Through College:::The Best Way in is Through

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Once you submit this signup form, you'll be able to access the ThroughCollege System.

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NOTICE
TO ALL USERS: THIS END USER LICENSE AGREEMENT (“EULA”) IS A CONTRACT
BETWEEN YOU AND THROUGHCOLLEGE, LLC (“[COMPANY]”) THAT DESCRIBES THE
TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS TO AND USE OF
[COMPANY]’S PROPRIETARY WEBSITE CONTAINING CONTENT (AUDIO, VISUAL, AND
TEXT) THAT MAKES UP A SYSTEM TO GUIDE USERS THROUGH THE COLLEGE
PREPARATION AND SELECTION PROCESS (“SYSTEM”). BY ACCESSING OR USING THE
SYSTEM YOU AGREE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU
DO NOT ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS EULA, PLEASE
PROCEED NO FURTHER AND DO NOT USE OR ACCESS THE SYSTEM. IF YOU ARE
ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS
“YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. 1. Grant of License.
ThroughCollege, LLC hereby grants you a non-exclusive,
non-transferable, revocable license to access and use the System only
through [Company]’s web portal located at www.throughcollege.com. The
resources contained in the System may be printed, copied or saved but
only during the term of your subscription. All rights not expressly
granted to you are reserved by [Company]. 2. Restrictions on Use. You
shall not copy, in whole or in part, the System except as permitted
herein, or knowingly assist or permit others in doing likewise.
Furthermore, you shall not: (i) directly or indirectly sublicense,
sell, transfer, assign, distribute, or permit access to the System to
any third party or otherwise permit any third party to use the System;
(ii) use the System to develop any other System or other technology
having the same primary function as the System; (iii) modify,
translate, adapt or otherwise make derivative works of the System; (iv)
separate the System into component parts for use on more than one
computer; (v) alter, remove or obscure any proprietary legend,
copyright or trademark notice contained in or on the System; (vi)
attempt to unlock or bypass any initialization or security systems
utilized by the System; (vii) share, use and/or transmit any portion of
the System via the Internet in contravention of this Agreement; (viii)
assign, sell, pass along or otherwise encumber the System; or (ix)
distribute the System, or any information contained therein, to any
third party. 3. Peripheral Software, Equipment and Accessories. If the
service does not include Internet access, you agree that you are solely
responsible for obtaining and providing your own Internet access and
all necessary software, equipment, or accessories necessary for
accessing the System. You are responsible for all fees charged by your
Internet access provider in addition to the fees provided to [Company]
for use of the System. 4. Hosting. [Company] shall be responsible for
hosting the System on servers belonging to or under the control of
[Company]. [Company] will be responsible for back-up and security
procedures as it deems reasonably necessary to support the System.
Additionally, [Company] reserves the right to subcontract hosting to a
third party without obtaining your express permission. 5. Access to the
Database. Throughout the term of this Agreement, [Company] will provide
you with access to the System via the Internet. You shall not: (i)
transmit or share any password or SSL key with any other person or
entity; (ii) permit the password or SSL key to be cached in proxy
servers and accessed by individuals other than you; or (iii) permit
access to the System through a single password or SSL key being made
available to multiple users. If you authorize a minor to use your
account, you are fully responsible for the online conduct, use, and
consequences of use including fees incurred. Additionally, through your
access to the System, [Company] may collect information such as, but
not limited to, service performance, your system(s), and your System
use. [Company] reserves the right to upload this data from your machine
and/or monitor your System
usage. [Company] may contract with one or more third parties to enable
collection of such information. You may review the entire privacy
policy at www.throughcollege.com. 6. Maintenance and Support Services.
[Company] shall not be required to provide any maintenance or support
services for the System. [Company] may, in its sole discretion, issue
updates and/or error fixes for the System, but [Company] is under no
obligation to provide you with any such updates and/or error fixes.
Additionally, [Company] reserves the right to change format and content
of the System during the term of the subscription without cause. 7.
