CTS, Inc. College Family Care Center
End User Agreement
1. CTS Services
Any unprotected e-mail communication over the Internet, as with communication via other mediums (e.g. cellular phones), is not secure or confidential and is subject to possible interception or loss as well as possible alteration. Any confidential, proprietary, personal, or sensitive information, including social security numbers, logins, dates of birth, data forms, or tax forms, should be submitted to the CTS College Family Care Center by logging in to your student's website application at File My College Info website. The CTS College Family Care Center cannot be held liable for any damages in connection with information send via unsecured e-mail or any other unprotected means. We use secure internet connections (where indicated) to ensure that no client data is intercepted by outside parties when it is sent to us using our secure web site. It is user's responsibility to ensure that they have achieved a secure connection (e.g., presence of a padlock icon) and that their web browser is capable of connecting via our website's SSL encryption. The CTS College Family Care Center will not be held responsible for the results of any interception, sabotage, changed regulations, or other causes beyond our control.
1.1 CTS is engaged in the business of providing filing software via its website and browser extension. Under this Agreement, CTS provides you with certain financial aid planning and filing software Services; CTS does not grant you a license to any software under this Agreement. You will use the Services only for your personal use only and you will not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
1.2 To use the Services, you must provide complete and accurate information on the registration form and or on the pricing page. As part of the registration process, you will identify a primary e-mail address for your CTS website account. CTS reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. You are responsible for maintaining the security of your account, passwords and files, and for all uses of your account and of the Services in your name.
1.3. CTS may, from time to time and at its sole discretion, enhance and otherwise change the hardware, software and/or system used for college financial aid filing software.
2.2 Personal Information. You will be solely responsible for providing to CTS all information relevant to filing of financial aid forms.
2.3 Client Information. CTS does not sell, rent or otherwise make data regarding your information available to third parties unless you have asked CTS to do so.
3.1 Fees for Direct Users. The current schedule of fees for use of the File College Info web site is set forth in the pricing page. CTS may revise such fees from time to time, provided that the revised fees will be effective only with regard to services that you request after initially licensing the Financial Aid Filing Software.
3.2 Payment from Direct Users. You must pay CTS in advance for the use of the File College Info web site. All fees are non-refundable; you acknowledge and agree that you will not be entitled to receive any refund and/or credit in connection with any prepaid fees.
4. Term and Termination
The initial term of this Agreement will commence upon the Effective Date and, unless earlier terminated as provided herein, continue for one (1) year. Either party may terminate this Agreement at any time upon the material breach of the other party if such breach remains uncured for 15 days following notice to the breaching party.
5. Representations, Warranties, Covenants; Disclaimers
5.1 CTS represents and warrants that it will use commercially reasonable efforts in providing all Services. CTS does not, however, guarantee continuous or uninterrupted financial aid filing Services; in the event of interruption to the Services, CTS’s sole obligation will be to restore service as soon as reasonably possible.
5.2 Disclaimer. Other than as expressly stated in Section 5.2, CTS provides all services "AS IS" and without any warranty of any kind. You acknowledge that, except as expressly provided herein, CTS has not made any representations, warranties or covenants, express or implied, regarding the financial aid filing services, including any implied warranty of Merchantability, Title, Non-Infringement or Fitness for a Particular Purpose or implied warranties arising from course of dealing or course of performance.
6. Intellectual Property; Confidentiality
6.1 As between yourself and CTS, CTS is and will remain the sole and exclusive owner of all right, title and interest in and to Services and all intellectual property rights embodied therein. You will not, directly or indirectly: reverse engineer; decompile; disassemble; or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Services or any software, documentation, or data related to the Services ("Software"). If you are using the Services in any country in the European Community, the prohibition against reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
6.2 "Confidential Information" means information disclosed, furnished, communicated or otherwise made available by one party to the other concerning technology, know-how, product development plans, business plans, pricing, subscriber count, subscriber identity and subscriber data, whether communicated verbally or in writing; however, Confidential Information does not include any information that (a) can be shown was already known to the receiving party at the time of disclosure, (b) is independently developed by the receiving party without any use of or reference to the disclosing party’s information, (c) is provided to the receiving party by a third party without violation of the disclosing party’s rights or (d) is already in or enters into the public domain by some action other than breach of this Agreement. Each party agrees, for the term of this Agreement and 3 years thereafter, to hold the other party’s Confidential Information in strict confidence, not to disclose such Confidential Information except as authorized by the disclosing party and not to use such Confidential Information except as permitted hereunder. The prohibition on disclosure will not apply to the extent that Confidential Information is required to be disclosed as a matter of law or by order of a court, provided that the receiving party uses reasonable efforts to provide the disclosing party with prior of such requirement and reasonably assists in obtaining a protective order therefore. Confidential Information of a party is and will remain the property of such party, notwithstanding any permissible disclosure under this Agreement.
7.1 Obligation. Each party will defend, indemnify and hold harmless the other party and its directors, officers, agents and employees for any and all losses, damages, costs, liabilities or expenses, including without limitation reasonable attorneys’ and expert witnesses’ fees (collectively, "Liabilities"), incurred or arising from any breach of such party’s respective representations, warranties or covenants in Section 5. You further agree to defend, indemnify and hold harmless CTS, its directors, officers, agents and employees for any Liabilities incurred or arising from any claims arising from the sale or license of goods or services in connection with any E-mail Distribution.
