O's List Terms of Use

The effective date of these terms is when you register for an account with O's List.

O's List, a part of O's List LLC., ("O's List", "we", "us", "our") offers you ("you", "user") a variety of tools and services to help you plan and manage your college application process. The following terms of service (the "Terms of Use") constitute a legal binding contract between you and O's List regarding your use of our website, www.oszlist.com, the chat service "The Sounding Board" or the mobile version of our website ( collectively the "Website"), the O's List and mobile applications available on mobile devices and/or tablet devices (the "Apps") and any information and services provided by O's List or displayed on the Website and/or App in connection with the college counselling services provided by O's List (the "Service").

Please read our Terms of Use and the Privacy policy before accessing or using any of the Website, App or Service.

BY ACCESSING THE WEBSITE AND/OR THE APP, REGISTERING WITH US, BROWSING ANY OF THE INFORMATION PROVIDED BY O's LIST AND BY CLICKING THE ACCEPT BUTTON/ICON, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND CONSENT TO BE BOUND BY OUR TERMS AND CONDITIONS AND GUIDELINES AS SET OUT IN THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE, APP OR SERVICE.

Eligibility

You must be 13 years of age or older, to be able to create an account on O's List and use the services of O's List. Please do not use O's List and its services if you are under the age of 13. In addition, you must be above the age of a minor to use The Sounding Board, O's List chat service for parents.

By accepting the Terms of Use and/or by using the Service, you represent that you have the capacity to be and agree to be bound by our Terms of Use and Privacy Policy.

Changes to the Terms

O's List reserves the right to amend or modify the Terms of Use at any time. The changes will be reflected in the Terms of Use. Your continued use of the Website, the App, or the Service after the modification of terms constitutes acceptance of the updated Terms of Use. Any new feature, app, service or enhancements, implemented after your initial access will be subject to the Terms of Use.

If you do not agree with the Terms of Use and our Privacy Policy please do not use the Website, App or Service. Please keep checking the Terms of Use periodically to acquaint yourself with any changes to the Terms of Use.

Account Registration

You will need to register on the Website or the App to access the full suite of Services. Registration is free. If parents choose to use the paid service The Sounding Board, a parent chat service provided by O's List, a further registration will be required.

During any registration process you will need to provide personally identifiable information. You acknowledge and agree that the information you provide to O's List upon registration and, at all future times, will be true, accurate, current, and complete. For more information about our privacy policies, please see our Privacy Policy which is hereby incorporated by reference in this Terms of Use.

You will need to establish a user account name and password ("Login Information"). You agree and understand that you are responsible for maintaining the confidentiality of your Login Information and you agree to accept responsibility for all activities that occur under your Login Information. O's List recommends that you change your password regularly and choose passwords that are hard to guess. Please maintain appropriate antivirus and anti-malware software on your computer, so that your Login Information is not compromised. You agree to notify us immediately if you learn of any unauthorized use of your account or suspect that your O's List account has been compromised by contacting support@oszlist.com. You are responsible for any losses to O's List and others if you have accessed your account from a compromised device and that compromise leads to any accidental breach of security for O's List.

Please see the Privacy Policy for further details about security measures adopted by O's List.

Use of the Site and App

You may use the Website, App and Service to build your or your student's college application list as well participate in auxiliary services that may be offered to you in regards to applying to a college. You MAY NOT use the Website, App and Service for any business or commercial purposes. You MAY NOT download, resell, reproduce, redistribute, retransmit, or publicly display ANY portion of the Website, App and Service. You MAY NOT reverse engineer any portion of the Website, App and Service. You MAY NOT modify any part of the Website, App and Service. Please read the following section carefully. It details all the conditions that O's List requires its users to read, acknowledge and agree in order to use the Website, App and Service.

Prohibited/Unlawful use of the Website, Apps and Services

You agree that, you shall not (and you agree not to enable, encourage or allow any third party to) do the following:

