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Welcome to transcriptcenter.com ("website"). This website is owned and operated by the National Transcript Center ("NTC"). Your access to the website and use of the services and tools provided on the website is governed by the following Terms of Use Agreement (the "Agreement"), which may be amended by NTC from time to time at its sole and absolute discretion. The current version of the Agreement is always available at: http://www.transcriptcenter.com.
Please read the following terms and conditions carefully. By accessing the website or using any of the products and services provided on, or made available via the website, you agree to be bound by the then current terms and conditions of this Agreement, and your continued access to the website and/or use of such products/services constitute your acceptance of any additional or different terms and conditions added to this Agreement in the future. If you do not accept all of the terms and conditions of this Agreement, do not register on the website, purchase the products/services offered on the website or access any portion of the website which may be password-restricted. YOUR ACCESS TO THE WEBSITE OR USE OF ANY SERVICES ON THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. DESCRIPTION OF SERVICES
NTC makes available for purchase certain products/services, including the ordering, processing, and delivery of student records via the Internet or otherwise. Access to information and records and the completion of purchase orders concerning the products/services is password restricted to persons who: (i) are at least 13 years old, (ii) register with NTC, and (iii) accept and abide by all of the terms and conditions of this Agreement ("Registered Users").
Unless explicitly stated otherwise, any new features that augment or enhance the current products/services, including the release of new NTC products, services, tools or properties directed at Registered Users or visitors of the website, shall be subject to this Agreement. NTC is under no obligation to update the website, the products/services or any information or data contained on the website or used in connection with the products/services. NTC reserves the right at any time and from time to time to modify, discontinue or suspend, temporarily or permanently, its offering of the products/services (or any part thereof) without notice or liability to you or any third party.
2. YOUR REGISTRATION OBLIGATIONS
By completing the registration process, you represent that you are at least 18 years old, or otherwise qualify as an eligible person under the Family Education Rights and Privacy Act ("FERPA"). You also agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form and maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NTC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NTC has the right to suspend or terminate your account and refuse any and all current or future use of all or any of the Services.
3. NTC PRIVACY POLICY
All information about you including your registration information and any information stored or transmitted in any way on the website is subject to our Privacy Policy, located at http://www.transcriptcenter.com.
4. REGISTERED USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password protected Registered User account and a user ID upon completing the registration process. You agree to: (i) maintain the confidentiality of your password, (ii) take full responsibility for all activities by users accessing the website or the products/services through your account(s) (including, without limitation your Registered User account, if applicable), (iii) immediately notify NTC of any unauthorized use of your account or any other breach of security that you become aware of, and (iv) ensure that you exit from your account at the end of each session. Failure to exit you're your account can enable the next user of the computer to access and modify information in your account. NTC is not responsible for any loss or damage arising from your failure to comply with these requirements.
5. CONTENT, USE OF WEBSITE
You, and not NTC, are solely responsible for all the information, data, text, messages, emails or other communications or materials ("content") that you create, link to, transmit or receive by any method on or through the website. You acknowledge that except as may be set forth in a separate written agreement between NTC and you, NTC does not pre-screen content posted on the website or transmitted through the products/services and is not obligated or responsible to verify the accuracy, reliability, timeliness, or appropriateness of such content. Without limiting the foregoing, you also agree that NTC may in its sole discretion refuse to post, store or transmit any content submitted by you, or move, remove, edit or modify any content on the website as NTC deems appropriate.
You will not use the website and/or the products/services to:
(a) access, store or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity including, without limitation, any NTC employee, agent, or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) access, store or transmit any content that you do not have a right to collect, use, store or transmit under any law or under any contractual or fiduciary relationships (including, without limitation, academic and transcript information and data and other confidential information);
(d) access, store, or transmit any content that infringes any intellectual and/or industrial property rights of any kind anywhere in the world of any third party;
(e) store or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(f) access, store or transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the website, the products/services or any servers or networks connected to the website or used with the products/services, or disobey any requirements, procedures, policies or regulations of any networks connected to the website or used with the products/services; or
(h) violate any applicable local, state, national or international law including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any other regulations having the force of law.
6. REGISTERED USER CONDUCT AND USE OF THE WEBSITE
NTC takes the safety and security of its Registered Users and online visitors very seriously. If NTC believes that a Registered User of any account or visitor to the Website is harassing, deceiving, harming or otherwise endangering the physical or emotional well-being of any other person directly or indirectly through the Website or the Services, NTC (in its sole discretion) may notify the appropriate law enforcement authorities and cooperate to the full extent requested by such authorities in their investigation of such allegations and in any resulting criminal actions, or at NTC's sole discretion, at the request of third parties in any resulting civil action. Such cooperation may include, without limitation, the disclosure of personally identifying information and/or private communications transmitted through the website.
