to be read with, any Privacy Policy Company may adopt for the Site.

• It is our intention to respect the anonymity of those who post User Materials to the Site. You understand, however, that anonymity cannot be – and is not – 100% guaranteed.
• You understand that people who try and bypass security systems, or “hackers,” are often very skilled, and that whenever you voluntarily disclose personal information, that information can be collected and used by others. Accordingly, we cannot guarantee that your identity or your User Materials will be 100% safe. In choosing to use the Site, You accept this risk.
• You agree not to post or otherwise make available information, knowingly, that could compromise anonymity for You or for any other User.
• We may remove any User Material from the Site, at any time, for any reason or no reason.
• You are solely responsible at your own cost and expense for creating backup copies of any User Materials you post to the Site or otherwise provide to Company.
• We reserve the right to disclose any information in our possession if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal process or government request served on us; (b) protect and defend our rights or property; or (c) act under exigent circumstances to protect the personal safety of a User, or the public.
• Without limiting any other provision of this Agreement:
YOUR USE OF THE SITE IS AT YOUR OWN RISK. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER MATERIALS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND ALL PROVISIONS OF THIS AGREEMENT CONCERNING WARRANTIES, REPRESENTATIONS, LIMITATIONS OF LIABILITY AND INDEMNITY.

Our Use of User Material
In consideration of your being permitted to use the Site, and the other mutual obligations set forth in this Agreement, You hereby grant Company an irrevocable exclusive license, worldwide, to reproduce, adapt, distribute, publicly perform and publicly display, for any purpose, any User Material you post to the Site,
including the exclusive right to bring and maintain actions in any court or forum for the infringement or other misappropriation of such User Material. Company shall owe you no royalties, sums of money or anything in addition to the above-stated consideration, at any time.

User Representations
You expressly warrant and represent:
• That all factual assertions you have made and will make to us are true and complete; that you are receiving a benefit from being permitted to use the Site; that you have reached the age of majority and are otherwise competent to enter into this Agreement; and that in any event you are at least 18 years of age.
• That you have obtained and hold all rights, approvals, permits, consents, licenses and/or permissions, in proper legal form, necessary to post User Materials and to grant Company the licenses set forth in the section of this Agreement entitled “Our Use of User Material” and, if you are an Advertiser, to sell and deliver any goods or services you offer in any advertisement on the Site.
• That no other rights, approvals, permits, consents, licenses and/or permissions are required from any other Person to post your User Materials on the terms provided herein or to grant Company the licenses set forth in the section of this Agreement entitled “Our Use of User Material” or, if you are an Advertiser, to sell and deliver any goods or services you offer in any advertisement on the Site.
• That your User Materials are original; that your User Materials were either created solely by you or, by written assignment, you have acquired all worldwide intellectual property rights in and to your User Materials; and that your User Materials do not otherwise violate or infringe on any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any Person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.

Indemnification
You agree to defend, indemnify and hold Company harmless against any losses, expenses, costs or damages (including any reasonable attorneys’ fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement; (b) your breach of any warranties or representations made by you in this Agreement; or (c) your use of the Site.
You agree to sign and deliver to Company any additional documents that Company may request to confirm Company’s rights and your warranties and representations under this Agreement. You acknowledge that Company is relying upon the representations and warranties you have made herein.

Communicating with You
You agree that Company may provide any notices, statements and other communications to you, in our sole discretion, by email, US mail, delivery service, facsimile or other electronic communication sent to addresses that you have supplied to us or that are otherwise publicly known.

License and Site Access
Conditioned upon your compliance with all other terms and conditions of this Agreement, Company permits you to make authorized use of the Site on a single computer, subject to the following conditions:
• Except as expressly permitted by law, You do not, and do not allow any third party to, copy, modify, create a derivative work from, distribute, perform, display, sell, transfer or otherwise exploit any Materials or any other portion of the Site for any purpose, commercial or noncommercial. For the avoidance of doubt: this includes but is not limited to the unauthorized reproduction or display of Materials for purposes of generating advertising revenue.
• You do not download (other than page caching), reproduce, reverse engineer, decompile, disassemble or modify the Site or any portion of it; and you do not make any use of data mining, robots, scraping or similar data gathering and extraction tools.