Ownership of the Database. You acknowledge and agree that the System
and any related documentation are proprietary property of [Company],
whether or not copyrighted. You further agree that the original and any
copies of the System are and shall at all times be the sole and
exclusive property of [Company] and you agree that you will take no
action in contravention of this fact. 8. Representations and
Warranties. You represent and warrant to [Company] that: (i) you have
the right, authority, and ability to conduct your business as it is
currently being conducted; and (ii) your use of the System shall be
strictly in accordance with all applicable laws, rules, regulations and
ordinances. 9. Subscription Fee. In consideration of the license
granted herein, you agree to pay to [Company] the fee specified in the
Price Quote (the “Subscription Fee”). The Subscription Fee shall be
paid prior to your accessing or using the System. Payment of the
Subscription Fee is a condition precedent to Licensee’s right to access
and use the System and is non-refundable. 10. Term. This Agreement
shall commence on the date specified in the Price Quote (the “Effective
Date”) and shall continue in force and effect for a period of one (1)
year unless terminated in accordance with the terms and conditions
contained herein. You will be notified at least 30 days prior to
significant alteration(s) to this contract. If you do not agree to the
alteration(s), you must notify [Company] within 15 days or cancel
service prior to the alteration. Following the initial term, this
Agreement shall terminate automatically. The end user will be given the
option to renew the subscription for the one-year subscription fee
[Company] is charging at the time of renewal. A renewal of the
subscription must occur to continue receiving subscription services.
[Company] reserves the right to require additional and/or different
license terms upon renewal. 11. Termination. [Company] shall have the
right to immediately terminate this Agreement if you: (i) fail to
perform any material obligation under this Agreement and, where such
material obligation is a financial one, fail to cure such
nonperformance within ten (10) days following written notice of such
failure; (ii) become the subject of a voluntary petition in bankruptcy
or any voluntary proceeding relating to insolvency, receivership,
liquidation, or composition for the benefit of creditors; or (iii)
become the subject of an involuntary petition in bankruptcy or any
involuntary proceeding relating to insolvency, receivership,
liquidation, or composition for the benefit of creditors. Unless
notified by [Company] otherwise, the license terminates on the date
your service ends. Upon termination of service, you must destroy any
electronic or hard copies made during the term of your subscription and
uninstall any software related to and/or involving the System. 12.
Breach. In the event that you shall at any time be in breach of any of
your representations and warranties or any material obligation
contained herein and damages result therefrom, [Company] shall be
entitled to receive from you, upon demand, the entire amount of costs,
claims, demands, damages, losses or liabilities, including without
limitation reasonable attorneys’ fees and costs, suffered by [Company]
and arising from, or allegedly arising from, your breach of this
Agreement. 13. Limited Warranty. EXCEPT AS EXPRESSLY PROVIDED, THE SYSTEM IS
PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, [COMPANY] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THE SYSTEM AND ANY RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT.
[COMPANY] DOES NOT WARRANT THAT THE SYSTEM/WEBSITE IS SECURE, FREE FROM
BUGS, VIRUSES, INTERRUPTION, ERRORS, WILL OPERATE WITHOUT INTERRUPTION,
OR OTHER PROGRAM LIMITATIONS. ADDITIONALLY, [COMPANY] DOES NOT
GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE
SYSTEM. 14. Limitation of Liability. [Company]’s cumulative liability
to Licensee or any other party for any loss or damage resulting from
any claim, demand or action arising out of or relating to this
Agreement shall not exceed the Subscription Fee paid by you for use of
the System. In no event shall [Company] be liable for any lost profits,
losses due to business interruption or other damages, including direct,
indirect, incidental, consequential, special or exemplary damages,
arising out of this Agreement or the use of the System licensed
hereunder as allowed by law. THROUGHCOLLEGE HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE CONTENTS, INCLUDING
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEBSITE,
NEITHER THROUGHCOLLEGE NOR ANY OF ITS OFFICERS, MANAGERS, MEMBERS,
EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THE
CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF
THIS SITE. THROUGHCOLLEGE MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR
OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS
AND SOFTWARE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
THROUGHCOLLEGE MAY CANCEL OR SUSPEND YOUR SUBSCRIPTION AT ANY TIME
WITHOUT CAUSE AND/OR WITHOUT NOTICE. CANCELLATION OF SERVICE WILL NOT
ALTER ANY OBLIGATION TO PAY. If YOUR SUBSCRIPTION IS CANCELED WITHOUT
CAUSE, THROUGHCOLLEGE MAY REFUND YOUR SUBSCRIPTION FEE ON A PRO-RATA
BASIS. ANY CLAIM RELATED TO THIS LICENSE OR THE SYSTEM MUST BE BROUGHT
TO THE ATTENTION OF THE [COMPANY] WITHIN ONE YEAR. THE ONE-YEAR PERIOD
APPLIES TO THE DATE IN WHICH THE CLAIM FIRST COULD BE FILED. CLAIMS
FILED OUTSIDE OF THE ONE-YEAR PERIOD ARE BARRED.
