Terms of Use

College Degree Finder

Thank you for visiting CollegeAtlas.org (the “Site”), which is owned and operated by Digital Media Solutions Marketing, LLC, a Delaware limited liability company (“Digital Media Solutions,” “us,” “our” or “we”). The following CollegeAtlas.org Website Terms of Use (“Terms of Use”) shall incorporate and govern the CollegeAtlas.org Privacy Policy (“Privacy Policy”) and any and all other applicable Digital Media Solutions operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the “Agreement”). You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety when you: (a) access the Site; (b) register to download the free “Ultimate Guide to Going Back to College” e-book (“E-Book”) and/or access other content on the Site (collectively, “Content”); (c) access links to our social media pages on third party social media websites, such as Facebook®, Twitter® and YouTube® (“Social Media Pages”); and/or (d) submit a request form (“Application Services” and together with Site, Content and Social Media Pages, the “Digital Media Solutions Offerings”) to be contacted by one or more of the third party higher education institutions that are featured on the Site (“Schools”) regarding the higher education products and/or services offered by such Schools (“Education Services”). Please review the Agreement carefully. If you do not agree to the terms of the Agreement in their entirety, you are not authorized to use the Digital Media Solutions Offerings in any manner or form.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Digital Media Solutions is not in any way affiliated with Facebook, Google or Twitter, and the Digital Media Solutions Offerings are not endorsed, administered or sponsored by Facebook, Google or Twitter.

These Terms of Use are effective as of October 15, 2013.

1. Scope/Modification of Agreement
The Agreement constitutes the entire and only agreement between you and Digital Media Solutions with respect to your use of the Digital Media Solutions Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Digital Media Solutions Offerings. By your continued use of the Digital Media Solutions Offerings, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Digital Media Solutions Offerings shall be subject to the Agreement.

2. Requirements
The Digital Media Solutions Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Digital Media Solutions Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Digital Media Solutions Offerings.

3. Description of the Application Services and Education Services
The Digital Media Solutions Offerings provide users with an opportunity to: (a) apply for information pertaining to Education Services as offered by the Schools featured on the Site; and (b) be contacted directly by those Schools. Please be advised that Digital Media Solutions does not itself provide Education Services, and the ultimate terms and conditions of any Education Services provided by the Schools will be determined by those Schools. To obtain information pertaining to Education Services and/or request to be contacted by the Schools, you must first fully complete the application form located at the Site (“Site Form”). The information that you must supply on the Site Form includes, but is not limited to: (i) your full name; (ii) mailing address; (iii) home and mobile telephone numbers; (iv) email address; (v) age; (vi) gender; (vii) whether you are a U.S. citizen; (viii) preferred and alternate contact methods; (ix) highest educational level attained; (x) degree program requested/preferred area of study; (xi) when you will be available to begin your new education program; (xii) whether you prefer online or campus facilities; (xiii) whether you served in the military; (xiv) year graduated from high school; and/or (xv) any other information requested on the Site Form (collectively, the “Site Registration Data”). Digital Media Solutions’s use of the Site Registration Data shall be governed by the Privacy Policy. To access the Privacy Policy please Click Here.

Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you may be redirected to the website of a School. Digital Media Solutions may also transfer your Site Registration Data to the School in connection with facilitating the processing of your request for information from and/or to be contacted by, that School. The information that you must supply on any School’s online application shall be determined by the applicable School (collectively, the “School Registration Data” and, together with the Site Registration Data, the “Registration Data”). In addition, any information that you supply to any School shall be governed by that School’s privacy policy.

You understand and agree that Digital Media Solutions is not responsible or liable in any manner whatsoever for: (A) your use of, or inability to use and/or qualify for, the Digital Media Solutions Offerings, the Education Services or any other products and/or services offered by Digital Media Solutions or any School; (B) for any dispute between you and any School; or (C) any modification, suspension or discontinuation of any product, service or promotion offered by any School. If Digital Media Solutions terminates the Agreement for any reason, Digital Media Solutions shall have no liability or responsibility to you. You understand and agree that refusal to use the Digital Media Solutions Offerings is your sole right and remedy with respect to any dispute with Digital Media Solutions. The Agreement only governs your use of the Digital Media Solutions Offerings.

