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Terms of Use (Last updated August 26, 2005) QuestBridge, a division of The Quest Scholars Program ("QB", “us” or “we”), maintains the website www.questbridge.org (the “QB Website”) as a service to its users. By accessing and/or using the QB Website, you are expressly agreeing to comply with and be bound by these Terms of Use (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”). In order to use the QB Website, you must be at least eighteen (18) years old or have your parent’s or guardian’s consent. If you do not agree with the Terms of Use, you are not authorized to use the QB Website and may not access or use it. QB may revise and update the Terms of Use at any time. The most recent effective date of our Terms of Use is listed at the top of this page. Please periodically link to and review these Terms of Use, because your continued usage of the QB Website indicates your agreement with any updated terms. A. Registration; College Match Program. Registration. In order to access certain portions of the QB Website and to use certain services provided therein, QB may require you to register either directly with QB or through one of its service providers. These services include our college match program which offers you an opportunity to be matched with one of our partner colleges or universities for early admission and a full scholarship (the “College Match Program”). In order to participate in our College Match Program, you must first register by following a link from the QB Website to our service provider, Embark, a division of The Princeton Review, Inc. (“Princeton Review”). You will know you are on Embark’s website when a new window opens up in your web browser and the URL no longer displays our domain name but instead the domain embark.com (the “Embark Website”). On the Embark Website, you will be asked to create a User ID and password and to provide information such as your name, address, phone number and email address on the registration form. Choosing Your User ID and Password. Your User ID and password cannot be the same. When choosing your password, you should pick a non-obvious one that mixes at least six or more numbers and letters. Password Security. As there will be sensitive information within secured areas of the QB and Embark Websites, you are required to keep your User ID and password secure at all times. If at anytime you believe your password has been compromised, you can access your account on the Embark Website and change your password through the User profile link. If you suspect any unauthorized activity related to your account, you should contact us immediately. Neither Princeton Review nor QB will ever ask for a password in an unsolicited phone call or e-mail. Please always remember to log out of your account at the end of your session by clicking the “Log Out” button on the top navigation bar, and close your browser window whenever you leave your computer. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. You agree to immediately notify QB and Princeton Review of any unauthorized use of your User ID or password or any other breach of security. QB and its service providers cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy. Maintenance of Registration Information. It is important that you keep your account current with your most recently updated registration information (including your email) so that we can adequately provide you with our services. You may update your registration information at anytime by accessing your User profile link on the Embark Website, using your User ID and password. In addition, you agree to notify QB of any errors, discrepancies, or unauthorized activity that you discover concerning your account with QB. Application Process. After registering, you may begin completing the application process for the College Match Program (the “Application Process” or the “Application”) on the Embark Website. On the Application, you will be asked to input personal information such as, your name, address, email address, phone number, social security number, age, and current school. In addition, you will need to input certain family information, including your parent or guardian’s names, addresses, contact information, and financial information so that QB may determine your eligibility for the College Match Program. Furthermore, you will be asked to submit academic information such as your transcript and standardized test scores. You will also be requested to submit answers to personal questions and to write personal essays. Finally, we ask that you submit a photograph of yourself. For a more in-depth description of what the Application Process entails, please visit our application overview which can be linked to by clicking here. Access to Opportunities. After you complete the Application Process, you will gain access to opportunities offered by our network of colleges, scholarship providers, internship program sponsors, and other organizations serving outstanding students (“Associates”). After a QB student enters an undergraduate program, if the student keeps the information in the Application current, he or she may also qualify for future opportunities (e.g., internships, other scholarships) and potential recruitment by professional and graduate schools (e.g. medical school, law school, and Ph.D. programs) throughout his or her undergraduate tenure. B. Privacy Policy. QB recognizes the importance of ensuring your privacy and protecting your identity. Please note that QB will only share your personal information that you submitted on your Application with certain Associates if you want us to do so. Please review our Privacy Policy for more information on how we may collect, use and disclose your personal information. C. Referral Program. QB needs your help to identify high-achieving, low income students who could benefit from the College Match