Terms Of Service

Mycollegetracker Terms of Service PDF

Binding Legal Contact
Mycollegetracker is provided to you by KDK Solutions, Ltd. The Terms of Service outlined below constitute an agreement that is a binding legal contract between you and KDK Solutions, Ltd. . Please read this agreement; by using this service, you accept its terms.


Right to change

KDK Solutions, Ltd. reserves the right to update and change the Terms of Service from time to time without notice. New features, including new tools and resources, shall be subject to the Terms of Service. By continuing to use the service after we post changes, you accept these Terms, as modified. You can review the most current version of the Terms of Service at any time at: http://www.mycollegetracker.com/terms_of_service.htm


Questions

We invite you to send in your questions or comments about Mycollegetracker.com or to tell us about any material you believe to be inaccurate. Please send comments, including a copy of any material you wish to discuss, to our General Manager at Mycollegetracker.com.


Registration

To register for this service you must:

  1. be at least 16 years old.
  2. give your legal full name, a valid email address, and any other information requested to complete the signup process.
  3. agree not to register or attempt to enter the service using the name, email address or other personal information of another person.
  4. agree not to share your account with another person with the exception of those assisting in the college selection process - multiple users on one account are not allowed
  5. agree to keep your password confidential and notify us of any known or suspected unauthorized use of your account. KDK Solutions, Ltd. is not liable for any loss or damage from your failure to comply with this security requirement.
  6. assume responsibility for all content posted and activity that occurs under your account.
  7. agree not to use the Service for any illegal or unauthorized purpose.
  8. agree to use the Service at your own risk.
  9. agree to indemnify and hold KDK Solutions Ltd. harmless from any claim that may arise from your use of any Communications Service available through its sites.

Termination

KDK Solutions, Ltd. reserves the right to reject or terminate any user that, in its judgment, violates the terms of this agreement. KDK Solutions, Ltd. is not responsible for the Content posted on the Service including that, which is offensive and inaccurate.


Jurisdiction

The Terms of Service agreement has been made in and shall be construed in accordance with the laws of the State of Georgia. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, in all disputes arising out of or relating to this agreement or this Web site.


Cancellation and Termination
  1. Your account is automatically terminated at the end of the selected period 18 months. You can continue the account by clicking on the Account Extension button.
  2. Upon termination, all of your Content will be immediately deleted from the Service.
  3. KDK Solutions, Ltd. in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. KDK Solutions, Ltd. reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices
  1. KDK Solutions, Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. KDK Solutions, Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership
  1. The materials available through KDK Solutions, Ltd. sites are the property of KDK Solutions, Ltd. and are protected by copyright, trademark and other intellectual property laws. You may not use any trademark or service mark appearing on its sites without the prior written consent of the owner of the mark. KDK Solutions, Ltd. and the Mycollegetracker.com and M-CAP™ logos are trademarks of KDK Solutions, Ltd.
  2. You may not reproduce any of the materials without the prior written consent of KDK Solutions, Ltd., the owner. You may not distribute copies of materials found on its sites in any form (including by email or other electronic means), without prior written permission from t KDK Solutions, Ltd.. You are free to encourage others to access the information themselves and to tell them how to find it. Requests for permission to reproduce or distribute materials found on our sites should be sent to our General Manager.
  3. You may not frame any of the content or incorporate into another Web site or other service any of the intellectual property without the prior written permission of KDK Solutions, Ltd.,. Requests for permission to frame content may be sent to the General Manager by email or at our address.
  4. KDK Solutions, Ltd. claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours and you are free to mail your reports to Colleges/counselors.
  5. KDK Solutions, Ltd. does not pre-screen content posted to the Forum, but KDK Solutions, Ltd. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  6. By submitting material to the sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to the Forum, you agree that we may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we may identify you as the author of any of your postings by name, email address or screen name as we see appropriate.
  7. You are free to display and print for your personal, non-commercial use information you receive through our sites.
  8. You are free to establish a hypertext link to the sites so long as the link does not state or imply any sponsorship of your site by Mycollegetracker.com, M-CAP™ or KDK Solutions, Ltd.
  9. If you are an owner of intellectual property and believe your intellectual property has been improperly posted or distributed via one of the sites, notify KDK Solutions, Ltd. by email. A written notice must contain at least specific information about the violation. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property and such infringement occurs on this site.