4. Social Media Pages
The Site contains links to the various Digital Media Solutions Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites. You understand and agree that Digital Media Solutions shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

5. Content
Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Digital Media Solutions Offerings including, without limitation, the E-Book. The Content is compiled, distributed and displayed by Digital Media Solutions, as well as third-party content providers (“Third-Party Providers”). Digital Media Solutions does not control the Content provided by Third-Party Providers that is made available by and through the Digital Media Solutions Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Digital Media Solutions does not represent or warrant that the Content and other information posted by and through the Digital Media Solutions Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Digital Media Solutions will not be responsible for, and Digital Media Solutions undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that Digital Media Solutions shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

6. Privacy Policy
Use of the Digital Media Solutions Offerings, and all comments, feedback, information, Site Registration Data or other materials that you submit through or in association with the Digital Media Solutions Offerings, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Digital Media Solutions Offerings, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

7. License Grant
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Digital Media Solutions Offerings and associated content in accordance with the Agreement. Digital Media Solutions may terminate this license at any time for any reason. You may use the Digital Media Solutions Offerings on one computer for your own personal, non-commercial use. Other than a single download of the E-Book, no part of the Digital Media Solutions Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Digital Media Solutions Offerings or any portion thereof. Digital Media Solutions reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Digital Media Solutions Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Digital Media Solutions infrastructure. Your right to use the Digital Media Solutions Offerings is not transferable.

8. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Digital Media Solutions Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Other than a single download of the E-Book, the copying, redistribution, publication or sale by you of any part of the Digital Media Solutions Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Digital Media Solutions is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the Digital Media Solutions Offerings. The posting of information or material on the Site by Digital Media Solutions does not constitute a waiver of any right in or to such information and/or materials. The “CollegeAtlas.org” name and logo, and all associated graphics, icons and service names, are trademarks of Digital Media Solutions Marketing, LLC. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.

9. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

10. Legal Warning
Any attempt by any individual, whether or not a Digital Media Solutions customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Digital Media Solutions Offerings, is a violation of criminal and civil law and Digital Media Solutions will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

11. Indemnification
You agree to indemnify and hold Digital Media Solutions, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Digital Media Solutions Offerings; (b) your breach of the Agreement; (c) any dispute between you and any School; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 11 are for the benefit of Digital Media Solutions, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

12. Disclaimer of Warranties
THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Digital Media Solutions MAKES NO WARRANTY THAT: (A) THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR EDUCATION SERVICES FROM ANY SCHOOL; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL MEDIA SOLUTIONS, THE SCHOOLS OR OTHERWISE THROUGH OR FROM THE Digital Media Solutions OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Media Solutions SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Digital Media Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE DIGITAL MEDIA SOLUTIONS OFFERINGS; (C) THE FAILURE TO QUALIFY FOR EDUCATION SERVICES FROM ANY SCHOOL; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE DIGITAL MEDIA SOLUTIONS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Digital Media Solutions AND THE SCHOOLS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Digital Media Solutions TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Digital Media Solutions. THE Digital Media Solutions OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

14. Third Party Websites

The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, School websites. Because Digital Media Solutions has no control over such third party websites and/or resources, you hereby acknowledge and agree that Digital Media Solutions is not responsible for the availability of such third party websites and/or resources. Furthermore, Digital Media Solutions does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

15. Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to conflict of law principles). Should a dispute arise concerning the Digital Media Solutions Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Digital Media Solutions and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Digital Media Solutions incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

16. Miscellaneous

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Digital Media Solutions Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

17. Contact Us
If you have any questions about the Agreement, the Digital Media Solutions Offerings or your dealings with the Site, please e-mail us at: [email protected]; or send a letter to:
Digital Media Solutions Marketing LLC
28100 US Hwy 19, Suite 204
Clearwater, FL 33761.