Violation shall be a material breach of this Agreement and Company shall be entitled to seek immediate injunctive and other relief without the necessity of showing monetary damages.

Copyright and Trademark
Except for content licensed from third parties, the entire Site and all intellectual property rights associated with it (including by way of example and not limitation: the Site’s compilation and all object code and source code, Materials, html and other markup languages, and all scripts within the Site or associated with it are the sole and exclusive property of Company. All rights reserved. Content licensed from third parties and all intellectual property rights related to such content belong to the respective third parties. This Agreement is the copyrighted material of its author and is not for reproduction or re-use by others.
Except as expressly set forth in this Agreement, You are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Site or any Materials, and Company reserves all rights not expressly granted in this Agreement. Any unauthorized use of our intellectual property shall be considered a material breach of this Agreement as well as a violation of any applicable intellectual property laws, worldwide.
The trademark “MADISON CONFESSIONS,” along with all logos, slogans, labels, product names, service names and trade dress related to the Site, Services or Company (collectively, the “Company Marks”) are exclusively owned by Company. You agree not to copy, display or otherwise use any Company Marks without Company’s prior written permission. The Company Marks may never be used in any manner likely to cause confusion, disparage or dilute the Company Marks and/or in connection with any product or service that is not authorized or sponsored by Company.
You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site or any Company product.

Mobile Services
The Site may be available via mobile devices and applications (the “Mobile Services”). Your mobile
carrier’s normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services work with all mobile carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company and the Site by multimedia messaging service, short message service, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

User Conduct and General Practices
Without limiting any other provision of this Agreement, you agree not to use the Site in any unlawful manner or, without limitation, to:

• harvest or collect information from others by electronic or other means;
• damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which may expose Company or its Users to harm or liability of any type;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any Person;
• upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information, passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate, “stalk” or harass any Person.

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.


Co-Branding, Framing, Metatags and Linking
You may not co-brand the Site. "Co-branding" means to display a name, logo, trademark, any Materials or other means of attribution or identification of Company in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute the Site or content accessible within it. You agree to cooperate with Company in causing any unauthorized co-branding immediately to cease.
You may not frame or use framing techniques to enclose any Material, Company Marks or other proprietary information without Company’s express written consent. You may not include Company Marks in any metatags or any other "hidden text" without Company’s express written consent.
You are granted a limited, revocable, nonexclusive license to create a hyperlink to the Site, provided that you comply with all of the following:
• The link must be a text-only link clearly marked “madisonconfessions” or "madisonconfessions.com"
• The link must "point" to the URL <http:// madisonconfessions.com> and not to any other page within or without the Site
• The link, when activated by any Person, must display the Site full-screen and not within a "frame" on the linking or any other site;
• The link shall not portray Company or its products or services in any false, misleading, disparaging or otherwise offensive manner
• The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking or any other site.

We reserve the right to revoke this license to link at any time in our sole discretion, without notice.
Violation of any of the provisions in this section shall be a material breach of this Agreement and Company shall be entitled to seek immediate injunctive and other relief without the necessity of showing monetary damages.


Digital MillenniumCopyright Act (DMCA) Policy and Notification
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for copyright infringement by service providers if the service provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s website. Company has designated an agent to receive notification of alleged copyright infringement (our agent is identified below). This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512, to Company.


How to report a claim of infringement
If you believe that any of your exclusive rights under United States copyright law have been violated in a manner that constitutes infringement, and that the allegedly infringing material is accessible on this Site or through Company as an online service provider, you must notify our designated agent.
The law requires that to be valid, your claim of copyright infringement must be written and addressed to our agent (identified below) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

 

• 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
• 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.

When filing an infringement notice, please include any URLs identifying the allegedly infringing material along with any other information that might assist our agent’s investigation of your claim.
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially provided) Company will undertake to have the disputed material removed from public view. If we have the User’s contact information, we will also notify the User who posted the allegedly infringing material that we have removed or disabled access to that material. Company has no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false.

Please note: If you materially misrepresent that material infringes your copyright interests, you may be liable for damages (including court costs and attorney fees) and could be subject to criminal prosecution.


