CHOICES360 TERMS OF USE
Effective Date: June 27, 2024
Welcome to Choices 360, a site owned and operated by XAP LLC
("XAP") (the "Site").
When you use Choices 360, you signify and affirm that you have
read, understand, and agree to the following terms and conditions
("Terms of Use"); that you are competent and capable of
understanding, agreeing to, and complying with these Terms of Use;
and that these Terms of Use form a legally-binding agreement
between you and XAP. You may also be required to click-to-agree to
these Terms of Use the first time you log into your account and at
other possible times. You agree that these Terms of Use are
supported by reasonable and valuable consideration (which includes
your use of Choices 360), and you acknowledge your receipt of and
the sufficiency of such consideration. If you do not agree with all
of the provisions of these Terms of Use, you may not use the Site.
As long as you abide by these Terms of Use and for as long as the
Site is operational, XAP grants you a personal, non-exclusive,
non-transferable, limited, and revocable license and privilege to
use this Site solely for your own personal, non-commercial use.
Eligibility
To use the Site, you must either be 18 or older, or if under 18,
you must have parent or legal guardian consent to use the Site and
you must be competent and capable of understanding, agreeing to,
and complying with these Terms of Use.
Amending these Terms of Use
We may update these Terms of Use in our discretion. Your
continued use of the Site following the posting of any change to
the Terms of Use means that you accept and agree to abide by these
Terms of Use as so changed. The revisions will apply to your use of
the Site on and after the date on which we post the revised Terms
of Use. Please review the Terms of Use from time to time, so you
will be aware of any changes. You can review the most current
version at any time at: http://www.Choices360.com/Home/terms.aspx.
You can determine if these Terms of Use have been revised since
your last visit to the Site by referring to the effective date. We
will provide notification of significant changes to these Terms of
Use through the Site. In addition, if changes are significant, we
will also notify you either (i) via your contact information; or
(ii) by requiring that you agree to the revised Terms of Use the
next time you log into your account.
Description of Services; Use of Site
We provide users with access to an extensive collection of
career and education planning and college preparatory resources
including but not limited to various applications, planners, a
portfolio, and search capabilities through the Site (the
"Service"). We provide the Service "AS-IS" and may modify or
terminate the Service without notice to you or any user. In
addition, should you use the Site or any of the Site Content
(defined below) for any purpose that is unlawful or prohibited by
these Terms of Use or should you otherwise violate these Terms of
Use, we reserve the right to suspend or terminate your account and
refuse any and all current or future use of any portion of the
Site.
You agree that your use of the Site and its Content will be in
compliance with all applicable laws and regulations. You agree not
to take any action that might compromise the security of the Site,
render the Site inaccessible by others, or otherwise cause damage
to the Site or its Content. You agree not to use the Site to
design, develop, test, update, operate, modify, maintain, support,
market, advertise, distribute, or otherwise make available any
program, application, or service (including without limitation any
device, technology, product, computer program, mobile device
application, website, or mechanical or personal service) that
enables or provides access to, use of, operation of, or
interoperation with the Site. You agree not to attempt to access
data or materials not intended for you; not to create a database by
downloading and saving any Content on the Site; not to transmit,
disclose, collect, or store personal information about others; not
to log into an account that you are not authorized to access; and
not to test the vulnerability of our network and/or security
systems or otherwise breach or circumvent our security in any way.
You acknowledge and agree that engaging in any of the above
prohibited activities constitutes an unauthorized use of the Site
and Content and is a material breach of these Terms of Use, which
may result in sanctions, ranging from suspension or termination of
your access to the Site to criminal and/or civil liability. Other
violations of these Terms of Use may also result in such sanctions
and liability.
You are responsible for all software, hardware, services (such
as Internet services), and other equipment necessary to access and
use the Site, including related expenses, if any.
Content
All information, text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, artwork, audio clips,
audiovisual clips, text and data compilations, the overall "look
and feel," computer code, and other content contained on or
comprising the Site (collectively referred to hereafter as
"Content") (and all present and future, copyrights, trademark
rights, patent rights, and other intellectual property and
proprietary rights therein and applications and registrations
therefor) are owned by, controlled by and/or licensed to XAP, and
are protected by copyright, patent, and trademark laws, and various
other intellectual property and unfair competition laws.
