Terms and Privacy Policy

PRIVACY POLICY

Last Updated: October 31, 2013

Please read these Terms of Use and our Privacy Policy carefully prior to your use of our Web sites. By visiting our Web sites or submitting information to us, you agree to be bound by these Terms of Use and our Privacy Policy, including any changes or revisions which collegeandcareermatch.com™, in its sole discretion and from time to time, may make to these Terms of Use and/or the Privacy Policy. If you do not agree with all of these Terms of Use and our Privacy Policy, you are not authorized to use our Web sites and your sole remedy is to stop using our Web sites.
collegeandcareermatch.com™ is committed to respecting your privacy and protecting the personal information provided by our customers and users of our Web sites. Because we collect personal information from our users and customers to improve their browsing and purchasing experience, we established this Privacy Policy as a means to communicate how we collect, use, store and disclose the personal information we receive.

TERMS OF USE

This Privacy Policy is governed by the Terms of Use for our Web sites. Please read our Terms of Use prior to each time you use, or purchase products from, our Web sites. By using or purchasing products from our Web sites, you agree to be bound by our Terms of Use and this Privacy Policy.

PERSONAL INFORMATION

For purposes of our Privacy Policy, personal information means information about you, such as your name, address, e-mail address, phone number and other personally identifiable information that is not otherwise publicly available. Personal information also includes information relating to your use of the Web sites. Personal information does not include information that we aggregate or is anonymized so that it does not identify a specific customer or user.

WHEN WE COLLECT PERSONAL INFORMATION

We collect personal information when you:

  • Visit or use our Web sites.
  • Complete a lead form on our Web sites.
  • Communicate with us regarding our Web sites or your completion of a lead form from our Web sites.

HOW WE STORE AND PROTECT PERSONAL INFORMATION

We store, process and protect personal information we collect by maintaining physical, electronic and procedural safeguards in compliance with applicable U.S. federal and state regulations. In certain areas of our Websites, we use industry-standard SSL-encryption to protect data transmission and we use industry standard practices to protect the personal information we collect from you; however, we cannot ensure that your personal information will only be disclosed as described in this Privacy Policy. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly, caused by an unauthorized third party’s ability to view, use or disclose such information. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the personal information we collect. Therefore, we cannot guarantee and you should not expect the personal information you provide us will always remain private. From time to time, we may delete and destroy personal information we have collected from you.

HOW WE USE PERSONAL INFORMATION

We use your personal information to:

1. Provide you with access to our Web sites.

2. Respond to your requests.

3. Contact you to verify the information you provide to us.

4. Understand and anticipate your needs and preferences.

5. Ensure our Web sites are of interest to you and help us better understand your use of our Web sites.

6. Protect the security and integrity of our Web sites.

7. Confirm your compliance with the Terms of Use and this Privacy Policy.

8. Conduct internal reviews of our Web site and the products we offer.

9. Develop, enhance and market our Web sites and the products we offer.

10. Provide you with personalized information and offers relating to our Web sites and the products we offer.

11. Manage our business and operations.

12. Meet legal and regulatory requirements.

13. Provide necessary notices to you.

WHEN WE DISCLOSE PERSONAL INFORMATION

We disclose personal information to:

  • Affiliates and third party service providers compiling information on our behalf to help us improve our Web sites and the products we offer.
  • Affiliates and third parties, at our sole discretion, to facilitate providing you with offers from affiliates and third parties, as well as for other uses.
  • Enforce the Terms of Use, this Privacy Policy, comply with the law or the order of a court, or enforce or protect our rights.
  • We reserve the right to sell, transfer and/or license the personal information you provide us to one or more affiliates or third parties in the event we sell all or substantially all of the assets or equity of collegeandcareermatch.com™.

CAN-SPAM ACT COMPLIANCE

We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”). All e-mails you receive from us are intended to fully comply with the CAN-SPAM Act.

