Terms and Conditions for CollegeFairsUSA.com/Career Council, Inc./National Hispanic College Fairs, Inc. 

Terms and Conditions

Last updated: February 19, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• App means the software program provided by the Company downloaded by You on any electronic device, named CollegeFairsUSA.com.

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: New York, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Career Council, Inc./National Hispanic College Fairs, Inc. , 30 North De Baun Ave., Unit 308, Suffern, NY 10901.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Privacy Policy please review our Privacy Policy for more details related to the Terms and Conditions.

• Service refers to the Application.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

1. Acceptance of Terms of Use

By accessing or using the Service, you agree to comply with and be bound by these terms of use (“Terms of Use” or “Agreement”), whether or not you become a registered user of the Service. These Terms of Use, which incorporate by reference our Privacy Policy, govern your use of the Service. Failure to use the Service in accordance with these Terms of Use may subject you to civil and criminal penalties. Should you NOT accept these Terms of Use, you must neither access nor otherwise use the Service.

2. Changes to Terms of Use

Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right to alter the Agreement at its sole discretion and with reasonable notice, except where a legal or administrative reason requires immediate amendment of these terms. We will notify you of amended terms by posting them to our Service, by email, or any other means we deem appropriate. Use of the Service after posting of amended terms will be governed by those amended terms. These terms will govern any disputes arising before the effective date of the amended terms.

3. Residency and Age

By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. You hereby affirm that you are, at a minimum and without exception, 16 years old. The Service is not intended to be accessed or utilized by children less than 16 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so.

4. Overview of the Service

As mentioned, the Service provides an online mobile and web-based lead gathering, scanning, and student data capture service for prospective college applicants to be used by colleges and students at local, regional, and national college fairs (each, an “Event”). Each Student completes a student registration form and receives a barcode. Students will then be able to visit with each College and their Users at the Event, and if the Student is interested in or wants to learn more about a particular college, the User, using the Career Council, Inc/National Hispanic College Fairs, Inc. App, can scan the barcode. All of the information input into the Student Registration Form will then be available to the College via the Service.

5. Student Information and Registration

As a Student, when you first arrive at an Event, you will be instructed to complete a registration form (the “Student Registration Form”) for the Service via a website. The registration form contains various questions regarding your background information, academic performance, and interests (collectively, “Student Information”). Upon submission of the Student Registration Form, each Student will receive a unique barcode. This barcode will be used by the organizers and hosts of the Event, Colleges and their Users (as defined below) to collect the Student Information. You understand that once you provide your Student Information to a particular Event organizer/host or College, they are solely responsible for how they use or exploits that Student Information. Though Career Council, Inc/National Hispanic College Fairs, Inc. encourages Event organizers and Colleges to use responsible practices when gathering Student Information, Career Council, Inc/National Hispanic College Fairs, Inc. is not responsible nor may be held liable for any actions or omissions of such Event organizers or Colleges.

6. College Registration

a. Account Sign Up. Students may browse the Service and submit their Student Information at applicable Events without registering. Although Colleges may also browse the Service without registering, Colleges, through a designated administrator (“Administrator”) authorized to bind College to this Agreement, will need to first register their institution with the Service in order to use the Service at Events, purchase Event Tokens, capture Student Information, and create and manage your Service account (your “Account”). Administrator may register the College for the Service by following the instructions, including selecting a username and password (your “Login Credentials”), on the Account sign up page located on the Main Site.

b. Registration Data. To be a registered user of the Services, you hereby agree to: 1) provide true, accurate and complete information and Login Credentials (“Registration Data”) as prompted by any Service registration form; and 2) maintain and promptly update your Registration Data to keep it accurate and complete. Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right to suspend or terminate your access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete Registration Data. When you register, you authorize Career Council, Inc/National Hispanic College Fairs, Inc. and its licensees, affiliates, successors, and assigns to collect, use, store, and disclose Registration Data for purposes consistent with Career Council, Inc/National Hispanic College Fairs, Inc.’s Privacy Policy.

c. Authorized Users. Upon registering, Administrator may grant access to the Service to multiple College employees, representatives, consultants, contractors, or agents of the College (each, a “User”) by providing each User with the proper Login Credentials for the College’s Service Account. Each User may access the Service either through the Main Site or through the Career Council, Inc/National Hispanic College Fairs, Inc. App. Upon downloading the Career Council, Inc/National Hispanic College Fairs, Inc. App, Users must input their Login Credentials. Once signed into the Service, Users may take advantage of all of the service offerings and features available on the Service.