  • Use the Website, App or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law.
  • Use the Website, App or Service to conduct any illegal and/or criminal activities.
  • Use the Website, App or Service for ANY commercial purposes. The Website, Apps or Services are strictly for personal use.
  • Use the Website, App or Service unless you meet the eligibility requirements.
  • Modify, adapt, copy, duplicate, translate or reverse engineer any portion of the Website, App or Service.
  • Remove any copyright, trademark or other proprietary rights notices posted on the Website, App or Service.
  • Use any robot, spider, webcrawler, scraper, deep-link, any site search/retrieval application or other automated device, process or any other means to access, retrieve or index any portion of the Website, App or Service.
  • Gain unauthorized access to other accounts, servers or networks connected to the Website, App or Service, through hacking, password mining or any other means.
  • Use any hardware device, software program or routine or algorithm that interferes with the proper working of, or otherwise attempt to interfere with the proper working of the Website, App or Service.
  • Access, retrieve or index any part of the Website, App or Service for purposes of constructing or populating a searchable database of information.
  • Reformat, frame or place pop-up windows over any portion of the Website.
  • Add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies to hack the Website, App or Service.
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature on or through the Website, App or Service.
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features implemented by O's List.
  • Create user accounts by automated means or under false or fraudulent pretenses.
  • Impersonate any person or entity.
  • Forge headers or manipulate identifiers or any other data.
  • Use the Website, App or Service to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene.
  • Copy or store any content or information displayed by O's List for any use other than your own personal use.
  • Transfer and/or resell any of O's List services, data, and content.
  • Post or transmit any defamatory, profane, abusive, embarrassing, offensive, hateful, inflammatory, threatening, obscene, pornographic material nor incite any one to do so on O's List.

Unauthorized access to the Website, App or Service will be considered as a breach of these Terms of Use and a violation of law. You agree not to access the Website, App or Service by any means other than through the interfaces that we provide to you. Any illegal or unauthorized uses of the Website, App or Service will be investigated and subject to the appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

Ownership and Copyright

All the contents and data displayed on the Website, App are owned by O's List and its licensors. Contents include but are not limited to the data, information, graphics, visualizations, photographs, tables, look and feel of the website and the mobile/tablet apps, text, images, videos, tutorials, blog entries, alerts, notices, software, communications and any other content, which is protected by the copyright law of U.S., trademark and patent laws, intellectual property laws or subject to other proprietary rights. We grant you a non exclusive, limited, royalty-free license to use the Content owned and provided by O's List on and through the Website, App and Service, solely for your personal use as a help during the college application process. All rights not granted herein remain with O's List and its licensors. You do not have the right to any of our Content upon the termination of your O's List account. All product names and company logos, other than those of O's List, are the trademarks or service marks of their respective owners and are not subject to this license grant. As indicated in the above section, you may not copy, reproduce or create derivative works from, upload, transmit, distribute, share, republish any of the Content without our express written consent.

Content

O's List, provides content and/or user generated content through its conversations, blogs and/or other modes of articles. All statements and/or opinions expressed in any user generated materials, and all written, visual or any other form of articles and responses to questions and other content generated by any user are solely the opinions and the responsibility of the person or entity providing those materials. O's List does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. O's List is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. O's List has no obligation to monitor conversations or communications. At all times, O's List reserves the right to disclose any information regarding the conversations, or to remove any information or materials, in whole or in part, that in O's List sole and absolute discretion are objectionable. O's List believes in respectful communications. The communications between O's List and you will strictly adhere to the above section.

Any blog article, materials, conversations, communications O's List generated and/or user generated content is solely for information purposes. Any reliance that you place on such information is strictly at your own discretion and risk.

Disclaimer of Representation and Warranty

For the purposes of this section and the Limitation of Liability section, the term O's List indicates the limited liability coroporation O's List, LLC, its officers, and its employees. You acknowledge and agree to the above stated terminology.

THE WEBSITE, APP AND SERVICE PROVIDED BY O's LIST IS PROVIDED ON AN "AS IS", "AS AVAILABLE" and "WITH ALL FAULT" BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE WEBSITE, ITS OPERATION, THE SERVICE, SOFTWARE, THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, REFERENCE MATERIAL CONTAINED THEREIN. O's LIST EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

O's LIST WILL NOT BE LIABLE FOR THE ACCURACY, RELIABILITY OF ANY DATA, INFORMATION OR CONTENT. O's LIST IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM SITUATIONS BEYOND O's LIST CONTROL. O's LIST IS NOT RESPONSIBLE FOR ANY INTERNET OR TELECOMMUNICATIONS DISRUPTION OR FAILURE OR YOUR INABILITY TO ACCESS THE SERVICE OR THE SITE OR THE APP.

O's LIST IS NOT RESPONSIBLE FOR THE ACCEPTANCE NOR THE ADMISSION OF A STUDENT AT ANY UNIVERSITY OR COLLEGE OR SCHOOL. O's LIST DOES NOT MAKE ANY GUARANTEE OF ACCEPTANCE OR ADMISSION AT ANY UNIVERSITY OR COLLEGE OR SCHOOL.

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, FREE FROM VIRUSES OR ANY OTHER HARMFUL CONTENT OR THAT ANY PROBLEMS WILL BE CORRECTED.