COOKIES

We use “cookies” on our Web sites. Cookies are pieces of information that an Internet Web site transfers to your hard drive for record-keeping purposes. The use of cookies is an industry standard. We use cookies to recognize visitors when they return to our Web sites. Through our use of cookies, we can customize and improve your use of our Web sites, as well as save you time by tracking certain information so that you do not have to re-enter this information upon every visit.

LINKS TO THIRD PARTY WEB SITES

Our Web sites may contain links to thirty party Web sites. These links do not constitute an endorsement by collegeandcareermatch.com™ of those Web sites, nor the products or services promoted on or offered through those Web sites. We are not responsible for the terms of use, privacy policy, practices or the content of such third parties or their Web sites. We encourage our customers and users of our Webs sites to be aware of when they leave our Web sites and to read the terms of use and privacy policy of each Web site for which there is a link from our Web sites. If you have a question about the terms, of use privacy policy, practices or content of a third party Web site, please contact the applicable third party directly. You acknowledge and agree that collegeandcareermatch.com™ shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content or relating to any products or services offered by third parties.

AMENDMENTS TO THIS PRIVACY POLICY

At our sole discretion and at any time, we may amend this Privacy Policy. You should review this Privacy Policy for amendments each time you use, or purchase a product from, our Web sites. For your convenience, we post the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all customers and users of our Web sites. Your continued use of our Web sites following an amendment will evidence your acceptance of the amended Privacy Policy with respect to both new personal information you provide us, as well as personal information provided pursuant to a prior Privacy Policy.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Individuals who are residents of California and have provided their personal information to us may request information regarding our disclosures, if any, of their personal information to third parties for direct marketing purposes. Such requests must be submitted to our Privacy Officer via email at: webmaster@collegeandcareermatch.com™. Such requests must include the reference “Request for California Privacy Information” in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms of set forth above.

TERMS OF USE

Last Updated: October 31, 2013

COMPLIANCE WITH THIS AGREEMENT

You represent that you (i) are of legal age to agree to the terms and conditions set forth in these Terms of Use and our Privacy Policy; and (ii) agree to comply with all local rules regarding online conduct and transmission of information. To determine your compliance with these Terms of Use and our Privacy Policy, collegeandcareermatch.com™ reserves the right, but not the obligation, to monitor your use of our Web sites.

USE OF WEB SITES

You are only entitled to use our Web sites for lawful purposes and pursuant to the terms and conditions of these Terms of Use and our Privacy Policy. Your use of our Web sites may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Web sites or other actions that collegeandcareermatch.com™, in its sole discretion and from time to time, may elect to take. collegeandcareermatch.com™ reserves the right to suspend or discontinue the availability of our Web sites and/or any portion or feature of our Web sites at any time in our sole discretion and without prior notice.

CODE OF CONDUCT

You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party’s attempts, to:

  • Use our Web sites for any unlawful personal, commercial, research or information gathering purposes.
  • Circumvent, re-engineer, decrypt, break or otherwise alter or interfere with our Web sites.
  • Create derivative works of or reproduce, modify, distribute, sell or otherwise transfer any rights in and/or to any of the content on our Web sites.
  • Meta tag, provide links to, frame or mirror our Web sites.
  • Restrict, inhibit or prevent any access to, use or enjoyment of our Web sites.

Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scraper, avatars or intelligent agents, deep link or other similar automated device, program, algorithm or methodology (other than those made available by Lead Pro Direct, LLC and collegeandcareermatch.com™ or other generally available third party web browsers, e.g., Netscape Navigator or Microsoft Internet Explorer), to access, acquire, copy, monitor, navigate or search our Web sites.

Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Web sites or the contents of our Web sites.