d. Protecting Login Credentials. Each College and its authorized Users are solely and fully responsible for maintaining the confidentiality of the Login Credentials, and you are solely and fully responsible for all activities occurring under your username and password. You understand and agree that, except with respect to Administrator’s right to invite designated Users to access the Service, the Login Credentials are non-transferable and non-assignable. To that end, you, as a User, agree to: 1) immediately notify Career Council, Inc/National Hispanic College Fairs, Inc. of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. Career Council, Inc/National Hispanic College Fairs, Inc. shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.

e. College Responsibilities. Notwithstanding the foregoing, each College is solely responsible for all activity occurring under its User accounts and shall abide by all applicable local, state, national, and foreign, laws, treaties and regulations in connection with College’s use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. Each College, via the Administrator or other appointed personnel, shall: (i) notify Career Council, Inc/National Hispanic College Fairs, Inc. immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another Career Council, Inc/National Hispanic College Fairs, Inc. user or provide false identity information to gain access to or use the Service.

7.  CollegeFairsUSA.com App

a. Download the App. In order to use the Service via our CollegeFairsUSA Google Play Store/Apple Store App, each User must download and install the App. Upon downloading the App, Users must input the Login Credentials provided to them by the College. Users who have downloaded the App and signed into the Service utilize many of the Service features available through the Site. In addition, Users may scan each Student’s barcode for purposes of gathering Student Information at Events.

8.  Standard Messaging and Data Rates Apply

In order to use the Service as a Student, College, or User, you must have a cell phone and/or tablet. Your use of the Service is subject to all standard messaging and data rates assessed by your mobile access provider. When registering, Students give permission for Career Council, Inc/National Hispanic College Fairs, Inc. and its agents and vendors to contact you via email, text message, or automatic or automated dialing technology at the telephone number or email address shown. Such contact includes informational and service emails and texts (such as an barcode delivery, reminders, and fair information).

9.  Photography and Recording

Students, Users, and Colleges consent to be photographed, digitally recorded, video taped, audio taped, and/or interviewed and consent to the use of their photograph, likeness, or voice, by Career Council, Inc/National Hispanic College Fairs, Inc., the organizers of the Events, and their agents. These photos and recordings may be shared with third parties or altered in any manner. You agree that these photographs and recordings are the sole property of Career Council, Inc/National Hispanic College Fairs, Inc., free and clear of any claims by you or anyone acting on your behalf.

10. Privacy Policy

In addition to the terms contained herein, you agree to the privacy practices and procedures outlined in our privacy policy located at www.collegefairsusa.com/privacy. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy shall control to the extent of such conflict.

11. Using the Service at Events

a. Fair Credits. In order to use the CollegeFairsUSA App and Service at Events, Colleges, must download and install the App to use this Service.

12.  Payments

a. Payment Processor. Career Council, Inc/National Hispanic College Fairs, Inc. uses the third party payment processor, PayPal (the “Payment Processor”), to process all payments for the Service made through the Main Site. Your use of that service is governed by PayPal’s terms of service, available here. Career Council, Inc/National Hispanic College Fairs, Inc. is not responsible for the performance of the Payment Processor’s processing of your payment, the security of their site, or their use of any payment information provided by you.

b. In-App Purchases. Purchases made through the App Store are processed by Apple, Inc. or Google/Apple, Inc. may collect a processing fee that is in addition to the fees for Credits. Your use of the in-app purchase feature is governed by Apple’s terms of service available here and/or Google’s terms of service, available here. Career Council, Inc/National Hispanic College Fairs, Inc. is not responsible for the performance of the Apple’s processing of your payment, the security of their site, or their use of any payment information provided by you.

c. Price Changes. We reserve the right to adjust pricing for Credits, our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.

d. Refunds. You acknowledge and agree that all payments, once made, are non-refundable. No refunds will be given for Credits that are purchased but not redeemed prior to their stated expiration date. Notwithstanding the foregoing, at any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“refunds”). The amount and form of such refunds, and the decision to provide them, are at our sole and absolute discretion. The provision of refunds in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

e. Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid for the services provided under this Agreement (other than taxes on Career Council, Inc/National Hispanic College Fairs, Inc.’s income).

13. Career Council, Inc/National Hispanic College Fairs, Inc. License

Subject to this Agreement, Career Council, Inc/National Hispanic College Fairs, Inc. policies, and to the extent permitted under all applicable laws and regulations, Career Council, Inc/National Hispanic College Fairs, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the Service for your own internal non-commercial purposes to share, manage and gather information regarding prospective college applicants.

