Before using any of the Copilot Services, you must accept these terms. By using or subscribing to any of the Services, you represent and warrant that you are able to enter into a binding agreement with Copilot, and that you have read and accepted these Terms. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Copilot offers paid subscriptions for Services. Such subscriptions for Services are billed to the credit card you provide when registering and are billed automatically on a recurring, periodic schedule in advance of each period. When you submit a credit card for payment, you represent and warrant that the credit card information you provide is true and correct and that you are the authorized cardholder or such authorized cardholder has agreed to these Terms and granted permission to you to subscribe to these Services and incur charges under these Terms. You may cancel at any time through your account settings or by written notice to email@example.com. Cancellation will discontinue billing for the next period, but will not entitle you to a prorated or otherwise partial refund. If your credit card cannot be processed, Copilot shall have the right to cancel or suspend your Service. Under no circumstances will Copilot be liable for losses or damages due to cancellation or suspension of Services if charges billed to your credit card are not processed.
Copilot reserves the right to change or amend the Services offered, or the fees charged for products and Services. Should such a change increase the price payable by you for existing products or Services, you will be notified of such change at least 14 days in advance. Upon such notice, you must cancel your subscription within 14 days or before the date on which the increase takes place, whichever is sooner. If you do not cancel within said period, you will be deemed to have accepted the change.
Copilot reserves the right to immediately cancel your subscription without notice or liability if, in our good faith judgment, you have violated any portion of these Terms or your use of or access to the Services violates any applicable law or regulation. Copilot may also cancel your subscription for any other reason upon providing you written notice of such cancellation and a prorated refund of Services for which payment has been processed in the billing period.
Nothing herein shall limit any other legal, equitable, or contractual rights available to Copilot.
Your Responsibilities Regarding Your Account
Services provided by Copilot require registration. Such registration may contain personal details and credit card information, and will require you to create a username and password (“Login Credentials”). It is your responsibility to safeguard your username and password. We encourage you to use caution and create strong passwords to protect your information. You may not, without express authorization from the owner of the account, use someone else’s Login Credentials.
Your Responsibilities Regarding Usage of the Services
WE STRONGLY ENCOURAGE YOU TO INDEPENDENTLY VERIFY WITH SCHOOL WEBSITES OR ADMISSIONS OFFICES THE APPLICATION MATERIALS REQUIRED AND THE APPLICATION DUE DATES.
You use our Services and the Content therein at your own risk. While we hope that you will get into the program of your dreams, we make no promises or guarantees as to the results when you rely on our information, advice, or templates. We are not liable under any circumstances, including, but not limited to, errors or omissions in the Services or Content, or any loss or damage of any kind, under any legal theory, incurred as a result of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Restrictions on Use
You may not do any of the following while accessing or using the Services: (i) reproduce, distribute, display, sell, publish, broadcast, or circulate the Content provided to you through the Service; (ii) remove, conceal, or alter any copyright notices contained in the Service or Content therein; (iii) access, tamper with, or use non-public areas of the Services; (iv) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (v) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Copilot (and only pursuant to those terms and conditions); (vi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (vii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by mail-bombing the Services in such a manner as to interfere with or create an undue burden on the Services.
All right, title, and interest in and to the Services and Content therein are and will remain the exclusive property of College Copilot and its licensors. The Subscriber shall not acquire any ownership rights in the Services or Content, except to the limited extent that the Subscriber may make derivative works pursuant to the limited license granted hereunder. Our Services and Content are protected by intellectual property rights, including, but not limited to, trademark and copyright and any other natural or statutory rights of the United States and foreign countries. We reserve all rights not expressly granted in these Terms.
In order to use the Content, you must have a license. When you subscribe to our Services we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content. This means that the Content is proprietary to Copilot and you may not sell, post, transmit, or use the Content in any way except in strict accordance with these Terms. Any other usage is strictly forbidden and is a violation of these Terms.
Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Ending These Terms and Your Subscription
You may end your legal agreement with Copilot at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You may cancel at any time through your account settings or by written notice to firstname.lastname@example.org. You will not receive a partial or prorated refund for the current billing period, but your Subscription will not be renewed and you will not be charged for the next billing cycle.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of College Copilot and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Copilot Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, COPILOT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU expressly waive all warranties as to the Services and the Content provided therein, whether implied by this or any other writing or representation, as well as all warranties provided by law. This waiver applies to all warranties of any nature, express or implied, including without limitation warranties of fitness for a particular purpose, or of merchantability, or otherwise.
Copilot Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Copilot Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Copilot Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COPILOT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COPILOT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COPILOT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COPILOT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of Copilot to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
If you have any questions about this Agreement, please feel free to contact us at email@example.com.