FLIPPEDAPP™ TERMS AND CONDITIONS
Effective Date: September 8, 2023
Welcome to FlippedApp!
- As a student user, you agree to use this platform to accurately represent yourself to colleges and universities for the purpose of discovery, discussion, application, and enrollment.
- As a college or university user, you agree to use FlippedApp to seek out, connect with, discuss, and encourage applications and enrollments.
- As a parent, counselor, or college advisor you agree to use FlippedApp to assist, monitor, and supervise students in their use of the platform.
- Other uses are expressly prohibited.
A. Acceptance of the Terms.
- Acceptance of the Terms. Your access to and use of FlippedApp is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, registered users, and others who intend to access or use FlippedApp. By accessing and using FlippedApp, you agree to be bound by these Terms, without limitation or qualification. If you do not agree with any provision of the Terms, then you do not have permission to access or use FlippedApp. Use of the content, services, and/or products presented in any and all areas of FlippedApp constitutes your agreement that you will not use FlippedApp for any unlawful purpose and that you will abide by the following terms and conditions and those posted in specific areas of FlippedApp. This agreement between you and the Company (hereinafter, the “Agreement”) is effective until terminated by the Company and may be terminated or changed by the Company at any time without notice.
- Profile and Account Information. By setting up or registering for a personal profile with FlippedApp, you agree to receive notices and information about your account and related updates electronically. You must have the ability to receive and retain electronic communications before you accept these Terms and in order to create a profile or an account. Electronic communication will be the primary or sole form of communication to notify you about account updates, privacy changes, and information about your account. If you are a user or subscriber to FlippedApp, you must enter a valid and active e-mail address at the time of registration and profile set-up in order to receive notifications about your account. Failure to do so as well as any consequences that arise as a result of not maintaining a valid or active e-mail address with profile and account will be solely your responsibility. The Company reserves the right to provide information about your account or our service by non-electronic means, at our sole discretion.
B. Children’s Privacy and Use of FlippedApp.
- COPPA. Our FlippedApp is not intended for nor targeted toward children under the age of thirteen (13). The Company does not knowingly collect personal information as defined by the United States Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if the Company learns that it has collected such information, the Company will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use FlippedApp and should not send any information about yourself to us through FlippedApp.
- Use of FlippedApp by Adults. FlippedApp is designed and intended for use by adults. If you are under 18, you may use FlippedApp only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this FlippedApp by children, minors and others under your care. You agree to be responsible for their use of FlippedApp. By using FlippedApp, you represent and warrant that you are lawfully able to enter into contracts. If you do not meet all of the Company’s eligibility requirements, you must not access or use FlippedApp.
- Indemnification by User. You agree to defend, indemnify and hold harmless the Company and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of your use and access to FlippedApp, or any breach of these Terms by you.
D. Limitation of Liability.
- Exclusion of Consequential and Related Damages. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COSTS OF COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Other Damages and Sole Remedy. The Company shall not be liable for damages or injury caused in whole, or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise in producing and publishing FlippedApp or any information contained in FlippedApp or linked by or to FlippedApp. If you are dissatisfied with any of FlippedApp’s material or services, or with any of FlippedApp’s terms and conditions, your sole and exclusive remedy is to discontinue use of FlippedApp.
- Company Aggregate Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS FLIPPEDAPP EXCEED $100.
E. Company Disclaimer and Warranties.
- Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF FLIPPEDAPP, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH FLIPPEDAPP IS AT YOUR OWN RISK. FLIPPEDAPP, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH FLIPPEDAPP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Disclaimers. FlippedApp is designed to provide users with information to choose schools and understand the school systems. The information included on FlippedApp is provided for convenience and is to be used for informational purposes only. Some information contained on FlippedApp may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. The Company does not guarantee the accuracy or completeness of any information on FlippedApp. As such, the Company will not be responsible for any errors, inaccuracies, omissions or deficiencies in the information provided on FlippedApp. This information is provided “as is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and is provided without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of this information and further accept that the Company is in no way responsible for any consequences whatsoever to anyone arising from your use of any information contained within or linked from or to FlippedApp. Before making decisions based on the information contained on FlippedApp, the Company strongly recommends that you do your own due diligence and review the information to confirm its accuracy and completeness. The Company does not guarantee or warrant that content available for downloading from the internet or FlippedApp will be free of viruses or other destructive code. You are solely responsible for your use of FlippedApp and your computer, internet and data security.