14. Acceptable Use Policy

a. Your Responsibilities. By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:

i. Your compliance with this Agreement;

ii. Taking appropriate security measures to prevent the unauthorized disclosure of your Login Credentials used to access your account as well as the Access Code required to use the Service at Events;

iii. The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Service;

iv. Complying with applicable local, state, federal and international laws, regulations, and ordinances with respect to your use of the Service, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data;

v. All activity that occurs under your account;

vi. Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Service (including but not limited mobile devices with a data connection and multimedia text message or picture message functionality); and

vii. Payment of all internet provider and/or data usage fees.

b. Restrictions on Use. You further agree not to:

i. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

ii. share your Login Credentials or Access Code with unauthorized users;

iii. attempt to gain unauthorized access to the Service or its related systems or networks;

iv. use any content or information available through the Service for any unauthorized purpose;

v. interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

vi. collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;

vii. engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service;

viii. impersonate any person, company, or entity;

ix. restrict or inhibit any other user from using or enjoying the Service;

x.  intentionally or unintentionally violate any applicable law or regulation;

xi.  modify, sublicense, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or

xii.  assist any third party in doing any of the foregoing.

15. Content License

The Service may provide features which allows you to post or submit content to or through the Service, or requires you to provide Career Council, Inc/National Hispanic College Fairs, Inc. access to certain materials, including, without limitation, logos and trademarks, photographs, institutional information, documents, images, or any other information or audiovisual material (collectively, “Your Materials”). You grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Career Council, Inc/National Hispanic College Fairs, Inc. and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, and display Your Materials anywhere in the world, in whole or in part, in any media now known or hereafter developed, for purposes of providing the Service to you. You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce Your Materials for non-commercial, personal purposes as permitted through the functionality of the Service. These rights are limited and non-sublicenseable.In addition, Colleges agree that as part of your registration, you must provide Career Council, Inc/National Hispanic College Fairs, Inc. with a digital image of your institutions name, logo, or other identifying materials (collectively, “Your Materials”). You grant and warrant that you have the right to grant (or have obtained all necessary third party permisions to grant) to Career Council, Inc/National Hispanic College Fairs, Inc. and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid up, royalty free, sublicenseable right and license to use your name and logo or any images which include the foregoing (whether or not you have made it available through the Service) for the purpose of identifying you as a user of the Service, both on the Service and in marketing and promotional materials, at Events, and as part of any communications sent to Students pertaining Event recaps. You represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of Your Materials which you post on or submit or make available to the Service to: 1) post and submit such content on or to the Service; and 2) permit Career Council, Inc/National Hispanic College Fairs, Inc. and its licensees, affiliates, and successors to use such content in accordance with the foregoing reasons. You further represent and warrant that Career Council, Inc/National Hispanic College Fairs, Inc.’s exercise of any of its rights under the license granted hereunder will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights, and complies with all applicable laws and regulations.

16. Proprietary Rights

The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to Career Council, Inc/National Hispanic College Fairs, Inc. hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement or in writing by Career Council, Inc/National Hispanic College Fairs, Inc., you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Career Council, Inc/National Hispanic College Fairs, Inc.. You shall use the Service Content only for purposes that are permitted by this Terms of Use and any applicable laws and regulations. Career Council, Inc/National Hispanic College Fairs, Inc.’s name, log, and the product names associated with the Service are trademarks of Career Council, Inc/National Hispanic College Fairs, Inc. or third parties, and no right or license is granted to use them. Any rights not expressly granted herein are reserved.

17. Interactions with Other Service Users.

You are solely responsible for interactions with other Service users. Career Council, Inc/National Hispanic College Fairs, Inc. shall not be responsible for any damage or harm resulting from your interactions with other users of the Service. NEITHER CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE USE OR EXPLOITATION OF ANY STUDENT INFORMATION.

18. Links

The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) Career Council, Inc/National Hispanic College Fairs, Inc. shall not be responsible for the availability of such external sites or resources; and 2) Career Council, Inc/National Hispanic College Fairs, Inc. does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Career Council, Inc/National Hispanic College Fairs, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.

19. Disclaimer

THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE SITES, THE CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. APP, AND THE ENTIRETY OF ITS CONTENTS, IS PROVIDED “AS IS” AND CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. HEREBY DISCLAIMS (EXCEPT WHERE PROHIBITED BY LAW) ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT:

a. THE SERVICE WILL MEET YOUR REQUIREMENTS;

b. ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

c. ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICE WILL BE ACCURATE OR RELIABLE;

d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET EXPECTATIONS;

e. ANY USER-PROVIDED INFORMATION, INCLUDING STUDENT INFORMATION AND REGISTRATION DATA, WILL NOT BE DISCLOSED, IN THE ABSENCE OF USER-PROVIDED APPROVAL, TO THIRD PARTIES; OR

f. ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE, SERVER, PROVIDER, OR SOFTWARE. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITES OR SERVICE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICE AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICE. CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. OR THE SERVICE SHALL CREATE ANY WARRANTY.THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