INTELLECTUAL PROPERTY RIGHTS

The name "collegeandcareermatch.com™“ and other trade names, URLs and Web site domain names are owned and/or operated by Lead Pro Direct, LLC. Graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Lead Pro Direct, LLC. You may not use any of these proprietary marks without the prior express written permission of Lead Pro Direct, LLC. Lead Pro Direct, LLC makes no proprietary claim to any third party names, trademarks or service marks appearing on our Web sites. Any third party names, trademarks, and service marks are property of their respective owners. Without the prior written consent of Lead Pro Direct, LLC, you may only print, download or otherwise use our proprietary marks solely for your own non-commercial use consistent with these Terms of Use and applicable law. Except as otherwise permitted under the copyright laws of the U.S., no other copying, distribution, redistribution, transmission, publication or use is permitted. You shall not delete any proprietary notices appearing on any of our proprietary marks. You agree to comply with all applicable U.S. and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with our Web sites.

Links to Third Party Web Sites

Our Web sites may contain links to thirty party Web sites. These links do not constitute an endorsement by collegeandcareermatch.com™ of those Web sites, nor the products or services promoted on or offered through those Web sites. We are not responsible for the terms of use, privacy policy, practices or the content of such third parties or their Web sites. We encourage our customers and users of our Webs sites to be aware of when they leave our Web sites to read the terms of use and privacy policy of each Web site for which there is a link from our Web sites. If you have a question about the terms, of use privacy policy, practices or content of a third party Web site, please contact the applicable third party directly. You acknowledge and agree that collegeandcareermatch.com™ shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content or relating to any products or services offered by third parties.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, collegeandcareermatch.com™ HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF OUR WEB SITE’S, CONTENT ON OUR WEBSITE OR ANY PRODUCTS PURCHASED FROM collegeandcareermatch.com™ OR THROUGH OUR WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. collegeandcareermatch.com’ WEB SITE, CONTENT AND PRODUCTS AVAILABLE FROM LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™ OR THROUGH ANY OF OUR WEB SITES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™ DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF THE USE OF THE WEB SITE, THE CONTENT OR PURCHAE OF PRODUCTS FROM OUTSIDE THE U.S.
collegeandcareermatch.com™ DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT collegeandcareermatch.com™ WEB SITES ARE ACCURATE, FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™ WEB SITES ARE AT YOUR SOLE RISK.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATIONS OF LIABILITY

THE LIABILITY OF collegeandcareermatch.com™, IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER WITH RESPECT TO YOUR USE OR MISUSE OF OUR WEB SITES, ANY CONTENT ON OUR WEB SITES OR ANY PRODUCT PURCHASED FROM OUR WEB SITES, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, INFRINGEMENT OF ANY RIGHTS OF ANY PERSON, PRODUCT LIABILITY, INDEMNITY, SUBROGATION OR CONTRIBUTION, AND REGARDLESS OF THE LEGAL THEORY OR THE DELIVERY OR NON-DELIVERY OF THE PRODUCTS, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCE WILL collegeandcareermatch.com™ BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOOD WILL, COST OF SUBSTITUTE PRODUCTS, PARTS OR ACCESSORIES, COST OF CAPITAL, AND/OR THE CLAIMS OF ANY PERSON, OR FOR ANY OTHER REASON WHATSOEVER. collegeandcareermatch.com™ ASSUMES NO RISK AND SHALL BE SUBJECT TO NO LIABILITY FOR DAMAGES OR LOSS RESULTING FROM THE SPECIFIC USE OR APPLICATION MADE OFPRODUCTS PURCHASED THROUGH OUR WEB SITES.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

INDEMNIFICATION OF collegeandcareermatch.com™

You hereby agree to defend, indemnify and hold harmless Lead Pro Direct, LLC and collegeandcareermatch.com™ and its officers, directors, shareholders, employees, affiliates, independent contractors, agents and representatives from and against all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising out of, or attributable to (i) any breach or violation by you of these Terms of Use, our Privacy Policy and/or our Terms of Sale; (ii) your failure to provide accurate, complete and current information when purchasing a product from our Web sites; or (iii) your use and/or misuse of our Web sites;.

