Transferology™ Lab Subscriber Agreement and Terms of Use

1. Scope
a. By using the Transferology Lab ("Lab") owned by CollegeSource, Inc. ("CollegeSource") and found at www.transferologylab.com, the subscriber and its employees ("Subscriber" or "Subscribers") agree to be bound by the following Terms of Use ("Terms").
b. The Subscriber is subject to the Terms whenever using the Lab, even when no registration process has been completed.
c. CollegeSource may change the Terms at any time. Changes are published in this document, which is available through a link in the footer of the Lab. Upon the publication of any change, the new Terms apply immediately.
d. The Terms are the final and entire agreement between the Subscriber and CollegeSource regarding the Subscriber's use of the Lab and supersede any and all previous and contemporaneous oral or written agreements regarding the Subscriber's use of the Lab.
e. These Terms affect the Subscriber's use of the Lab, not the general Transferology site. Users of Transferology, a public site owned by CollegeSource and found at www.transferology.com, are bound by a separate Terms of Use document found at that site.
f. The Subscriber may not assign any rights or obligations under the Terms to anyone and no third party is a beneficiary of the Terms.
g Subscribers agree that the Terms, as well as any and all claims arising from the Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in San Diego County, California. The Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

2. Usernames and Passwords
a. Each user authorized by Subscriber will access the Lab using a unique email and password combination. Subscribers may not share their email and password combinations. The Lab does not support shared email and password combinations.
b. Subscribers are responsible for maintaining the confidentiality of their passwords. If a Subscriber believes there has been unauthorized access to the Subscriber's account, affected Subscribers should change their passwords immediately and notify CollegeSource of the suspected unauthorized access.
c. CollegeSource may refuse or revoke any username or password that impersonates someone else, is protected by trademark or other proprietary rights laws, or is vulgar, sexist, racist, or otherwise offensive.

3. Limitations
a. The text, graphics, images, video, design, data, information, organization, compilation, look and feel, advertising, and all other protectable intellectual property, including all improvements, suggestions, and derivations (collectively, the "Content") available through the Lab is the property of CollegeSource and is protected by copyright and intellectual property laws. Users may not do any of the following without CollegeSource's written consent:
(1) Sell, publish, broadcast, distribute, retransmit, or otherwise provide access to the Content.
(2) Rearrange or modify the Content.
(3) Copy, scrape, create abstracts from the Content or post the Content on the Internet, including but not limited to websites, weblogs a.k.a. "blogs," social media, bulletin boards, and forums.
(4) Supply third-party entities with access to the Lab for any purpose.
(5) Use the Lab for any unlawful or unauthorized purpose.
b. CollegeSource has expended considerable time, effort, money, and expertise to compile its data. Be advised that CollegeSource has implemented suitable precautions to detect unauthorized use of the data up to and including seeding the data to detect any unauthorized or unlawful use of the Content.
c. CollegeSource will terminate or restrict access to the Lab if, in its opinion, Subscribers use of the Lab or the Content violates or may violate any laws, regulations or rulings, infringe on another person's rights, or violates these Terms.

4. Availability and Accuracy of Content and Services
a. CollegeSource provides the Lab on an "as-available" basis. CollegeSource does not guarantee 100% uptime. CollegeSource may discontinue or change the Lab, or its availability to Subscribers, at any time.
b. The Lab and its Content are intended for use by Subscribers to manage the data they submit to CollegeSource for the purpose of inclusion in Transferology and for responding to student requests through Transferology for more information regarding transfer to the Subscriber's institution. CollegeSource makes no guarantees about any other use of the Lab.
c. The data that appear in the Lab and Transferology are converted from original transfer equivalency information supplied by the Subscribers. Although every attempt is made to ensure accurate and complete conversion of data, CollegeSource does not guarantee that the information is 100% accurate, complete, or correct.

5. Disclaimers and Limitations on Liability
a. CollegeSource may link to or promote web sites and services from other companies or offer Subscribers the ability to download software from other companies. Users acknowledge that CollegeSource is not responsible for and does not control those web sites, services, or software.
b. COLLEGESOURCE AND ITS DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO USERS OR ANY OTHER PERSON FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR AS A RESULT OF USERS ACCESS, ATTEMPTED ACCESS OR USE OF THE LABS, INCLUDING WITHOUT LIMITATION, ARISING OUT OF OR RESULTING FROM USERS INABILITY TO ACCESS THE LABS AS A RESULT OF NETWORK OR SERVER DOWNTIME, TRANSMISSION PROBLEMS OR OTHERWISE; ANY INCORRECT INFORMATION IN THE CONTENT; ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER SUCH LIABILITY IS CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF COLLEGESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN COLLEGESOURCE'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. The Transferology Lab is for human users only. Any real or perceived use of automated tools to access our site will result in a block of your IP address.

7. Upon creating an account in Transferology, the user agrees and acknowledges that even if he/she opts out of receiving marketing materials, CollegeSource may still send the user essential information relating to the services they have acquired from us.

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