F. User Representations.
- Compliance with Laws. In connection with your use of FlippedApp, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement.
- Content. You are responsible for the content of any information that you submit to FlippedApp. You represent and warrant that no materials of any kind submitted to FlippedApp by you will violate or infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise contain any unlawful material. The Company reserves the right to refuse to post or the right to remove any information that is, in the Company’s sole discretion, unacceptable, undesirable, or in violation of these rules.
- License. By posting content to any part of FlippedApp, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
G. Third-Party Websites.
- Third-Party Links and Websites. FlippedApp may contain links to third-party websites. The Company provides these links solely to assist users in locating other Internet resources that may be of interest to them and you assume sole responsibility and risk for your use of links to third-party websites. The Company does not operate or control in any respect any information, content, products or services on such third-party websites. The Company does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on third-party websites. No reference or link to a third party or a third-party website shall constitute an endorsement of such third party or such third-party website.
H. Intellectual Property Rights.
- Intellectual Property. FlippedApp and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use FlippedApp for your personal, non-commercial use only.
- User Limitations. You may not sell or modify any information on FlippedApp or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose without the advance written permission of the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on FlippedApp, except as follows:
a. You may store files that are automatically cached by your browser for display enhancement purposes.
b. If the Company provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
c. If the Company provides social media features with certain content, you may take such actions as are enabled by such features.
- Governing Law. This Agreement has been made in and shall be construed and enforced in accordance with Colorado law without regard to any conflict of law principles. Any claim or dispute between you and the Company, including any action to enforce this Agreement shall be brought in the federal or state courts located in Denver, Colorado, and you agree to the exclusive and personal jurisdiction of these courts.
- Waiver of Jury Trial. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TERMS.
- Amendments. The Company shall have the right, at its sole discretion, to make improvements and/or changes to any aspect of FlippedApp at any time and does not accept any responsibility for the effects these alterations may have. The Company also reserves the right to change, modify, add or remove terms of this Agreement at any time without notice.
- Waivers. No waiver by the Company under the Terms is effective unless it is in writing and signed by an authorized representative of the Company. No failure to exercise, or delay in exercising, any right, remedy, power or privilege of the Company arising from the Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege of the Company hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- Severability. If any provision of this Agreement or Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall 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 and Terms shall remain in effect.
- Attorney Fees. You shall pay on demand all of the Company’s reasonable attorney fees in connection with any action brought by the Company to enforce its rights under this Agreement and the Terms.
- Claims. ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF FLIPPEDAPP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
- International Use. FlippedApp is controlled and operated from within the United States. The Company makes no representation that FlippedApp is appropriate or available in locations outside the United States. Anyone choosing to access FlippedApp from other locations are responsible for compliance with applicable laws. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
- Special California Notice. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
USE OF FLIPPAPP BY ACADEMIC INSTITUTIONS
- You will not use FlippedApp to promote any illegal activity, or advocate, promote or assist any unlawful act.
- You will not use FlippedApp to market or promote any other institution, organization, cause, offering, products, or services other than your own.
- You will not violate any state, federal, or other laws and regulations as they pertain to student privacy, children’s privacy, email marketing, telemarketing sales calls, the placement of automated telephone calls, or the transmission of SMS or text messages.
- You will not frustrate, impede, or interrupt the relationships that FlippedApp enjoys with any of its student users or other academic institution users.
- You will not sell, share, or otherwise transfer to any third party any student data or information you gain or receive as a result of your use of FlippedApp.
- You will not allow any data obtained from FlippedApp to be compromised or accessed by any unauthorized parties. In the event of any unauthorized access to any data you gained from use of FlippedApp, you agree to immediately notify the Company in writing of any breach.
- You will not represent that FlippedApp has endorsed your institution, organization, or offerings.
- You will not represent that FlippedApp has any affiliation with your institution, organization, or offerings without prior written consent from the Company.
- You will not use FlippedApp or any data received from FlippedApp to directly or indirectly violate any statutory rights granted to any other user including but not limited to those governing civil rights, discrimination of any kinds, student disabilities, educational record privacy, credit reporting, digital privacy, child welfare, and/or any provision or resulting regulation of the Higher Education Act of 1965 as well as any successive reauthorization.
Contact. You may contact us at the following address: email@example.com or Concept3D 1800 Wazee Street Suite 300 Denver, CO 80202
Last updated: September 19, 2023