THROUGHCOLLEGE DOES NOT GUARANTEE ADMISSION INTO ANY SCHOOL, COLLEGE,
UNIVERSITY OR SIMILAR PROGRAM. THE ADMISSIONS PROCESS IS OFTEN
ARBITRARY AND ACCORDINGLY IT IS EXPRESSLY AGREED THAT THROUGHCOLLEGE IS
IN NO WAY LIABLE FOR ANY DECISION MADE BY AN ADMISSIONS COMMITTEE. 15.
Force Majeure. Neither party shall be responsible for any cessation or
delay in the performance of its obligations hereunder due to causes
beyond its control including, but not limited to, fire, accident, labor
difficulty, strike, riot, civil commotion, acts of God, equipment or
system failure or changes in any federal, state or local laws, rules,
regulations or ordinances. 16. Independent Contractors. The
relationship of [Company] to you shall be solely that of an independent
contractor. The parties acknowledge and agree that neither [Company]
nor you are an agent, partner, or joint venturer of the other. Neither
[Company] nor you shall have or hold itself out as having the right or
authority to assume or create any obligation or responsibility, whether
expressed or implied, on behalf of or in the name of the other, except
with the express written consent of the other. 17. Notices. Any notice
provided for in this Agreement may be given by certified or registered
mail, return receipt requested, and shall be deemed to have been
received by the addressee five days following the day it was so mailed.
Notices to [Company] or Licensee shall be addressed to the address and
person indicated on the Price Quote. Either party may at any time give
notice in writing to the other party of any change of address. 18.
Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Wisconsin without giving effect to any choice or
conflict of law provision or rule. 19. Assignment. Neither this
Agreement nor the license granted hereunder may be assigned, in whole
or part, by Licensee without the prior written consent of [Company] and
any assignment or transfer made in violation of this provision shall be
null and void. 20. Severability. All parts of this license apply to the
maximum extent permitted by law. If any term or other provision of this
Agreement is invalid, illegal or incapable of being enforced by any
court of competent jurisdiction, that provision shall be deemed
severable from, and shall in no way affect the validity and/or
enforceability of, the remaining provisions. 21. Complete Agreement.
This Agreement supersedes any prior agreement between the parties and
constitutes the sole and exclusive statement of the terms and
conditions relating to your use of the Database. 22. Counterparts. This
Agreement may be executed in counterparts, including facsimile
counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. 23.
Amendment. No modification or amendment of this Agreement shall be
binding on the parties hereto unless agreed to in writing referring
specifically to this Agreement and signed by the duly authorized
representatives of the parties. 24. Waiver. None of the remedies
provided for in this Agreement is intended to be exclusive, and each
party shall have available all other remedies now or hereinafter
existing at law or in equity or by statute or otherwise. The delay or
failure of either party hereto to enforce any of its rights hereunder
shall not act as a waiver of any such right, nor shall the waiver of
any breach hereunder be deemed a waiver of any subsequent breach of
that or any other provision. 25. Headings. Paragraph headings used in
this Agreement are for convenience of reference only, are not part of
this Agreement, and shall not be used in construing it. 26. Use of
Third Party Payment Processing: We do not take responsibility for
breaches by third parties including, but not limited to, PayPal.

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