Terms of Use

Introduction 

OneGoal’s Mission is to close the degree divide in America and achieve our vision that every young person in this country has an equitable opportunity to pursue their greatest postsecondary aspiration. OneGoal (“OneGoal,” “we,” “us,” “our”) owns and operates the  OneGoal Summer Hub website available at www.gradplan.org. (the “Website”), providing personalized support and resources to help students persist in pursuing their post-secondary pathways. These Terms of Use (“Terms”) detail how you may interact with our Website.

 

By visiting our Website, you represent that you are 18 years of age or older, are lawfully able to enter into contracts, and agree to be bound by these Terms, which form an agreement between you and OneGoal. You also represent that you have all necessary rights and permissions to upload all personal information, responses to questionnaires, and other data that you provide to us (collectively, your “Content”).

 

If you do not agree with these terms and conditions, then you may not use the Website. If you choose to continue to use or access the Website after having the opportunity to read this Terms, you recognize that we have provided valuable consideration by offering this Website free of charge.

 

Intellectual Property

You acknowledge that all Website, trademarks, service marks and logos are owned by or licensed to OneGoal and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Website or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Website. These Terms do not convey any rights of ownership in or related to the Website or other intellectual property owned by OneGoal.

 

License

OneGoal grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to access the Website provided that you comply with these Terms. You grant us a non-exclusive, perpetual, royalty-free, fully paid-up, worldwide right and license to use your Content to provide the Website to you.  You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, or frame any Website Materials.

 

Your Use of this Website

You are responsible for using the Website in accordance with these Terms.

 

The Website is provided solely for your own informational purposes. Any unauthorized use, including without limitation any commercial use, is prohibited.  You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by OneGoal. You further agree to abide by all applicable laws and regulations.

 

You will not (and will not allow any third party to): (i) decompile, disassemble, or reverse engineer the Website, except to the extent expressly authorized under the law; (ii) use the Website or any of our confidential information to develop a competing product or service; (iii) impersonate another user of the Website or provide false information to gain access to the Website; (iv) view or attempt to view Content of another user; or (v) use automated systems (e.g., robots, spiders, etc.) to access the Website.

 

In addition, you may not use the Website to:

• Upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on or transmitted through the Website;
• Upload, post, email or otherwise transmit any Content that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
• Upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
• Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

 

Your Feedback

You may provide us with suggestions, comments or other feedback (collectively, “Feedback“) with respect to our services, including the Website. Feedback is voluntary. We may use Feedback for any purpose without obligation to you of any kind in connection with our business, including to improve and enhance our services and the Website.

 

Privacy

We maintain a Privacy Policy, which may be viewed at https://gradplan.org/privacy-policy/.  OneGoal reserves the right to modify the Privacy Policy in accordance with the procedure outlined in that policy.

 

Messaging:

The Website provides you with the option to engage with a chatbot (“GuideBot”) and to opt-in to receive SMS text messaging alerts (“Messaging”). GuideBot and Messaging services are provided by our third party partner, and your use of these services is subject to their Terms of Use and Privacy Policy.

 

If you choose to subscribe to Messaging, text messages will be sent to you by our third party partner to provide you with information and reminders to support your post-secondary planning and in response to your related questions.

 

You may cancel the SMS service at any time for any reason by texting “STOP” to the code provided with each message. After receipt of the “STOP” message, we will send you an SMS message to confirm that you have been unsubscribed. We will not send subsequent SMS messages unless and until you opt-in again by texting “START” to the code or opting in via the Website. The information you provide to us by opting into Messaging is handled in accordance with our third party provider’s Terms of Use and Privacy Policy.  You may also text “HELP” to receive a reminder about how to opt-out of Messaging.

 

Once you have opted in, the frequency of messages you receive will vary based on the goals and interests you have provided to us and the volume of questions you submit. Message and data rates may apply for any SMS messages sent through Messaging.

 

Questions about your text or data plan should be sent to your wireless provider. No wireless carrier may be held liable for delayed or undelivered messages.

 

Links

The Website contains links allowing you to leave the Website for other websites, including social networks, that are not under our control. Any such links are provided for your convenience, and inclusion of links on the Website does not suggest any association, sponsorship, or endorsement of any kind. We are not responsible for the content or transmission of any linked site, or for ensuring that the linked sites are error and virus free.  These Terms do not apply to any linked sites. Those websites may be subject to their own terms of use and privacy policies, and we encourage you to read them.

 

Changes to the Website

We may, in our sole discretion, add, change, discontinue or remove any portion or functionality of a Website at any time, or the Website as a whole, without notice.

 

Indemnification

You will indemnify and defend OneGoal and hold it and its affiliates, officers, directors, employees, agents, vendors, and licensors harmless from any and all claims, actions, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by us and them as a result of any claim, judgement, or adjudication related to or arising from (i) your access, inability to access, or use of our Website; or (ii) breach of any of your obligations, representations, or warranties in these Terms.

 

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. ONEGOAL IS NOT OFFERING THE WEBSITE, IN WHOLE OR IN PART, FOR SALE TO YOU.  THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. THIS WEBSITE IS PROVIDED FOR FREE.  ONEGOAL AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. FURTHER, ONEGOAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION ON THIS WEBSITE OR OTHERWISE RELATING TO SUCH INFORMATION OR ON ANY SITES LINKED TO THIS SITE. NO WARRANTY IS MADE THAT THE WEBSITE WILL BE TIMELY, SECURE OR ERROR-FREE.  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU AGREE THAT ONEGOAL WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONEGOAL OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ONEGOAL’S OBLIGATIONS IN THESE TERMS. ONEGOAL’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

With respect to the Website, you agree that our sole obligation to you is to provide the Website as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Website, we will not be liable to you or to any third party for your use of the Website.

 

Limitation of Liability

THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW FOR NEW JERSEY RESIDENTS.  NEITHER ONEGOAL NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, INCLUDING USE OF THE SERVICES AND WEBSITE, EVEN IF ONEGOAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ONEGOAL AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES OR WEBSITE IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL IN THEIR ESSENTIAL PURPOSE.

 

Jurisdiction

We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, Website Materials, the services provided through our Website or the Content shall be governed by the laws of Illinois, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Chicago, Illinois.

 

Severability

If any of the part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

Assignment

OneGoal Summer Hub is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Digital Millennium Copyright Act

If you believe that any Website Materials or Content infringes your copyright, you (or your agent) may send us notice requesting that such Website Materials or Content be removed. Notice must be provided in writing and must include the following information:

1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work that you claim has been infringed;
3. The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Notices must be sent to: OneGoal Summer Hub 180 N. Wabash Ave., Suite 800, Chicago, IL 60601, or legal@onegoalgraduation.org    .

 

Modification

OneGoal Summer Hub reserves the right, in its sole discretion, to change these Terms at any time.  We will provide notice to you of any changes by posting notice on this Website or otherwise as legally required. The “last updated” date indicates when the Terms were last revised. Your continued use of the Website after the Terms have been updated constitutes your agreement to any updated terms. If you have any questions regarding these Terms, please contact us at summerhub@onegoalgraduation.org.