Terms of Use


MYCCA.NET WEBSITE
Mycca.net is:

  • a subscription based system designed to assist in managing the college application process.
  • It includes a community program as a part of this system.
  • It is a product of Cyndy McDonald and Associates (CMA).


Following are the terms and conditions under which you may use mycca.net ("WebSite"). If you do not accept these Terms of Use, please do not use this website and service. By using this WebSite, you are indicating your acceptance of these Terms of Use, including all terms and condition for the use of the Web Site. These Terms of Use constitute the entire agreement between you and CMA with respect to the use of Web Site. These Terms of Use may amended at any time and from time to time, by a revised posting on this page. We do not undertake any obligation to otherwise notify you of such amendment. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.
USE AND ACCESS
The Site may be accessed and used by:

  • School districts, counselors or independent counselors who seek to provide information and organizational tools for managing the college application, admissions and funding process as they work with their students. In order to access the site, a user must obtain a valid password to access mycca.net subscription content from us.
  • K-12 or college students and their parents who are seeking assistance with the college admissions process and who have obtained a valid password to access the Site from school districts, counselors, independent counselors, or from us.


CONTENT PROTECTION
The contents of mycca.net and all other websites under CMA's control which are accessible through mycca.net (the Web Site and such other websites are collectively referred to as "mycca.net Sites," and individually a "mycca.net Site"), including all text, images, graphics, logos, links, button icons, software and other content (collectively, "Content"), are protected under both United States copyright, trademark and other laws. All Web Site Content is the property of CMA mycca.net, its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on mycca.net is the exclusive property of CMA and is also protected by United States copyright laws. Unauthorized copying or use of the Website Content (including its use on any other website) may violate copyright, trademark, and other laws. You are prohibited from using mycca.net in violation of any applicable foreign, domestic, federal or state laws, rules or regulations or in a manner that that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
POSTING LIMITATIONS
Users specifically acknowledge and agree that they may not:

  • Post or transmit Content that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful, tortuous or otherwise objectionable or that could constitute an incitement to unlawful conduct.
  • Impersonate any person or entity, including without limitation a CMA employee or agent, or an authorized user of CMA's services, or otherwise misrepresent your affiliation with any person or entity.
  • Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships
  • Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.


SITE SECURITY RULES
You are prohibited from violating or attempting to violate the security of mycca.net, including, without limitation,

  • intercepting or accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior express written authorization,
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any CMA Site, overloading, "flooding", "denial of service attacking", "spamming", "mailbombing" or "crashing",
  • sending unsolicited e-mail, including promotions and/or advertising of products or services
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.


SITE INTEGRITY RULES
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:

  • Accessing content, data, features or functionality on the Site for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access.
  • Deleting or revising any Content (including, but not limited to, legal notices) posted by CMA.
  • Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content available from the Site.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.



Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from CMA on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox).
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
  • You shall not copy or adapt the underlying HTML code that with respect to any portion of the Website or the content appearing therein.

Violations of system or network security may result in civil or criminal liability. CMA may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
CHILDREN UNDER THE AGE OF 13
This Web Site is not intended for children under the age of 13. CMA will not knowingly register or otherwise collect Personal Information from persons who identify themselves as being under the age of 13 during the registration process, without the prior consent of such child's parent or guardian. The safety and privacy of children is of ultimate importance to us. We are committed to comply with the requirements of all federal and state law, including the Children's Online Privacy Protection Act of 1998 ("COPPA"). For more information about COPPA, please visit the Federal Trade Commission's website.
WEB ACCESS PORTALS AND PASSWORDS
When you register at the CMA Site, you will be register as a user at a permission level designated as:
1. Independent Consultant
2. School Counselor
3. School District
4. Student

