Terms of Use

These terms and conditions (“Terms”) apply to your use and access of www.americanscholarships.com (the “Site”), which is operated by Cappex.com, LLC (“Cappex”). By using the Site, you accept these Terms. Cappex may revise these Terms at any time by updating them as they are displayed on the Site. Cappex is not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms, because they are binding on you. The terms "You", “Your” and "User" as used herein refer to all individuals or entities accessing this Site.

 

USE OF THE SITE

Cappex authorizes you to view and access the Site solely for your personal, non-commercial use (“Permitted Use”). You may not copy or adapt any of Site Content (defined below) or the underlying code with respect to any portion of the Site or the content appearing therein.  You may not use the Site for any purpose that violates any applicable law.

 

PROPRIETARY RIGHTS

As between you and Cappex, Cappex owns the copyright in all content of the Site, including text, images, graphics, logos, links, button icons, software and other content (collectively, “Site Content").  Trademarks and logos used on the Site are owned by Cappex or are used with permission from the respective owners or in accordance with applicable law. No use of any Cappex trademark or any other trademark listed is permitted without express written consent. 

 

SECURITY

You may not violate or attempt to violate the Site’s security.

 

PRIVACY POLICY

Your use of this Site may involve providing Cappex with certain information about yourself including a valid email address (your "Personal Information").  Cappex will use commercially reasonable efforts to handle your Personal Information in accordance with the Privacy Policy posted on the Site, which is subject to change from time to time. 

 

NO WARRANTIES

CAPPEX DOES NOT WARRANT THAT YOUR PROVIDING INFORMATION ON THIS SITE WILL RESULT IN THE AWARD OF ANY SCHOLARSHIP OR ADMISSION TO ANY COLLEGE OR UNIVERSITY.  FURTHER, CAPPEX DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAPPEX IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPPEX 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 WILL CAPPEX, ITS AFFILIATED ENTITIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS 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 THE SITE AND THE SITE CONTENT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAPPEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAPPEX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO CAPPEX IN THE PAST SIX MONTHS, OR $10, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH CAPPEX.

 

LINKS TO OTHER SITES

This Site may contain links to third party web sites or embed functionality from third party sites labeled as “Powered By” or similar language. Cappex does not endorse the content on such third party sites; rather, they are provided as a convenience to you. Cappex is not responsible for the collection of your information on linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites.

 

NO COMMERCIAL USE

You agree not to use this Site for any commercial purpose without Cappex’s express written consent. 

 

INDEMNITY

You agree to defend, indemnify, and hold harmless Cappex, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of Your use of the use of the Site. Cappex must provide notice to you promptly of any such claim, suit, or proceeding, but only to the extent failure to provide prompt notice would prejudice your ability to defend the claim, and will assist you, at your expense, in defending any such claim, suit or proceeding. Cappex reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide Cappex with any cooperation Cappex reasonably requests.

 

GENERAL

These Terms are governed by the laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court of competent jurisdiction, such invalid provision does not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any compliance with these Terms will be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Site, a particular "Legal Notice," or Software License or material on particular Web pages, including a License Agreement required for use of the Application Service, these Terms constitute the entire agreement between you and Cappex with respect to the use of the Site. These Terms 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.  All provisions of these Terms that by their nature must survive the termination of your use of the Site will survive.

 

LAST UPDATED: February 1st, 2017