OKcollegestart.org Professional Center Terms of Use

Welcome to the OKcollegestart.org Professional Center (the “Site"), a site owned and operated by XAP Corporation ("XAP"). 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 periodically. 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: https://procenter.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.

DESCRIPTION OF SERVICES

OSRHE and XAP provide users with access to a collection of data and site management tools, including but not limited to, various reporting, organizing, messaging, transcript sending and search capabilities (the "Service"). OSRHE and XAP provide 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 or any content for any purpose 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 or 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 using this Site as a college planning and admission 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 Corporation. 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 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 Professional Center privacy policy. For more information, please review our full privacy policy for the Site here.

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 IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS. OSRHE AND XAP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THIS SITE AND ITS CONTENTS INCLUDING, BUT NOT LIMITED TO, 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 DOES 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 DOES 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 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 there from 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 Content.

MISCELLANEOUS

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, notwithstanding your actual state or country of residence. 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.

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