20. Limits on Liability

CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC., ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. PARTIES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE WITH RESPECT TO THE SERVICE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE SERVICE’S AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY SERVICE OR YOUR MATERIALS; 4) THE USE OF ANY STUDENT INFORMATION BY A THIRD PARTY (INCLUDING A COLLEGE OR OTHER USER); 5) THESE TERMS; OR 6) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED THROUGH THE SERVICE, EVEN IF THE CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. PARTIES’ AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF EITHER ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, WHICHEVER IS GREATER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC.’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

21. Release

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICE, YOU HEREBY AGREE TO RELEASE THE CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. PARTIES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, OR THE EVENTS. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS IN SUBSTANCES: “ A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

22. Indemnification

You agree to indemnify and hold harmless the Career Council, Inc/National Hispanic College Fairs, Inc. Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Career Council, Inc/National Hispanic College Fairs, Inc. Party alleging that Your Materials posted or submitted to the Service infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense Career Council, Inc/National Hispanic College Fairs, Inc. incurs in enforcing this Section. Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right to control the defense and settlement of any action or proceeding against any Career Council, Inc/National Hispanic College Fairs, Inc. Party that you are bound to defend pursuant to the foregoing.

23. Termination

Career Council, Inc/National Hispanic College Fairs, Inc., in its sole and unfettered discretion, may terminate your access to the Service for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Service may be affected without prior notice, and you agree that: 1) Career Council, Inc/National Hispanic College Fairs, Inc. may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service. You agree that Career Council, Inc/National Hispanic College Fairs, Inc. shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access. Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right to block users from certain IP addresses from accessing the Service. All provisions of this Terms of Use that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).

24. Discontinuance of Service

Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that Career Council, Inc/National Hispanic College Fairs, Inc. shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.

25. Take-Down Requests, DMCA

Career Council, Inc/National Hispanic College Fairs, Inc. expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party’s privacy, publicity, intellectual property, or other rights. If any user believes in good faith that any content on the Service violates or otherwise infringes upon any user’s rights, you are encouraged to contact Career Council, Inc/National Hispanic College Fairs, Inc. immediately to request that the allegedly offending content (“Offending Content”) be removed from the Service. To make such a request (“Take-Down Request”), you should provide the Career Council, Inc/National Hispanic College Fairs, Inc. designated agent, listed below, with:

a. the identity of the Offending Content in sufficient detail such that it can be readily located.

b. User’s name, mailing address, email address, and telephone number; and

c. the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available). In accordance with the Digital Millennium Copyright Act (“DMCA”), Career Council, Inc/National Hispanic College Fairs, Inc. has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), at: Email: support@CollegeFairsUSA.com

Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send us a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).

Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).

Career Council, Inc/National Hispanic College Fairs, Inc. will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.

26. Export Control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

27. Miscellaneous

a. Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law.

b. Arbitration. For any claim (excluding claims for injunctive or other equitable relief), arising out of the Terms or the Service, where the total amount of the award sought is less than $5,000, the Party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. Such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Career Council, Inc/National Hispanic College Fairs, Inc. shall reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to arbitration, except those claims that may be asserted in small claims court. Arbitration shall be subject to the Federal Arbitration Act, conducted by the American Arbitration Association (AAA), and governed under AAA’s rules. ANY CLAIMS BROUGHT BY YOU OR CAREER COUNCIL, INC/NATIONAL HISPANIC COLLEGE FAIRS, INC. MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Career Council, Inc/National Hispanic College Fairs, Inc. will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Career Council, Inc/National Hispanic College Fairs, Inc. reserves the right, in its sole and exclusive discretion, to assume responsibility for all of the costs of the arbitration. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Judgment on an arbitration award may be entered by any court of competent jurisdiction. The arbitration award shall be confidential and final and binding upon the Parties without appeal or review, except as permitted by Illinois law or United States federal law. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Cook County, Illinois, and the Parties waive any right to a jury trial. The Parties agree that, notwithstanding the above, either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Subject to the arbitration provisions set forth herein, the successful Party in any dispute will be entitled to receive from the unsuccessful Party all reasonable attorneys’ fees, costs, and disbursements.

c. Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.

d. Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.

e. Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.

f. Contact. Any questions regarding these Terms of Use may be directed to Career Council, Inc/National Hispanic College Fairs, Inc.’s administrators at info@CollegeFairsUSA.com.

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