This Agreement (“Agreement”) is between you (“You” or “Your”) and RSC: Your College Prep Expert of 1462 Erie Blvd, Suite 101B, Schenectady, New York 12305 (“RSC”) the publisher of this College Prep Expert web site at www.collegeprepexpert.com (the “Website”). The effective date of this Agreement (“Effective Date”) is the date on which You accepted this Agreement by clicking “AGREE” on the enrollment page of the Website and is the date indicated on Your receipt. You may also confirm Your Effective Date on the “My Account” portion of the Website.
1. Description of Services
RSC grants You and Your Authorized Student(s) a non-exclusive, non-transferable, limited right to access, use, and display the Website and the materials provided thereon, and to download or print content displayed thereon, only for the benefit of the Authorized Student(s), for the Term, provided that You and Your Authorized Student(s) comply fully with this Agreement (the “Services”). The contents of the Website are only for the personal, non-commercial use of You and Your Authorized Student(s). You agree that You and Your Authorized Student(s) will not interrupt, or attempt to interrupt, the operation of the Website or any part thereof in any way.
This Agreement will commence on the Effective Date and will continue for a period of five (5) years from that date unless terminated earlier under the terms of this Agreement. Paperwork services are provided for one year, typically in preparation for the student's freshman year of college. Additional years of paperwork service (renewals), can be purchased by contacting RSC at 800-898-4636.
3.1. Enrollment Fee. You may enroll a first student for whom You are legally responsible (the “First Authorized Student”) in the Services by paying the enrollment fee as described at checkout.
3.2. Additional Student Discount. You may enroll other students for whom You are legally responsible and who live in the same household as the First Authorized Student (and having identical household information for financial aid purposes) (each, an “Additional Authorized Student”) at the time of enrollment of the First Authorized Student (i.e., on the Effective Date) for a discount of the Enrollment Fee for each Additional Authorized Student (collectively, the First Authorized Student and Additional Authorized Student(s) are “Authorized Student(s)”). Other student(s) not enrolled as of the Effective Date are not guaranteed the same Enrollment Fee as the Authorized Student(s).
3.3. Paid in Full Discount. If Your account is paid in full at the time of purchase, You will receive a discount from the Enrollment Fee of each of the Authorized Student(s).
3.4. Payment Terms. All payments are due monthly on or before the due date indicated on RSC’s monthly invoice—either the 1st, 10th, or 20th of the month, depending on Your selection at the time of enrollment. You agree to pay RSC all amounts due using a valid payment card that RSC accepts. RSC will automatically charge the payment card according to the payment schedule that You selected when entering this Agreement. You can confirm Your payment schedule on the “My Account” portion of the Website.
3.5. Taxes. You are responsible for all taxes associated with Your use of the Services. If RSC is required to collect or pay any taxes relating to Your use of the Services, You will be charged for all such taxes.
4. Rewards Program
Authorized Student(s) qualify for all of RSC’s “Rewards Programs,” including, but not limited to, Refer-a-Friend, and promotions. You understand and agree that rewards in promotions are not guaranteed and are contingent upon participation by You and/or Your Authorized Student(s) and RSC’s selection and award process. You are eligible for Rewards Program payments upon RSC’s receipt of the final payment for the Services. Each Rewards Program may be subject to additional terms and conditions.
5.1. You may cancel within 7 days of enrolling. Any payments, deposits, or other fees paid are non-refundable following the initial 7 day "trial" period. Cancellation is not permitted following the 7 day trial period.
5.2. RSC reserves the right to restrict, suspend, or terminate the Services, in whole or in part, without notice, with respect to any breach or threatened breach by You or Your Authorized Student(s) of any portion of this Agreement. If RSC terminates this Agreement (and therefore the Services) based on a breach of any portion of this Agreement, RSC reserves the right to refuse to provide access to the Website to You or Your Authorized Students in the future.