At each level, each user will be asked to create and then enter a password which will provide access to the CMA Site, services and an account. Each user is responsible for maintaining the secrecy of their password. Independent consultants, school or district counselors, and parents will have varying levels of access (known as permission levels) to a particular student's information. Parents, guardians, private college counselors or school or district counselors) may be able to access a student account through their own password, each such person will set their own password the first time they access a student account. Each user shall be responsible for all uses of a password, and the information available at their level of access, whether or not expressly authorized by the student. CMA may rely upon any instructions provided by any person accessing your account after inputing a password, including the release of Personal Information. In the event of a lost password, each user agrees that CMA may email such
password to the email address in our records and associated with the account. You agree that CMA shall not be liable for any misuse as a result thereof.
INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Any violation of these Terms of Use may result in the immediate denial of access to mycca.net Site and use of the CMA Services. CMA and our affiliated companies respect the intellectual property of others, and we request that our Users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other CMA Site to infringe the privacy or intellectual property rights of others in any way. We may terminate the accounts of any account holders, and block access to our Web Site and/or the other CMA Sites of any users, who improperly access or use the Personal Information of others or infringe on the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked. You are deemed to be responsible for all actions taken by persons to whom you grant access to your account.
INTERACTIONS WITH OTHER USERS
The CMA Site may initially and/or in the future contain chat rooms, public posting forums or one-to-one communication forums permitting direct communications with other Users (each a "Public Access Area"). Any information provided by you in these rooms or forum is deemed to be information available for public viewing, not subject to any disclosure restrictions or representations. We are not responsible for any information posted and/or viewed in such portions of our website.
The information and opinions expressed in materials posted in a Public Access Area are not those of mycca.net or CMA, and CMA makes no representations or warranties regarding such posted materials. Users should be aware that any information disclosed or posted in any Public Access Area is public, not a private communication. When you voluntarily disclose personal information in a Public Access Area, that information can be collected and used by others and may result in unsolicited messages from other people. You shall not submit, upload or post to a Public Access Area any content which:

  • libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
  • infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks;
  • falsifies or deletes author attributions, legal notices or other proprietary designations;
  • violates any law;
  • advocates illegal activity;
  • knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer, or
  • advertises or otherwise solicits funds or sales of goods or services.


CMA reserves the right to remove any content from any Public Access Area at any time and without notice. By posting any content in a Public Access Area, you automatically agree to indemnify CMA and its affiliates, members, officers, employees and agents, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these posting restrictions.
By posting in a Public Access Area any content authored or owned by you, you automatically
1. grant to all other Public Access Area participants, and any other person or entity affiliated with the Public Access Area, a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, and distribute the posted content for the limited purposes of discussion and commentary
2. grant to CMA and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purposes deemed appropriate by CMA.

NO WARRANTIES
The Web Site Content may contain inaccuracies or typographical errors. CMA makes no representations about the accuracy, reliability or completeness, of any CMA Site or the Web Site Content or the timeliness of any services therein provided. The use of the CMA Sites and the Web Site Content is at your own risk. Changes are periodically made to the CMA Sites. While we will endeavor to make these changes at a time least likely to interfere with your use of the Web Site, such changes may be made at any time. CMA DOES NOT WARRANT THAT ANY CMA SITE WILL OPERATE ERROR-FREE OR THAT ANY CMA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY CMA SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CMA IS NOT RESPONSIBLE FOR THOSE COSTS. THE CMA SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CMA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON DAMAGES
IN NO EVENT SHALL CMA, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CMA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CMA SITE AND THE WEB SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CMA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aggregate liability for CMA to you for all claims arising from the use of the Web Site or any CMA Site is limited to the sum of Five and 00/100 Dollars ($5.00).
THIRD PARTY CONTENT AND WEBSITES
The Software may contain third party copyrighted content which requires notices and/or additional terms and conditions. Such required third party content notices and/or additional terms and conditions are located at mediaonline.com and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
The Web Site and the other CMA Sites may now or in the future contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CMA of the contents on such third-party Web sites. CMA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites through a CMA Site, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any CMA Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless CMA, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from or resulting to your use of any CMA Site or your breach of these Terms of Use. CMA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
GOVERNING LAW
This Agreement shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Tulare County, California or the federal courts in the Eastern District of California to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
ENTIRE AGREEMENT
This Agreement, together with our Privacy Policy and any written license and services agreement or subscription agreement between you and CMA relating to the Site, constitutes the entire agreement between us with respect to your use of the Site and supersedes any previous oral or written arrangements or understandings relating thereto. In the event of any conflict or inconsistency between these Terms of Service and any written license and services agreement or
subscription agreement between us and any User, the provisions of the applicable license and services agreement or subscription agreement shall prevail.
WAIVER, ETC.
No waiver of any provision of these Terms of Service by CMA shall be effective unless in writing signed by an authorized representative of CMA. The waiver by TCC of a breach or violation of any provision of these Terms of Service shall not constitute a waiver by TCC of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of TCC to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by TCC. Any provisions of these Terms of Service that may be invalid shall not affect the validity of enforcement of the remaining valid terms of these Terms of Service.
Additional Terms of Use
Certain areas of this Website and the other CMA Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, CMA does not provide or make any representations, warranties or guarantees as to the quality or nature of any of the products or services purchased through Website or any other CMA Site. Any such representation, warranty or guaranty would be furnished solely by the provider of the product or service, under the terms agreed to by the provider.
2007 CMA. All rights reserved. CMA reserves the right to make changes in specifications and other information contained in this document without prior notice. The reader should in all cases consult CMA to determine whether any such changes have been made. Last Updated: October 5, 2007