Terms of Use

CAP and GOWN is providing this website (www.capandgownproject.org; or the “Site”), as an information service. By accessing the Site, or using the information, tools, and features located on it, you accept and agree to be bound by these Terms of Use as they may be amended from time to time. It is your responsibility to be aware of, and to observe, these Terms and all applicable laws and regulations of any relevant jurisdiction. You also represent that you are legally competent in your home jurisdiction to agree to these Terms.

Subject to these Terms, you may access, view, use, and display the Site and Site Content on your computer or other Internet-capable device for your own, noncommercial purposes, if you comply fully with these Terms. You may not copy or display for redistribution to third parties any portion of the Site or the Site Content (as defined below) without our prior written permission.

We may terminate, change, restrict, suspend, or discontinue any aspect of the Site, or your access to it, at any time without notice or liability to you. We may also change these Terms at any time without notice or liability to you, so you should check these Terms before you use the Site.

 Information Provided to the Site by Users

We welcome user input to our site, including applications to attend our college tours, ACT tutoring and instruction, blog posts, and other information. However, any information or materials that you consider confidential should not be submitted to the Site. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential and will not be returned or safeguarded. We reserve the right to turn down applications or posts at our discretion. We are not limited or restricted in any way from pursuing opportunities with others.

Any communication to the Site including without limitation, comments, messages, uploaded files, or inputted data (individually or collectively "Communications") to the Site, you represent and warrant that you own or have all rights necessary to share the Communications with us as described in these Terms. You also hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit the Communications, in all media now known or developed in the future. You hereby waive all rights to any claim against us for royalties or other payments or for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the Communications. If you claim rights in any Communications that you feel were not properly submitted to us, please contact us as set out below.

Our personal information collection, storage, and use policies with respect to the Site are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes.

Information Provided by the Site

We make no representations or warranties that any information contained on the Site is accurate or that information on the Site is current. The Site may contain information created and published by institutions or organizations independent of the Site. We do not endorse, approve, certify, or control these materials. In addition, we do not guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness, or correct sequencing of information in any material on the Site. Use of that information is voluntary, and you should rely on it only after an independent review of its accuracy, completeness, efficacy, and timeliness. Finally, reference in the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply our endorsement, recommendation, or favoring.

Third-Party Sites

We may provide links from the Site to websites operated by other entities, including websites of college and universities and websites that publish blogs or articles written about, or written by, CAP and GOWN Project personnel. We make no warranty or representation regarding any material or information in websites linked to or from the Site or any of the products or services described or offered for sale on those websites, and we do not endorse or accept any responsibility for the information, material, products, or services offered on those websites. The content published in blogs written by our personnel does not necessarily represent our positions, strategies, or opinions, regardless of whether or not we provide links to these blogs on the Site. Links do not imply that any linked website is authorized to use any trademark, service mark, trade name, logo, or copyrighted property of the CAP and GOWN Project or any of our affiliates.

Intellectual Property

We own (or have licensed) all rights, title, and interest in and to the Site, all the content (including without limitation all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials available on the Site (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content. Your use of the Site does not grant to you ownership or title of, in, or to any Site Content or any other part of the Site.

Assumption of Risk and Disclaimer of Warranties

Your use of the Site and Site Content is at your sole risk. Neither the Site, nor any of its directors, officers, employees, agents, or content or service providers, warrant that use of the Site will be uninterrupted or error free. In addition, although the information provided to you on the Site is obtained or compiled from sources we believe to be reliable, neither we nor any of our directors, officers, employees, agents, or content or service providers make any warranty as to (i) the results that may be obtained from your use of the Site or Site Content, (ii) the accuracy, currency or completeness of the information on the Site, or (iii) the reliability of any advice, opinion, statement, or other materials displayed on, or distributed through, the Site.

The information, products, and services on the Site are provided on an "AS IS" and "AS AVAILABLE" basis. We hereby disclaim any and all representations, warranties, and conditions, whether express or implied, including without limitation those of non-infringement, merchantability, and fitness for a particular purpose.

Limitation of Damages

In no event, including without limitation negligence, are we, or any of our directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or Site Content, your provision of information or content via the Site, lost business or lost sales, even if a Protected Entity has been specifically advised of the possibility of those damages.

Administrative Terms

These Terms represent the entire agreement between you and us with regard to the Site. These Terms and our relationship with you are governed by the laws of the State of Alabama, without regard to its conflict-of-law provisions. Any cause of action that may arise under these Terms must be brought in the appropriate court in the State of Alabama, and you submit to the personal, sole, and exclusive jurisdiction of the courts located there. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and the other provisions of these Terms remain in full force and effect.

Information for Donors

            Cap and Gown Project is a section 501(c)(3) nonprofit. As required by the Internal Revenue Service (IRS), Cap and Gown Project exercises exclusive legal control over donations you make via the Site and all donations are final and nonrefundable. You are solely responsible for complying with applicable state and federal law including IRS regulations.

Contact Us

We welcome your questions and comments about these Terms. Please feel free to contact us by sending an email to capandgownproject@gmail.org.