No part of the Site and no Content may be copied, reproduced,
republished, uploaded, downloaded, posted, publicly displayed,
encoded, translated, modified, transmitted, sold, distributed, or
otherwise exploited in any way, and you may not create derivative
works based on or derived from the Site or its Content, without
XAP's express prior written consent.
The editorial Content of this Site is available for
informational and noncommercial uses only; provided, however, that
permission is granted to copy electronically and print in hard copy
portions of the Site for the sole purpose of applying to college or
using this Site as a career and education planning and college
preparatory resource. The editorial Content shall not be modified
in any way, and all copyright and other notices on any screen shall
be retained.
XAP is not responsible if any Content available on the Site is
not accurate, complete, or current. XAP reserves the right to
modify the Site and its Content at any time without notice, but has
no obligation to update the Site or its Content. It is your
responsibility to monitor changes to the Site and its Content.
XAP is a registered trademark of XAP LLC in the United States.
Other trademarks, product names, company names, and logos appearing
in the Site are registered and unregistered marks of XAP and/or
third parties and are the property of their respective owners.
Unauthorized use of such marks is strictly prohibited.
Privacy Policy
To access your account on the Site and use most features of the
Site, you will be required to provide XAP with certain information
about yourself. XAP will maintain the privacy of your information
in the manner and to the extent set forth in our privacy policy.
For more information, please review our full privacy policy for the
Site at http://www.Choices360.com/Home/privacy.aspx.
Your use of the Site constitutes your agreement to our Privacy
Policy, which Policy is incorporated into and made a part of these
Terms of Use by this reference.
Account, Password, and Security
You will receive a password and username upon completing the
Site's registration process (or you may be given a username and
password by a District or school administrator if your District or
school sets your account up for you). You are responsible for
maintaining the confidentiality of the password and username and
are fully responsible for all activities that occur under your
password and account, whether with or without your knowledge. You
also agree to log out of your account at the end of each session.
You agree to notify XAP of any unauthorized use of your account or
any other breach of security. XAP may suspend or terminate your
account in such event. XAP will not be liable for any loss or
damage arising from your failure to comply with this section.
Links to other Sites
This Site may provide links to other World Wide Web sites or
resources. These external resources are provided as a convenience
to our users. XAP has no control over such external resources, and
XAP is not responsible for and does not endorse the content of such
external resources, including any information or materials
contained therein. You are responsible for making your own
independent judgment regarding your interaction with these external
sites or resources. You link to such third-party sites and
resources at your own risk.
Disclaimer
YOU MAY USE THIS SITE AND ITS CONTENT ONLY AT YOUR OWN AND SOLE
RISK. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR
RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE
INTERCEPTED BY UNAUTHORIZED PARTIES.XAP AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE AND CONTENT PROVIDERS,
SUBCONTRACTORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND
REPRESENTATIVES (COLLECTIVELY, "XAP PARTIES") ARE PROVIDING THIS
SITE AND ITS CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIS SITE OR ITS
CONTENT. XAP PARTIESDISCLAIM ALL REPRESENTATIONS AND
WARRANTIES,WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
REGARDING THIS SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY OTHER
IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING,
OR TRADE USAGE. IN ADDITION, XAP PARTIESDO NOT REPRESENT OR WARRANT
THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR
CURRENT. SITE CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. PORTIONS
OF THE CONTENT OF THIS SITE ARE PROVIDED AND UPDATED BY THIRD
PARTIES. FURTHER, XAP PARTIESDO NOT WARRANT THAT THE FUNCTIONS
PRESENTED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT
MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION OF YOUR COMPUTER AND ASSOCIATED EQUIPMENT. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR OTHERWISE, OBTAINED BY YOU THROUGH
THIS SITE, ANY OTHER WEBSITE OPERATED BY XAP OR ANY SERVICE
ACCESSED THROUGH ANY SUCH WEBSITE, OR ANY XAP EMPLOYEE OR
REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS OF USE.
APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE
DISCLAIMERS MAY NOT APPLY TO YOU.
THIS SERVICE CONTAINS GOOGLE TRANSLATE. GOOGLE DISCLAIMS ALL
WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. (https://translate.google.com/)
Indemnification
You agree to indemnify and hold harmless, and at XAP's request,
defend XAP Parties from and against any and all demands, suits,
claims, liabilities, losses, damages, costs, and expenses
(including reasonable attorneys' fees and costs) made by any third
party due to or in connection with your use of this Site or its
Content (or a third party's use of the Site or its Content under
your username and password, with or without your knowledge); your
violation of these Terms of Use or breach of any of your
representations and warranties herein; your negligent or willful
misconduct; or your violation of any law, rule, or regulation. XAP
Parties reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and, in such case, you agree to cooperate with XAP Parties in the
defense of such matter.
Limitation of Liability
To the fullest extent permitted by applicable law, under no
circumstances and in no event shall XAP Parties be liable,
regardless of the cause or duration, for any errors, omissions, or
other defects in the Site or Content contained within the Site, for
any delay or interruption in the transmission thereof to you, for
any malfunction of any service offered on the Site, or for any
claims or losses arising therefrom or occasioned thereby. To the
fullest extent permitted by applicable law, under no circumstances
and in no event shall XAP Parties be liable for any direct,
indirect, incidental, special, consequential, punitive, exemplary,
multiple, or other damages arising out of or relating to your use
of, or inability to use, the Site and/or its Content; from the
delay or inability to use the Site or its Content; from any
information, products, or services you obtain through the Site; or
otherwise arising out of your access to and use of the Site,
whether based in contract, tort, strict liability, or otherwise,
even if XAP Parties have been advised of the possibility of
damages.
In no event shall you recover attorneys' fees or legal costs.
You waive all rights to have damages multiplied or otherwise
increased. You and XAP Parties agree that any cause of action
arising out of or related to the Site or its Content or these Terms
of Use must be filed within one (1) year after the cause of action
accrues, or the cause of action is permanently barred. You agree
that any and all disputes, claims, or causes of action arising out
of or relating to your use of Site or its Content shall be resolved
individually, without resort to any form of class action. These
limitations apply notwithstanding any failure of essential purpose
of any limited remedy.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF
USE ARE A MATERIAL PART OF OUR AGREEMENT. SOLELY TO THE EXTENT
THAT, AS A RESULT OF APPLICABLE LAW, ANY OF THE DISCLAIMERS OR
LIMITATIONS OF LIABILITY DOES NOT APPLY TO YOU, YOU MAY HAVE
ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM
AGGREGATE LIABILITY FOR ALL TYPES OF DAMAGES AND LOSSES AND ALL
TYPES OF CLAIMS AND LIABILITY SHALL BE THE TOTAL AMOUNT, IF ANY,
PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE INCIDENT
THAT GAVE RISE TO YOUR CLAIM.
In agreeing to the limitations of liability in these Terms of
Use, you expressly waive any protections (whether statutory or
otherwise) that would limit the coverage of the limitations of
liability to include only those claims that you know or suspect to
exist in your favor at the time of agreeing to the limitations of
liability.
Audit Rights and Enforcement
XAP has the right, but not the obligation, at any time and with
any frequency in its discretion, to audit your use of the Site to
determine your compliance with these Terms of Use. XAP has the
right to enforce these Terms of Use, for any reason and in any
manner or by any means that XAP, in its sole discretion, deems
necessary or appropriate (including without limitation automated
and manual screening, blocking, filtering, and/or the deletion of
all or a portion of the Site). If XAP terminates your access to the
Site, regardless of the cause or basis for such termination, you
agree that XAP shall not be liable for any such termination, and
you are not entitled to compensation or damages of any kind as a
result of the termination. Accessing the Site after such
termination will constitute an act of trespass, among other
potential claims.
