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.


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