O's LIST DOES NOT WARRANT THE QUALITY OR THE ACCURACY OR TIMELINESS OF ANY PRODUCTS, SERVICES, INFORMATION, OR THE DATA THAT IS PROVIDED BY FREE THIRD PARTY SOURCES SUCH AS THE DEPARTMENT OF EDUCATION, COMMON DATA SET AND/OR DATA PROVIDED BY ANY UNIVERSITY ON THEIR WEBSITE OR OTHERWISE.

O's LIST IS NOT RESPONSIBLE FOR ANY ERRORS THAT ARE DUE TO OMMISSIONS ON YOUR PART, OR ANY INACCURATE INFORMATION SUBMITTED BY YOU OR ANY MISREPRESENTATION ON YOUR PART.

O's LIST IS NOT RESPONSIBLE FOR ANY COLLEGE DECISIONS, ACCEPTANCES OR COMMUNICATIONS BETWEEN THE STUDENT AND THE UNIVERSITY OR COLLEGE OR SCHOOL.

YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICE OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/SERVER/MOBILE/TABLET OR LOSS OF DATA OR LOSS OF YOUR SETTINGS THAT RESULT FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE WEBSITE, APP OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

O's LIST SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, ANY BUSINESS INTERRUPTION, LOST OPPORTUNITY, ANY RESPONSE FROM ANY UNIVERSITY OR COLLEGE OR SCHOOL WITH REGARDS TO THE STUDENTS APPLICATION, ANY COLLEGE ACCEPTANCE DECISION, LOSS OF DATA OR INFORMATION. O's LIST IS NOT LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS, WHERE SUCH FAILURE RESULTS FROM CAUSES BEYOND OUR CONTROL. O's LIST SHALL NOT BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY INACCURACIES, ERRORS, DISCREPANCIES, IN THE DATA OBTAINED FROM ANY DATA SOURCE SUCH AS BUT NOT LIMITED TO THE DEPARTMENT OF EDUCATION DATABASE, COLLEGE BOARD, COMMON DATA SET, ANY DATA UPLOADED, OBTAINED, DERIVED FROM THE UNIVERSITIES/COLLEGES/SCHOOLS. DESPITE ANYTHING TO THE CONTRARY CONTAINED HEREIN AND EXCEPT AS PROHIBITED BY LAW, O's LIST MAXIMUM AGGREGATED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, APP AND SERVICE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO A PORTION OF ANY FEES COLLECTED FROM THE USER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN CATAGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold O's List and all its officers, directors, employees, agents, information and The Sounding Board providers and licensors harmless from and against any and all third-party claims, damages, liability and costs, debts, expenses (including attorneys' fees and costs/expenses) incurred by any of these parties that arise out of or are caused by your (i)use of the Website, App or Service, (ii) your violation of the Terms of Use, (iii) your infringement of any intellectual property rights or (iv) breach by any user of your account by way of your negligence in protecting your Login Information or (v) made by a third party arising from any material you contribute to O's List conversations you access via the Sounding Board service or oszlist.com. O's List reserves the right at your expense to defend and control any matter for which you have agreed to indemnify us. You agree not to settle any matter without the prior consent of O's List.

Terminating your Account with O's List

You may at any time terminate your account with O's List. Termination will be effective no later than 5 business days from the date on which the notice of termination is given. To terminate, please email support@oszlist.com and type "Account Cancellation Notice" in the subject line. After confirmation, we will remove all information pertaining to you including account and login information. We will only retain those portions of your information as required by the law.

We reserve the right to terminate your account if as determined by O's List in its discretion, (1) you are found to have breached any provision of the "Terms of Use" and the "Privacy Policy" (2) if you no longer agree to the terms and conditions set by O's List, or (3)you have acted in an unlawful manner.

Governing Law

This Terms of Use and any Service provided by O's List will be governed exclusively by the laws of State of California, without regard to conflict of laws.

Jurisdiction

You unconditionally agree to the exclusive jurisdiction and venue of state courts in the County of Santa Clara, California with respect to any arbitration, dispute or litigation arising from this Terms of Use or any of our services.

Severability

If any provision of this Terms of Use is found to be unlawful or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use. It shall in no way affect the validity or enforceability of any and all other provisions stated in this Terms of Use.

Miscellaneous

These Terms of Use may not be changed, waived or modified except by O's List as provided herein or otherwise by written instrument signed by O's List. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sub-licensable by you except with "O's List's" prior consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. O's List may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. O's List shall have no liability under these Terms of Use to the extent arising from any failure of O's List to perform any of its obligations under these terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within "O's List's" reasonable control. To the extent any provision herein is found to be invalid or unenforceable, such term shall be severable from the Terms of use and shall not impact the validity or enforceability of the other terms.

Last update effective as of November 28, 2017.