General Conditions

Specific Prohibited Uses. Without limiting the foregoing, KDK Solutions, Ltd. may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

  1. modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, KDK Solutions, Ltd.
  2. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by KDK Solutions, Ltd.
  3. verbal, physical, written or other abuse (including threats of abuse or retribution) of any KDK Solutions, Ltd. customer, employee, member, or officer will result in immediate account termination.
  4. upload or post any off-topic or irrelevant material to the Forum.
  5. impersonate any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  6. forge headers or otherwise manipulate identifiers in a manner that disguises the origin of any content you transmit through the Forum Service.
  7. gather for the purpose of "spamming" any email addresses that visitors post in our Forum.
  8. interfere with or disrupt any servers or networks used to provide the Forum Services, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Forum Services.
  9. violate any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
  10. "stalk" or otherwise harass another.
  11. Instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  12. collect or store personal data about other users.
  13. gain unauthorized access to any of our sites, or any account, computer system, or network connected to any of our sites, by means such as hacking, password mining or other illicit means.
  14. obtain or attempt to obtain any materials or information through any means not intentionally made available through any of our sites.
  15. Upload, post, email, host, transmit or otherwise make available:
    1. any content that in its discretion might be unlawful, harmful, threatening, abusive, libelous, or obscene.
    2. any content or material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.
    3. any content or material that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
    4. any content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    5. any unsolicited email, SMSs, or "spam" messages.
    6. any unsolicited or unauthorized advertising, promotional materials, any illegal pyramid or "Ponzi" type schemes, or any other form of solicitation, without our express written approval.
    7. any worms or viruses or any code of a destructive nature.


You understand that KDK Solutions, Ltd.
  1. reserves the right to deny access to any Service to anyone who violates the Terms of Service agreement or who, in its judgment, interferes with the ability of others to enjoy the site or infringes the rights of others.
  2. reserves the right (but assume no obligation) to delete, move, block access to, or edit any postings that come to its attention that is considered unacceptable or inappropriate, whether for legal or other reasons (unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service) in order to comply with the law, to enforce the Terms of Service Agreement, or to protect the rights, property or safety of visitors to our sites, the public, or KDK Solutions, Ltd. and its employees, agents, partners and affiliates.
  3. cannot and does not review every posting made in the Forum, which is available for public postings. KDK Solutions, Ltd. does not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of KDK Solutions, Ltd. staff.
  4. may transfer unencrypted the technical processing and transmission of the Service, including your Content, and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  5. reserves the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption, if your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by KDK Solutions, Ltd) of other Mycollegetracker customers,.
  6. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  7. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KDK Solutions, Ltd. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
  8. provides the Service on an "as is" and "as available" basis. Some information, such as college tuition and fees, application deadlines, and college requirements may not be entirely accurate. Before you act on any information you have found on our site, you should confirm any facts that are important to your decision by contacting the colleges. If you rely on any information or communications available through the sites, you do so at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any Service, material, and/or data downloaded from or otherwise provided through the sites.
  9. The failure of KDK Solutions, Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KDK Solutions, Ltd. and govern your use of the Service, superceding any prior agreements between you and KDK Solutions, Ltd. (including, but not limited to, any prior versions of the Terms of Service).
  10. KDK Solutions, Ltd. Is not responsible for, and cannot guarantee the performance of, goods and services provided by advertisers or others to whose sites are linked. A link to another Web site does not constitute endorsement of that site (nor of any product, service or other material offered on that site).

Privacy Policy Statement

KDK Solutions, Ltd. collects the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer. The information collected is used to improve the content of the Web pages and the quality of service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, with your permission or under the following circumstances:

  • It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
  • KDK Solutions, Ltd. or Mycollegetracker.com or M-CAP™ is acquired by or merged with another company. In this event, KDK Solutions, Ltd. will notify you before information about you is transferred and becomes subject to a different privacy policy.
  • KDK Solutions, Ltd. may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.


Information Gathering And Usage

When you register for M-CAP™ we ask for information such as your name and email address.


To help make the sites more responsive to the needs of visitors, KDK Solutions, Ltd. invokes a standard feature of browser software, called a "cookie," to assign each visitor a unique, random number, a sort of user ID, if you will, that resides on your computer. The cookie doesn't actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), KDK Solutions, Ltd. won't know who you are, even if KDK Solutions, Ltd. assigns a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can't read unrelated data off your hard drive. KDK Solutions, Ltd. advertisers and the third parties that provide products or services through the sites may also assign their own cookies to your browser, a process that we don't control.


KDK Solutions, Ltd. use cookies to help tailor sites to your needs, to deliver a better, more personalized service. KDK Solutions, Ltd. may use cookies to track the pages on the sites visited by users. KDK Solutions, Ltd. can build a better site if it knows which pages users are visiting and how often. Of course, you can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our sites.


COOKIES

  • A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.
  • Cookies are required to use the Mycollegetracker service.
  • KDK Solutions, Ltd. uses cookies to record current session information, but do not use permanent cookies. You are required to log-in to your Mycollegetracker Site after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.