AMENDMENTS TO THIS AGREEMENT, OUR PRIVACY POLICY AND APPLICABLE RULES

At our sole discretion and at any time, we may amend these Terms of Use. You should review these Terms of Use for amendments each time you use, or purchase a product from, our Web sites. For your convenience, we post the last date these Terms of Use were updated. If our Terms of Use are amended, the amended Terms of Use will take effect immediately for all customers and users of our Web sites. Your continued use of our Web sites following an amendment will evidence your acceptance of the amended Terms of Use.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Use, our Privacy Policy, the use of our Web sites and purchase of any products from our Web sites are governed by and shall be construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any legal proceeding arising out of or relating to these Terms of Use, our Privacy Policy, the use of our Web sites and/or purchase of any products from our Web sites, you hereby consent to the exclusive (i) venue of State of Florida, and expressly waive any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for State of Florida. The prevailing party in any legal proceeding arising out of or relating to these Terms of Use, our Privacy Policy, the use of our Web sites and/or purchase of any products from our Web sites will be entitled to an award of their attorneys’ fees and costs incurred at trial and all levels of appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that collegeandcareermatch.com™ may be irreparably damaged if these Terms of Use, our Privacy Policy or our Terms of Sale are breached by you, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use, our Privacy Policy by you, collegeandcareermatch.com™ shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use, our Privacy Policy.

YOU AND collegeandcareermatch.com™ HEREBY, (A) IRREVOCABLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, THE USE OF OUR WEB SITESS AND/OR THE PURCHASE OF ANY PRODUCTS FROM OUR WEB SITESS; (B) CERTIFY THAT NEITHER LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™  NOR ANY REPRESENTATIVE OR AGENT OR COUNSEL FOR LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™  HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™  WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (C) ACKNOWLEDGE THAT LEAD PRO DIRECT, LLC AND collegeandcareermatch.com™ HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, IN PART, AS A RESULT OF THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

GENERAL INFORMATION

All covenants, agreements, disclaimers, limitations, representations and warranties made in these Terms of Use or our Privacy Policy, as may be amended by collegeandcareermatch.com™ from time to time, will survive your acceptance of these Terms of Use or our Privacy Policy and the termination of your use of our Web sitess. Except for the our Terms of Sale relating to the purchase of a product from our Web sitess, these Terms of Use or our Privacy Policy, both as amended from time to time, represent the entire understanding and agreement between you and collegeandcareermatch.com™ regarding the subject matter of these Terms of Use or our Privacy Policy, and supersede all other previous agreements, understandings and/or representations regarding the same. By using our Web sites or purchasing a product from collegeandcareermatch.com™ or through our Web sites, you consent to receive communications from collegeandcareermatch.com™ electronically. Although collegeandcareermatch.com™ may choose to communicate with you by other means, Lead Pro Direct, LLC and collegeandcareermatch.com™ may also choose to solely communicate with you electronically by e-mail or by posting notices on our Web sites. You agree that all agreements, notices, disclosures and other communications that Lead Pro Direct, LLC and collegeandcareermatch.com™ may send to you, electronically satisfies any legal requirement that such communications be in writing. No waiver of any portion of these Terms of Use or our Privacy Policy will be effective unless it is in writing and signed by an authorized representative of collegeandcareermatch.com™. The failure of collegeandcareermatch.com™ to require performance of any obligation of these Terms of Use or our Privacy Policy will not affect collegeandcareermatch.com™ rights to enforce any provision of these Terms of Use or our Privacy Policy at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms of Use, our Privacy Policy or our Terms of Sale, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your obligations under these Terms of Use, our Privacy Policy and/or our Terms of Sale are not assignable, transferable or sub-licensable by you.

WEB SITE AND CUSTOMER SUPPORT

If you have questions, comments or concerns about these Terms of Use, our Privacy Policy or any product we offer through our Web sites, please contact us at:
Contact: webmaster@collegeandcareermatch.com
Subject Line: Attention: Customer Support