Terms and Conditions

This service is provided by Four Directions Educational Consulting Services LLC, a Minnesota Limited Liability Company (“Four Directions”). By using this service you represent that you are at least 13 years old and you agree to the following terms and conditions:

  1. The Service. Four Directions has complied and maintains a database of college related information for Native American students (the “Service”). The Service allows Authorized Users to search colleges, scholarships and college preparatory experiences using various criteria and save selected information to lists. “Authorized User” means an individual that has authenticated their identity and lawfully received password(s) to access the Service. By using the Service in any manner, you represent and warrant to Four Directions that you are an Authorized User.
  2. Payment. All payments will be made through the CollegeBound Journey website or as otherwise directed by Four Directions.
  3. Term. The term of service will begin upon receipt of payment in full for the Service and will continue for a period of one (1) year. Upon termination, access to the Service will cease.
  4. Grant of License. Subject to these terms, Four Directions grants to Authorized User(s) a non-exclusive, non-transferable, limited license to use the Service (1) in connection with their school or other counseling service for the paid number of Authorized Users; or (2) if an individual Authorized User for their personal use during the term of this Agreement.
  5. Restrictions. Administrators and Authorized Users agree that they will not:
    1. supply, sell, rent, sublicense, lease, use, access, copy, disseminate, distribute, circulate, publish, display, reproduce or otherwise exploit the Service except as specifically allowed in these terms;
    2. provide access to the Service or any portion thereof to any person, company or other entity, that is not an Authorized User;
    3. interfere with or disrupt the integrity or performance of the Service or the data contained therein;
    4. attempt to gain unauthorized access to the Service or its related systems or networks;
    5. remove or modify any copyright or trademark notice, or other notice of ownership; or
    6. access the service for the purpose of building a competitive product.
  6. Support. Four Directions will provide basic reasonable support to Authorized User at no additional charge during regular business hours.
  7. Authorized User Account Credentials and Responsibilities. Four Directions will provide each School or College Access Program paid account with one (1) designated administrator for the use of the Service with instructions for creating user IDs and passwords for the number of Authorized Users for which the Service has been ordered. Authorized Users are responsible for all activities that occur under an Authorized User’s account. Authorized User will: (i) comply with all applicable laws in using the Product; (ii) provide all hardware, software and telecommunications capabilities necessary to access and use the Service; and (iii) hold any user identifications and passwords for the Service in strict confidence. Authorized user will promptly advise Four Directions of any unauthorized disclosure or misuse of the Service or any user accounts with respect to the Service that comes to its attention and will cooperate with Four Directions in enforcing the restrictions and limitations set forth herein.
  8. Consent to the Use of Personal Information. Four Directions may collect information about you and your use of the Service as you access the CollegeBound Journey website and/or Service. You consent to our collection and use of this information as set forth in our Privacy Policy.
  9. Ownership. All right, title and interest in and to the Service, including but not limited to the copyright in the database used by the Service, is in and will remain in Four Directions.
  10. Representations, Warranties and Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, FOUR DIRECTIONS DISCLAIMS ALL IMPLIED REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOUR DIRECTIONS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE PRODUCT. FOUR DIRECTIONS MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SERVICE WILL MEET AUTHORIZED USER’S EXPECTATIONS OR REQUIREMENTS; OR (iii) ANY ERRORS IN THE PRODUCT WILL BE CORRECTED.
  11. Limitation of Liability. IN NO EVENT WILL FOUR DIRECTIONS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED AMOUNTS ACTUALLY PAID TO FOUR DIRECTIONS IN THE TWELVE MONTHS PRECEDING THE INCIDENT(S) GIVING RISE TO LIABILITY. IN NO EVENT WILL FOUR DIRECTIONS HAVE ANY LIABILITY FOR ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT FOUR DIRECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  12. General Provisions.
    1. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, any remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
    2. Force Majeure. Four Directions will be under no liability to an Authorized User for, and is excused from, any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including, but not limited to, governmental actions, fire, work stoppages, shortages, terrorism, civil disturbances, transportation problems, interruptions of power or communications, Internet service provider or hosting facility failures or delays involving third party hardware or software systems, denial of service attacks, acts of third parties outside of Four Directions’ reasonable control, or natural disasters.
    3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
    4. Governing Law. This Agreement will for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of the State of Minnesota without regard to its conflicts of laws rules. Four Directions and Authorized User hereby submit to the exclusive jurisdiction of state and federal courts located in Scott County, Minnesota.
    5. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit or addendum will prevail.