How to make a counter notification
If you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (identified below) and must provide the following information (again, the list below comes straight from the statute; if you do not understand the language please seek independent advice):
• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Our designated agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, Company is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
It is Company’s policy to terminate users who are found to be repeat infringers.
Company’s designated agent is David Hookstead.


By mail: College Confessions LLC
Attn: David Hookstead (DMCA) 304 N. Broom Street
Madison, WI 53703
By e-mail: [email protected] (Subject line: DMCA)


Disclaimer ofWarranties
Without limitation to other warnings and disclaimers in this Agreement or on the Site:
You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Company shall not be responsible to you or others for any such interruptions, errors or problems.
A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, COMPANY AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, “COMPANY”) 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. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED ON THE SITE OR THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU SHARE AND OBTAIN INFORMATION, DATA AND MATERIALS THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.


Limitation of Liability
NEITHER COMPANY NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “COMPANY”) ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, EMOTIONAL DISTRESS, INVASION OF PRIVACY, DAMAGES FOR HARM TO REPUTATION, LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY LINKED SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS THE SITE, OR US$10.00, WHICHEVER IS LESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF INFORMATION, SERVICES OR GOODS, ITEMS OR MERCHANDISE RECEIVED THROUGH OR ADVERTISED ON THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.


Special Admonitions for International Use
We make no representation that products or services available on or through the Site or any Service are appropriate or available for use in locations other than the United States of America. 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 local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.


Third Party Websites and Content
You understand that the Site may contain links to third party web sites that are not owned or controlled by Company (“Third Party Sites”) and that Third Party Sites may contain advertisements, products, pictures, graphics, photographs, trademarks, logos, text, comments, messages, information, audiovisual work,
sound recordings, musical compositions, lyrics, and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Company.
Without in any way limiting any other provisions of this Agreement, Company makes no representations whatsoever about any Third Party Site or Third Party Content that you may access through the Site. When you access any other website, you understand that it is entirely independent from the Site, and that Company has no control over the content of such website nor of its policies. Company will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take precautions to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. IF YOU ACCESS ANY THIRD PARTY SITE OR USE OR INSTALL ANY THIRD PARTY CONTENT, YOU DO SO AT YOUR OWN RISK.
In addition, a link to another website does not mean that Company endorses or accepts any responsibility for the content, use or policies of the linked website, or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Company shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites. By using the Site, you expressly release Company from any and all liability arising from your use of any Third Party Site or Third Party Content, in perpetuity

.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. You hereby assign to Company all exclusive rights, including all intellectual property rights, to Submissions and Company shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.


Miscellaneous
Your rights under this Agreement are not assignable and any attempt by others to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Company’s option.
This Agreement is binding on the Parties and their respective heirs, legatees, executors, successors and assigns. Except for any agreements incorporated by reference herein, this Agreement is the entire agreement between the Parties and supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
This Agreement shall be deemed to have been made in the United States of America, State of Wisconsin, and it shall be governed by the substantive laws of the State of Wisconsin without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in Dane County, Wisconsin, USA, and you hereby waive any jurisdictional, venue or inconvenient
forum objections. Provided, however, that if we are sued or joined in an action in any other court or forum in respect of any matter which may give rise to a claim by us hereunder, you consent to the jurisdiction of such court or forum over any such claim.
Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law. Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, joint authorship or employment relationship between the Parties. WE ARE PROVIDING A SERVICE, AND YOU ARE CHOOSING TO AVAIL YOURSELF OF THE SERVICE PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
No breach of this Agreement by Company shall be deemed material unless the Party alleging such breach shall have given Company written notice of such breach, and Company shall fail to cure such breach within thirty (30) days after its receipt of such notice.
All notices required to be sent to Company under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to College Confessions LLC, 304 N. Broom Street, Madison, WI 53703, Attention: Legal (or such other address or addresses as may be designated by Company herein).
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice for California Users. Under California Civil Code Section 1789.3, California 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. The provider of service is College Confessions LLC, 304 N. Broom Street, Madison, WI 53703.
This Agreement has no intended third party beneficiaries.


Acceptance of Electronic Contract
You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.