LAST UPDATED 10/24/06

Welcome to www.CollegeLAX.us!  These Terms of Use govern your use of the website, content, and services offered through www.CollegeLAX.us.

YOUR AFFIRMATIVE ACT OF USING WWW.COLLEGLAX.US SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE COLLEGELAX PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE WWW.COLLEGLAX.US.

The term "CollegeLAX," "Site," "us," or "our" refers to the CollegeLAX.us web site.  The term "you" refers to the user or viewer of our Web Site.  The term "Agreement" refers to the Terms of Use Agreement.

1. CHANGES TO THE TERMS OF USE.

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our main web page.  You are responsible for checking these terms periodically for changes. If you continue to use CollegeLAX after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2.  LICENSE TO USE COLLEGELAX.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the CollegeLAX web site strictly in accordance with this Agreement; and (b) to use the Site solely for internal, personal, non-commercial purposes.  

You may use CollegeLAX and the Content offered on CollegeLAX only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and podcasts, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of CollegeLAX or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

3. ADDITIONAL TERMS.

Certain areas of CollegeLAX, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on CollegeLAX, you agree to comply with such guidelines and rules.

4.  COPYRIGHT.

You may not copy, republish, display, distribute, transmit, sell, rent, lease, loan all or any portion of the Site or any Content and Materials retrieved from it without the express written consent of the CollegeLAX webmaster.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.

You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

5. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You agree that we may provide to you required notices, agreements and other information concerning CollegeLAX electronically. We will post the notices on the home page of CollegeLAX. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of CollegeLAX.

5. PRIVACY POLICY.

The CollegeLAX Privacy Policy explains the practices that apply to your information when you use CollegeLAX. Your ongoing use of CollegeLAX signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of CollegeLAX.

6. CHANGES TO COLLEGELAX.

We may discontinue or change any service or feature on CollegeLAX at any time and without notice.

7. YOUR RESPONSIBILITIES.

You may use CollegeLAX for lawful purposes only. You may not submit or transmit through CollegeLAX any material, or otherwise engage in any conduct that:

   1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
   2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
   3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   4. impersonates any person, business or entity, including CollegeLAX and its employees and agents;
   5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
   6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
   7. violates these Terms of Use, guidelines or any policy posted on CollegeLAX, or
   8. interferes with the use of CollegeLAX by others.

You may not use CollegeLAX in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of CollegeLAX. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

8. CONTENT YOU POST TO PUBLIC AREAS.

Certain areas of CollegeLAX may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on CollegeLAX that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of CollegeLAX, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

9. NO DUTY TO MONITOR.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

10. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on CollegeLAX in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

11. THIRD PARTY SITES; ADVERTISERS.

CollegeLAX may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on CollegeLAX are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

12. DISCLAIMER OF WARRANTIES.

We provide CollegeLAX “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about CollegeLAX. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT COLLEGLAX AND ALL CONTENT AND SERVICES DISTRIBUTED THROUGH COLLEGLAX ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT COLLEGELAX WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COLLEGELAX, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE COLLEGELAX (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COLLEGELAX REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

13. LIMITATION OF LIABILITY.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON COLLEGELAX. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. INDEMNIFICATION.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of CollegeLAX. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. INTERNATIONAL USE.

We make no representation that Content on CollegeLAX is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access CollegeLAX from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

16. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that the laws of the state of Georgia govern this contract and any claim or dispute that you may have against us, without regard to Georgia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Georgia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF GEORGIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF GEORGIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. SEVERABILITY AND INTEGRATION.

This contract and any supplemental terms, policies, rules and guidelines posted on CollegeLAX constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall 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 shall remain in full force and effect.

18. TERMINATION.

Your right to use CollegeLAX automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with CollegeLAX. We also reserve the right, in our sole discretion, to terminate your access to all or part of CollegeLAX, for any reason, with or without notice.

The materials in this Site are provided "as is" and without warranties of any kind either express or implied.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by CollegeLAX.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

We may modify or terminate this Agreement from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify the Agreement from time to time without notice. Please review the Agreement from time to time so that you will be apprised of any changes.