7. INDEMNITY
You agree to indemnify, defend and hold NTC (and its parents, subsidiaries, affiliates, officers, directors, shareholders, agents, partners, customers and employees) harmless from any claim, demand, suit, damages, losses and costs (including reasonable attorneys' fees) made by any third party due to or arising out of (i) your violation of this Agreement or (ii) your violation of any law or the rights of any person or entity arising out of or related to the use of the website or products/services. NTC reserves the right to assume the exclusive defense and control of any such claim, demand or suit.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that NTC may from time to time establish and modify in its sole discretion general practices and limits concerning use of the products/services including, without limitation, the order form procedures, document delivery options, and timeliness guarantees (if any). You agree that NTC reserves the right to log off Registered User accounts that are inactive for an extended period of time at its sole discretion.
9. TERMINATION
You may terminate your Registered User account at any time for any reason by sending an email to NTC at customerservice@transcriptcenter.com requesting such termination. You agree that NTC, in its sole discretion and without notice or liability to you or any third party, may terminate your Registered User account if NTC believes that you have violated or acted inconsistently with any term of this Agreement. Termination of this Agreement will not relieve you of any liabilities or obligations accrued on or before the date of termination, or limit any other remedies available to NTC arising out of your breach of this Agreement. Your indemnification obligations under Sections 7 and 12 will continue after any termination of this Agreement.
10. DEALINGS WITH ADVERTISERS
From time to time, NTC may enter into agreements with third-party advertisers to advertise and promote their goods and/or services on the website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NTC shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of any advertisers on the website.
Depending on the options selected by you in your Registered User account profile (which may be changed by you at any time), such third party affiliates of NTC may, from time to time, send email messages to you containing advertisements and promotions. NTC makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that NTC will not have any responsibility or liability with respect thereto.
11. LINKS
The website contains links to other websites and resources. NTC does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such websites or resources. You agree that NTC is not responsible and will have no liability for any reliance by you or other visitors and Registered Users in any way on the content on such websites or any other content linked to such websites. You further agree to indemnify, defend and hold NTC (its parents, subsidiaries, affiliates, officers, directors, shareholders, agents, partners and employees) harmless from and against any claim, demand or costs (including attorney's fees and expert witness fees) made by any third party arising out of or relating to your linking to or use of any third-party content.
12. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
NTC, its affiliates and licensors retain all right, title and interest in and to the website, the products/services, all content provided on the website (excluding third party content, if any), and the business process, procedures, methods and techniques used on or in connection with the website and the products/services, and all patent rights, copyrights, trademark rights, trade secret rights and other proprietary rights therein or related thereto ("Intellectual Property"). You may not modify, publish, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Intellectual Property, in whole or in part, except as expressly permitted in this Agreement or with the prior written consent of NTC.
Subject to any third-party license restrictions, you may copy and create derivative works of the content displayed on the website solely for your personal, non-commercial, educational use, provided that you do not remove any trademarks, copyright notices or any other notice contained in such content.
You agree not to modify any website content, or website or product/services object code or source code in any manner or form, or to use modified versions of such content or code for any reason including, without limitation, for the purpose of obtaining unauthorized access to the products/services. You agree not to access the products/services by any means other than through the interface that is provided by NTC for use in accessing the products/services.
The use of any NTC (or any NTC affiliate or licensor) trademark or service mark without NTC's (or the appropriate owner's) express written consent is strictly prohibited.
13. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NTC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AS TO THE WEBSITE AND ITS CONTENT, AND THE SERVICES.
(b) NTC AND YOU, NTC MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE, TIMELY OR COMPLETE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED.
(c) EXCEPT AS MAY BE SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN NTC AND YOU, NTC IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR: (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN NTC, (II) DAMAGES OF ANY KIND THAT RESULT FROM THE DOWNLOADING OF ANY DATA, PROGRAMS OR ANY OTHER MATERIALS ON THE WEBSITE OR THROUGH THE SERVICES, OR (III) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NTC NOR ITS AFFILIATES WILL BE LIABLE WITH RESPECT TO ANY MATTER OF THIS AGREEMENT UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR: (I) ANY AMOUNT IN EXCESS OF TWENTY-FIVE U.S. DOLLARS ($25), (II) ANY LOST DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NTC OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE COST OF PROCURING SUBSTITUTE SERVICES .
15. EXCLUSIONS AND LIMITATIONS
IF ANY OF THE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH IN SECTIONS 13 AND 14 ARE FOR ANY REASON HELD TO BE INVALID OR UNENFORCABLE, THIS AGREEMENT AND THE BALANCE OF THE PROVISIONS HEREOF SHALL NONETHELESS REMAIN IN EFFECT.
16. GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and NTC, superseding any prior agreements between you and NTC. This Agreement is governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. The failure of NTC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
17. VIOLATIONS
Please report any violations of this Agreement to our Customer Service department at customerservice@transcriptcenter.com.
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