Website Terms of Use and Privacy Policy


Last Modified: June 7, 2017

Welcome to The College Spy ("Company", "we", "us" or “our”). The following terms and conditions (collectively, "Terms of Use and Privacy Policy"), govern your access to and use of the Website: thecollegespy.com (the "Website").

Please read the Terms of Use and Privacy Policy carefully before you start to use the Website. By using the Website, you accept and agree to be bound by the Terms of Use and Privacy Policy. If you do not agree to the Terms of Use and Privacy Policy, you must not access or use the Website. 

Changes to the Terms of Use and Privacy Policy
We may revise and update the Terms of Use and Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revisions to the Terms of Use and Privacy Policy means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Terms of Use and Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Terms of Use and Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use and Privacy Policy and comply with them. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may access and use the Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
·    Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
·    You may store files that are automatically cached by your Web browser for display enhancement purposes.
·    You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, display, publication or distribution.
·    If we provide desktop, mobile or other applications, whether our own or those of third-parties, for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
·    If we provide social media features you make take such actions as are enabled by such features.

You must not:
·    Modify copies of any materials from the Website.
·    Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
·    Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to:  michelle@thecollegespy.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use and Privacy Policy, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of the Terms of Use and Privacy Policy and may violate copyright, trademark and other laws.

Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You agree not to:
·    Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
·    Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
·    Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
·    Use any device, software or routine that interferes with the proper working of the Website.
·    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
·    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
·    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
·    Otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
•    Your physical or electronic signature.
•    Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
•    Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
•    Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
•    A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
•    A statement that the information in the written notice is accurate.
•    A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Michelle McAnaney
PO Box 313
Bethel, ME 04217
+1 (646) 801 5308
michelle@thecollegespy.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third-parties. All statements and/or opinions expressed in any third-party content are solely the responsibility of the person or entity providing those materials. Third-party materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:
·    Link from your own or certain third-party websites to certain content on this Website.
·    Send e-mails or other communications with certain content, or links to certain content, on this Website.
·    Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
·    Establish a link from any website that is not owned by you.
·    Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
·    Link to any part of the Website other than the homepage.
·    Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms of Use and Privacy Policy.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice with respect to any user or link or with respect to all links. We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website
If the Website contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic and Age Restrictions
We provide the Website for use only by persons located in the United States and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We provide the Website for use only by persons 13 years of age and older. Users under the age of 13 are not permitted to access or use the Website.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any data or file available from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms of Use and Privacy Policy or your use of or access to the Website or your use of any data or information obtained from the Website.

Disputes, Governing Law and Jurisdiction
All matters relating to the Website and the Terms of Use and Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York although we retain the right to bring any suit, action or proceeding against you for breach of the Terms of Use and Privacy Policy in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY DISPUTE OR CLAIM ARISING FROM THE WEBSITE OR THE TERMS OF USE AND PRIVACY POLICY.

Waiver and Severability
No waiver of by the Company of any term or condition set forth in the Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use and Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and Privacy Policy will continue in full force and effect. 

Entire Agreement
the Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

Privacy Policy
The following describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. 

This policy applies to information we collect:
·    On the Website.
·    In e-mail, text and other electronic messages between you and the Website.
·    Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
·    When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to the Website.

This policy does not apply to information collected by:
·    us offline or through any other means; or
·    any third-party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not access or use the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: michelle@thecollegespy.com.

We collect several types of information from and about users of the Website, including information:
·    by which you or your student may be personally identified, such as name, postal address, e-mail address, telephone number and other identifiers by which you may be contacted online or offline ("personal information");
·    that is about you but individually does not identify you, such as age and grade level; and/or
·    about your internet connection, the equipment you use to access the Website and usage details.

We collect this information:
·    Directly from you when you provide it to us.
·    Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
·    From third-parties, for example, the providers of third-party applications accessible via the Website.
The information we collect on or through the Website may include:
·    Information that you provide by filling in forms on the Website. This includes information provided at the time of or requesting further services or information.
·    Records and copies of your correspondence (including e-mail addresses), if you contact us.
·    Your responses to surveys that we might ask you to complete for research purposes.
·    Data provided in connection with use of third-party applications accessible via the Website.

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
·     Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
·    Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
·    Estimate our audience size and usage patterns.
·    Store information about your preferences, allowing us to customize the Website according to your individual interests.
·    Recognize you when you return to the Website.

We use information that we collect about you or that you provide to us, including any personal information:
·    To present the Website and its contents to you.
·    To provide you with information, products or services that you request from us.
·    To fulfill any other purpose for which you provide it.
·    To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
·    To notify you about changes to the Website or any products or services we offer or provide though it.
·    To allow you to participate in interactive features on the Website.
·    In any other manner we may describe when you provide the information.
·    For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you. 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may also disclose personal information that we collect or you provide as described in this privacy policy:
·    To our subsidiaries and affiliates.
·    To contractors, service providers and other third-parties we use to support our business.
·    To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the Website users is among the assets transferred.
·    To third-parties in connection with third-party applications accessible via the Website.
·    To fulfill the purpose for which you provide it. 
·    For any other purpose disclosed by us when you provide the information.
·    With your consent.

We may also disclose your personal information:
·    To comply with any court order, law or legal process, including to respond to any government or regulatory request.
·    To enforce or apply the Terms of Use and Privacy Policy and other agreements, including for billing and collection purposes.
·    If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to: michelle@tehcollegespy.com.

Your Comments and Concerns
This website is operated by The College Spy, PO Box 313, Bethel, ME 04217.

Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: michelle@thecollegespy.com.