XAP may, in its sole discretion and without additional notice to
you, start, stop, or modify any regulation or enforcement measures
at any time. XAP action or inaction to regulate conduct or to
enforce any potential or actual violation of these Terms of Use by
any user does not waive XAP's right to implement regulation or
enforcement measures with respect to any subsequent or similar
conduct or potential or actual violation of these Terms of Use. XAP
may cooperate with any legal process relating to your use of the
Site and/or any third party claim that your use of the Site is
unlawful or violates any third party's rights.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms of
Use will continue to apply to all past use of the Site, even if you
are no longer using the Site, whether voluntarily or because we
terminated your access.
Notices and Electronic Communications
When you use the Site or send email to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. XAP may provide notices to you by sending them
to the email address associated with your account. Any notice sent
to you by email will be deemed received when sent. We may also
communicate with you by posting notices on the Site, and any such
notice shall be deemed received when you visit the Site after we
post such a notice. You agree that all agreements, notices,
disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing. Any notice that you send to XAP must
be sent by mail to the following address or to such other address
as we provide in a notice to you or on the Site: 600 Corporate
Pointe, Suite 220, Culver City, CA 90230.
Governing Law and Jurisdiction
This Site is controlled and operated from the United States and
is not intended to (and shall not be deemed to) subject us to
non-U.S. jurisdiction or laws. Non-U.S. residents are not allowed
to use the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all of the provisions of
these Terms of Use. If you access the Site, you agree to comply
with all applicable local, state, and federal laws, rules, and
regulations in connection with your use of the Site. We may limit
the Site's availability, in whole or in part, to any person,
geographic area, or jurisdiction we choose, at any time and in our
sole discretion.
These Terms of Use will be governed by and construed in
accordance with the laws of the State of California,
notwithstanding your actual state of residence, and without regard
to any conflict-of-law provisions. By using this Site, you hereby
consent to the exclusive personal jurisdiction and venue of the
local, state, and federal courts located in Los Angeles County,
California, and you waive any objection to jurisdiction or venue.
THE PARTIES HERETO EXPRESSLY AND IRREVOCABLY WAIVE THEIR RIGHT TO
TRIAL BY JURY.
Miscellaneous
Any feedback you provide at this Site or otherwise to XAP shall
be non-confidential. You represent and warrant that any feedback
you provide is and shall remain exclusively owned or controlled by
you and does and shall not violate the rights of or cause injury to
any third party. XAP shall be free to use such feedback on an
unrestricted basis, and you grant XAP an unrestricted, irrevocable,
non-exclusive, transferable, sublicensable (through multiple tiers
of sublicensees), royalty-free, fully-paid-up, perpetual, and
worldwide license to use, reproduce, edit, adapt, publish,
translate, create derivative works from, distribute, and display
such feedback in connection with the Site or XAP's business
generally (including for advertising and marketing purposes) and in
connection with any media, whether now known or hereafter
developed. XAP is under no obligation to use any feedback or to pay
to use any feedback. You acknowledge and agree that XAP may have
something similar already under consideration or development, and
XAP will own all right, title, and interest in and to what it
creates or develops without use of your feedback.
These Terms of Use (and the privacy policy incorporated herein)
constitute the entire agreement between you and XAP regarding your
use of the Site. If any provision of these Terms of use is
determined to be invalid, illegal, or unenforceable under
applicable law, then the invalid, illegal, or unenforceable
provision will be deemed to be superseded by a valid, legal, and
enforceable provision that most closely matches the intent of the
original provision, and the remainder of these Terms of Use will
continue in full force and effect. XAPs failure to insist upon or
enforce strict performance of any provision of these Terms of Use
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practices shall act to modify any of these Terms of Use. You may
not assign, transfer, or sublicense any or all of your rights or
obligations under these Terms of Use. We may assign our rights and
obligations under these Terms of Use to any party, at any time, and
without notice to you, unless otherwise expressly stated herein or
required by law. You agree that a printed version of these Terms of
Use and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings, based upon or relating
to these Terms of Use and/or your use of the Site, to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. Nothing in these Terms of Use is in derogation of our
right to comply with governmental, court, and law enforcement
requests or requirements relating to your use of the Site or
information provided to or gathered by us with respect to such use.
We reserve all rights not granted expressly in these Terms of
Use.