OKcollegestart.org Terms of Use
Effective as of June 27, 2024
Welcome to OKcollegestart.org (the "Site"), a site owned and
operated by XAP LLC ("XAP") (the "Site"). It is a third party site
under contract with the Oklahoma State Regents for Higher Education
("OSRHE") (collectively "we" and "us").
By using the Site and the Service (defined below), you agree to
the following terms and conditions ("Terms of Use"), which may be
updated by us from time to time. Your continued use of the Site
following the posting of any change to the Terms of Use means that
you accept and agree to abide by these terms as so changed. Please
review the Terms of Use from time to time, so you will be aware of
any changes. You can review the most current version at any time at
OKcollegestart.org.
As long as you abide by the Terms of Use, and for as long as the
Site is operational, OSRHE and XAP grant you a personal,
non-exclusive, non-transferable, limited license and privilege to
use this Site solely for your own personal, non-commercial use and
solely to set goals and plan for your future education and career
path.
Description of Services
OSRHE and XAP provide users with access to an extensive
collection of career and education planning and college preparatory
resources including but not limited to various applications,
planners, a portfolio and search capabilities through the Site (the
"Service"). OSRHE and XAP provide the Site and the Service "AS-IS"
and may modify or terminate the Site or the Service at any time. In
addition, should you use the Site and the Service for any propose
that is unlawful or prohibited by these Terms of Use, OSRHE and XAP
reserve the right to suspend or terminate your account and refuse
any and all current or future use of any portion of the Site or
Service.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, artwork and computer code contained
on the Site (collectively referred to hereafter as "Content") are
owned, controlled or licensed by or to OSRHE and/or XAP, and are
protected by copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws.
No part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, sold, distributed, or otherwise exploited
in any way, and you may not create derivative works based on or
derived from the Site or its Content, without OSRHE and/or XAP's
express prior written consent.
The editorial content of this Site is available for
informational and non-commercial uses only; provided, however, that
permission is granted to copy electronically and print in hard copy
portions of the Site for the sole purpose of applying to college,
sending Transcripts or using this Site as a career and education
planning and college preparatory resource. The editorial content
shall not be modified in any way, and all copyright and other
notices on any screen shall be retained.
XAP is a registered trademark of XAP LLC. Reg. U.S. Pat. &
TM Off. All other trademarks, product names, company names, and
logos appearing in the Site are the property of their respective
owners.
Privacy Policy
To access certain areas or features of the Site, you may be
required to establish an account on the Site and to provide OSRHE
and/or XAP with certain information about yourself. OSRHE and XAP
will maintain the privacy of your information in the manner and to
the extent set forth in the OKcollegestart.org privacy policy. For
more information, please review our full privacy policy.
Account, Password and Security
You will receive a password and username upon completing the
Site's registration process. You are responsible for maintaining
the confidentiality of the password and username and are fully
responsible for all activities that occur under your password and
account. You agree to notify OSRHE and/or XAP of any unauthorized
use of your account or any other breach of security. OSRHE and XAP
will not be liable for any loss or damage arising from your failure
to comply with this section.
Links to Other Sites
This Site may provide links to other World Wide Web sites or
resources. These external resources are provided as a convenience
to OSRHE and XAP users. OSRHE and XAP have no control over such
external resources, and OSRHE and XAP are not responsible for and
do not endorse the content of such external resources, including
any information or materials contained therein. You are responsible
for making your own independent judgment regarding your interaction
with these external sites or resources.
Disclaimer
YOU MAY USE THIS SITE AND ITS CONTENTS ONLY AT YOUR OWN AND SOLE
RISK. OSRHE AND XAP ARE PROVIDING THIS SITE AND ITS CONTENTS ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR
OTHERWISE. WITHOUT LIMITING THE FOREGOING, OSRHE AND XAP EXPRESSLY
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THIS SITE AND
ITS CONTENTS INCLUDING WARRANTIES OF TITLE, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT, AND ANY OTHER IMPLIED WARRANTIES ARISING OUT OF
COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, OSRHE
AND XAP DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. INFORMATION IS
SUBJECT TO CHANGE WITHOUT NOTICE. PORTIONS OF THE CONTENT OF THIS
SITE ARE PROVIDED AND UPDATED BY THIRD PARTIES. FURTHER, OSRHE AND
XAP DO NOT WARRANT THAT THE FUNCTIONS PRESENTED ON THIS SITE WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL ELEMENTS. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR COMPUTER AND
ASSOCIATED EQUIPMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR
OTHERWISE, OBTAINED BY YOU THROUGH THIS SITE, ANY OTHER WEBSITE
OPERATED BY OSRHE AND XAP OR ANY SERVICE ACCESSED THROUGH ANY SUCH
WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF USE.
APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless, and at OSRHE and XAP's
request, defend OSRHE and XAP and its agents, employees, directors
and officers from and against any and all demands, liabilities,
losses, costs and expenses (including reasonable attorneys' fees
and costs) made by any third party due to or in connection with
your use of this Site.
Limitation of Liability
Under no circumstances and in no event shall OSRHE and XAP and
those providing information or content to the Site, and their
respective agents, employees, directors, officers and licensors
(collectively "OSRHE and XAP Parties"), be liable, regardless of
the cause or duration, for any errors, omissions or other defects
in the Site, Service and/or the Site Content, or in the information
contained within the Site, for any delay or interruption in the
transmission thereof to you, for any malfunction of any service
offered on the Site, or for any claims or losses arising therefrom
or occasioned thereby. Under no circumstances and in no event shall
OSRHE and XAP Parties be liable for any direct, indirect,
incidental, special consequential, punitive, or exemplary, or
multiple damages arising out of or relating to your use of, or
inability to use, the Site, Service and/or the Site's Content.
Miscellaneous
These Terms of Service will be governed by and construed in
accordance with the laws of the State of California,
notwithstanding your actual state or country of residence and
without regard to any conflict-of-law provisions. By using this
Site you hereby consent to the exclusive personal jurisdiction and
venue of the Federal Courts of the United States of America or the
State Courts of the State of California located in Los Angeles
County, California.
Any feedback you provide at this Site shall be deemed to be
non-confidential. OSRHE and/or XAP shall be free to use such
information on an unrestricted basis.