7.2 Mechanics. All defense and indemnity obligations are contingent upon the indemnified party: (a) providing prompt notice to the indemnifying party of any claim, action or proceeding giving rise to an indemnifiable event; (b) granting sole control of the defense and/or settlement negotiations to the indemnifying party (except that the indemnified party’s prior written consent will be required where any settlement reasonably can be expected to require a material affirmative obligation of, or result in any ongoing material liability to, the indemnified party); and (c) providing reasonable cooperation and, at the expense of the indemnifying party, assistance in the defense or settlement.
8. Limitations on Liability
Except for each party’s obligation assumed in Section 7, in no event will either party be liable for any special, indirect, incidental or consequential damages (including but not limited to such damages arising from breach of contract or warranty or from negligence or strict liability), or for lost data or interrupted communications arising out of or in connection with this Agreement. Except for each party’s obligation assumed in Section 7, under no circumstances will either party be liable to the other for an amount greater than the amounts paid by you to CTS under this Agreement.
9. General Provisions
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to principles of conflict of laws. Each party agrees to submit to jurisdiction in Pennsylvania. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force. The waiver by either party of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach. CTS may subcontract all or a portion of its responsibilities hereunder. If the performance of this Agreement or any obligation hereunder, except the making or payments, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected will be excused from such performance to the extent of such prevention, restriction or interference. The parties to this Agreement are independent contractors; no agency, partnership, joint venture or employee-employer relationship is created by this Agreement. Any notices will be given to the appropriate party at the address specified on the first page or at such other address as the party has specified in writing. Such notice will be deemed given in the following circumstances: if sent by personal delivery, upon such delivery; if sent by telephone facsimile or electronic mail, upon confirmation of delivery; if sent by national carrier, 2 days after date of delivery to such carrier; or if sent by certified or registered mail, postage prepaid, 5 days after the date of mailing. This Agreement, including the attached exhibits, sets forth the entire agreement of the parties and supersedes any other communications between the parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both parties.
Please see CTS’s Terms and Conditions governing the use of this Web Site. Why does CTS need personal information? CTS needs your data to perform its services: your personal account information (the "Account Information"). We do not share, sell or rent your Account Information with anyone without your advance permission or unless ordered by a court of law, provided, however, that we may provide such Account Information, without your advance permission, to (a) a contractor in connection with our provision of services to you or (aa) a party with which we merge or to whom we sell all or substantially all of our assets. Information submitted to us is only available to employees and licensees managing this information for purposes of contacting you or sending you e-mails for information and to contracted service providers for purposes of providing services relating to our communications with you.
At the Users request, Account Information will be deleted. In addition, in order to provide our Users with a more personalized, relevant and intelligent service, CTS regularly improves this Web Site and the collection of certain personal data (the "Personal Data") greatly assists CTS in this improvement process by identifying the needs of the many Users to this Web Site. Although CTS’s primary goal in collecting Personal Data is to deliver a customized and personalized service to you, with permission, CTS also uses the Personal Data it collects to send Users e-mail notification of new features or information available through the Web Site or that CTS otherwise feels might be of interest to Users of this Web Site.
What does CTS do to keep this Web Site secure? CTS has implemented a number of security features throughout the Web Site designed to prevent the unauthorized release of or access to personal information. For example, CTS grants access to any stored personal information CTS may collect on its Users only to authorized personnel. Moreover, when a User registers on-line or accesses his or her account information through this Web Site, CTS offers the User the ability to use a secure server. The secure server encrypts all information a User inputs before it is sent to CTS. Please be advised, however, that although CTS has endeavored to create a secure and reliable Web Site for its Users, the confidentiality of any communication or material transmitted to/from CTS via this Web Site or E-mail cannot be guaranteed. When disclosing any personal information, all Users should remain mindful of the fact that it is potentially accessible to the public, and consequently, can be collected and used by others without User consent.
Accordingly, Users should recognize that their use of the Internet and this Web Site is solely at their own risk. Users, alone, are ultimately responsible for maintaining the secrecy of their personal information. CTS has no responsibility or liability for the security of personal information transmitted via the Internet. CTS urges all of its Users to be careful and responsible whenever they are on-line. What about the collection of personal information from children? This Web Site is not primarily intended for individuals under the age of eighteen (18) ("children"). Accordingly, CTS will not knowingly collect or post information from children without parental or guardian consent. Moreover, CTS will not knowingly collect or use any personal data collected from children for any purpose whatsoever, including disclosure to any third party.
Parents and/or their financial advisor must provide CTS with all required information in order to complete services. Parents and their financial advisor are both given a unique user name and password to the File My College Info website. All student and parent data required to complete services must be submitted on their student's website application via the secure FCI website. Once their student's website application has been completed, their parent or financial advisor must use the Approve and Submit feature of the website to indicate that the information submitted is true, accurate, and complete. Failure of the parent and/or their financial advisor to comply with requests for missing information, to provide accurate and complete information, or to provide information in a timely fashion by our stated timeframe or required deadline dates to will void all liability of CTS for any loss of aid. Parents and their advisors are encourage to Approve and Submit every time they make any change to their student's website application. To prevent the misreading and transfer of client information, data cannot be accepted via paper for manual transcription. Parents therefore authorize CTS to apply for and disperse their information to educational institutions in order to apply for financial aid as required by their selected educational institutions. It is the responsibility of the parent and their financial advisor to provide accurate, timely, and complete information to CTS.
The submission of information by CTS does not necessarily qualify a student for financial aid. Financial aid eligibility is determined by each student's particular financial situation, the decisions of schools, lenders, other educational/scholarship institutions, as well as the US Department of Education. CTS makes no statements, claims, or guarantees concerning qualifications for financial aid.
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