5.3. Administrative Hold. If You are unable to make payments, You may opt for administrative hold for up to 6 months during which payments are not due, before resuming payments. When an account is placed on “administrative hold,” no Website access will be permitted to You and Your Authorized Student(s). The Term of this Agreement, including the payments due, will be extended by the number of months the account is on administrative hold. Multiple administrative hold periods are allowable, but the total cumulative time an account is on administrative hold may not exceed 6 months. If You do not resume payment on or before the end of 6 months of administrative hold, whether consecutive months or not, this Agreement will be terminated and all previous payments are forfeited. To resume receiving Services after an account is terminated, You will need to re-enroll, and any credit for any previous payments will be at the sole discretion of RSC.
6. Your Obligations
6.1. You represent and warrant that You have the full power and authority to enter into this Agreement.
6.2. You will monitor the use of the Services, including, without limitation, use of the Website, by Your Authorized Student(s) and warrant that such use by each Authorized Student will abide by the terms of this Agreement.
6.3. For purposes of identification and billing, You agree to: (1) provide RSC with accurate, complete, and updated information required when purchasing the Services; and (2) promptly notify RSC of any changes to Your billing information, for example, if Your payment card expires.
7. Disclaimers and Acknowledgments
7.1. RSC does not guarantee admission to any college or that an Authorized Student will attend college at all. Only college admissions officers or other college representative can guarantee admission. Authorized Students receiving the Services may choose to enter the workforce, military service, or other opportunity rather than college.
7.2. RSC does not guarantee any financial aid package or awards because specific results depend on factors beyond our control, including (but not limited to): changes in family economic circumstances, college(s) to which an Authorized Student applies for admission, Authorized Student academic achievement, degree to which an Authorized Student follows the advice provided by RSC, academic degree pursued, timeliness and accuracy of data submitted by the family, and changes in student aid rules and regulations.
7.3. You understand that Your Authorized Student(s) may not qualify for need-based and/or academic-based financial aid due to an inability to meet federal and/or state eligibility requirements, or for any other reason beyond the control or responsibility of RSC.
7.4. Portions of RSC’s college and career preparation materials are licensed from outside parties. These parties may change from time to time if, in RSC’s sole judgment, such a change is warranted.
7.5. RSC does not grant, obtain, advise, or offer assistance in obtaining an extension of credit by itself or any other party other than to provide, without charge, information on federal subsidized and unsubsidized student loans and guarantees.
7.6. RSC does not perform scholarship searches.
7.7. RSC does not discuss your matter with anyone not a party to this Agreement. All correspondence regarding the Services should be addressed to our Student Services Department at the address listed above.
8. Disclaimer of Warranty
8.1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES, OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RSC DOES NOT WARRANT THAT ANY PORTION OF THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RSC AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.USE OF THE WEBSITE, AND RELIANCE UPON ANY INFORMATION THEREIN, IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
9. Limitation of Liability
9.1. IN NO EVENT WILL RSC, ITS AFFILIATES, OR ANY EMPLOYEE, AGENT, OFFICER, DIRECTOR, CONTRACTOR, CONSULTANT, OR OTHER REPRESENTATIVE, BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, AND IN NO EVENT WILL RSC’S AGGREGATE LIABILITY TO YOU, YOUR AUTHORIZED STUDENT(S), OR ANY THIRD PARTY, FOR ANY CLAIMS, LOSSES, INJURIES, SUITS, DEMANDS, JUDGMENTS, LIABILITIES, COSTS, EXPENSES, OR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE FEES PAID BY YOU TO RSC.
9.2. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold harmless RSC and its affiliates from and against any and all liability and costs incurred by RSC or its affiliates in connection with any claim arising out of any breach or alleged breach of any of Your representations, warranties, or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. RSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any matter without the written consent of RSC.
11. MiscellaneousThis Agreement is the only agreement between You, Your Authorized Student(s), and RSC. Any oral statements are not part of this Agreement unless repeated in writing. Except as expressly set forth in this Agreement, none of the parties has relied upon any oral representation or oral information given by any representative of either party. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the place of trial of any disputes arising hereunder shall be Schenectady, New York. In the event of any dispute arising out of this Agreement, the prevailing party shall recover, in addition to damages assessed, its attorneys’ fees and court costs incurred in litigating or otherwise settling or resolving such dispute, whether such an action is brought or prosecuted to judgment.