The effective date of these terms is when you register for an account with O's List.
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.
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.
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 firstname.lastname@example.org. 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.
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.
You agree that, you shall not (and you agree not to enable, encourage or allow any third party to) do the following:
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.
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.
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.
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.
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 email@example.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.
Last update effective as of November 28, 2017.