Program. Our Referral Program provides awards to eligible individuals for referring applicants who receive College Match Scholarships (“Referral Program”). For more information, and to make a referral, please visit our Referral Program web page. D. Proprietary Rights. We have invested a significant amount of time, effort, and resources in the creation of the QB Website. You understand and agree that QB and/or its licensors, Associates, and service providers retain all right, title, and interest in (including all copyrights, patents, service marks, trademarks, trade secrets and other intellectual property rights) and to all content, including without limitation, any and all text, data, graphics, images, sound, and other information provided on or to the QB Website or the Embark Website, whether by QB, its service providers or users and whether in print, machine-readable, visual or audible form, (altogether, “QB Content”). You are hereby granted a limited, personal, non-exclusive, non-transferable, fully revocable, right and license to display, use and print out the QB Content for your own, non-commercial purposes. The QB Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted by the foregoing license. All trademarks are owned or licensed by QB, its Associates and/or service providers. You shall not remove, alter or obscure any such notices on any printouts, screen displays or copies thereof. You shall not add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. E. Termination. Termination By You. You may terminate the Terms of Use at any time, with or without cause, by sending written notice to QB of such intent by U.S. postal mail to the following address: QuestBridge, PO Box 20072, Stanford, CA 94309. Such notices shall specify the effective date of termination, which date shall not be less than thirty (30) or more than ninety (90) days after the date of notice. Termination for Any Reason. In addition, QB reserves the right to terminate the Terms of Use and discontinue access to the QB Website and/or to discontinue providing any services thereon at any time for any reason, including, without limitation, as a result of your breach of the Terms of Use. Effect of Termination. Termination of the Terms of Use shall terminate any licenses granted hereunder and your participation in or under any programs or services provided in connection with the QB Website (including, without limitation, the College Match Program), unless we, in our sole discretion, grant you authorization to continue to use the QB Website and/or any particular services or programs we provide thereon. In addition, QB shall have the right, but not the obligation, to immediately terminate your User ID and password to prevent you from further accessing the QB Website and/or any secured areas. Notwithstanding the foregoing, the terms set forth in Sections D through I of these Terms of Use and the Privacy Policy in its entirety shall survive termination. F. Indemnity. The QB Website is being provided by QB to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from (i) your failure to comply with these Terms of Use (including, without limitation, your failure to maintain the security of your User ID and/or password) (ii) your use of the QB Website and Embark Website, and/or (iii) any authorized disclosure (including, without limitation, your authorization that QB disclose your personal information, academic records and credentials to our Associates and/or service providers). You agree to hold QB and QB’s directors, officers, employees, agents, attorneys, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys’ fees and expenses relating to any claim arising out or resulting from your access to the QB Website or your use, disclosure or authorization for QB to disclose any data or content thereon (including, without limitation, your authorization that QB disclose your personal information, academic records and credentials to our Associates and/or service providers). G. No Warranty. You acknowledge that the services are provided “AS IS” and “WITH ALL FAULTS.” QB, its employees, affiliates and service providers make no warranty as to the QB Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QB, ITS EMPLOYEES, AFFILIATES AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H. Exclusion of Damages; Limitation on Liability. IN NO EVENT SHALL QB, ITS EMPLOYEES, ITS AFFILIATES, ASSOCIATES AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF QB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF QB, ITS EMPLOYEES, AFFILIATES, ASSOCIATES AND/OR SERVICE PROVIDERS AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. I. General Provisions. Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of the Terms of Use without the prior written consent of QB, which may be withheld at its sole and absolute discretion. QB may assign the Terms of Use in whole or in part. Choice of Law. The Terms of Use shall be governed by the laws of the State of California as such laws are applied to contracts executed in and to be performed entirely within California by California residents. This means that California law will be applied to the interpretation of the Terms of Use even for non-California residents. Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions. Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to the Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in Palo Alto, California. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction Entire Agreement; Amendments. These Terms of Use and our Privacy Policy constitute the entire agreement between you and QB with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, QB may amend the Terms of Use without prior notice to you. QB may revise the Terms of Use from time to time. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision of the Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
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