Terms and Conditions
Updated: December 29, 2008
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
MyChances.net is wholly owned and operated by James Pirruccello and Brent Pirruccello. By using the MyChances.net website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or
if you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact James Pirruccello.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Please also refer to MyChances's Privacy Policy and Full Disclaimer, which are each incorporated by reference herein.
MyChances.net provides an online education portal to give visitors a general understanding of the college admissions process, as well as to provide information about education in the United States at all levels from high school through postgraduate education.
MyChances strives to keep its information accurate, current, and up-to-date. However, MyChances cannot guarantee that all of the information on this site is current. Furthermore, the information contained on this site is not guaranteed to be correct, complete or up-to-date. MyChances makes no guarantee of the accuracy of the predictions of college admissions on this Site. MyChances is not affiliated with any of the high schools, colleges, or universities named on this website unless otherwise noted.
1. Privacy Policy. MyChances respects your privacy and permits you to control the treatment of your personal information. A complete statement of MyChances's current privacy policy can be found by clicking
here. MyChances's privacy policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the MyChances website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify MyChances immediately of any unauthorized use of your account, user name or password. MyChances shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
2. Ownership. This Site is owned and operated by James Pirruccello and Brent Pirruccello. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, data, databases, and images (the "Materials") are owned either by MyChances or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by MyChances, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of MyChances's intellectual property rights, whether by estoppel, implication, or otherwise. Where public domain or United States Government material is reproduced on MyChances.net, notice is provided directly on each page. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. MyChances does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by MyChances. Any rights not expressly granted herein are reserved by MyChances.
3. Limited Permission to Download. MyChances hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than MyChances (the "Third Party Sites"). MyChances works with a number of partners and affiliates whose sites are linked with MyChances. MyChances is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. MyChances makes no guarantees about the content or quality of the products or services provided by such sites. MyChances is not responsible for webcasting or any other form of transmission received from any Third Party Site. MyChances is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyChances of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that MyChances is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
5. Use of the MyChances "Forum." The MyChances Forum (the "Forum") is a collaborative community where individuals are able to exchange ideas and opinions on legal or business-related questions. Access to and use of the Forum is subject to this paragraph, in addition to the other terms and conditions listed.
Rights and Responsibilities of MyChances:
MyChances is not the publisher or author of any works posted on the Forum. It is a passive service for storage and dissemination of the ideas and opinions that MyChances members may choose to post and distribute via the Forum. MyChances does not screen works before they are posted, and no prior approval is required for posting. MyChances disclaims all copyright and ownership in such works and all responsibility for them.
Although it cannot make an absolute guarantee of system security, MyChances takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.
If MyChances's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, MyChances reserves the right to delete those files or to stop those processes. If the MyChances technical staff suspects an user name is being used by someone who is not authorized by the proper user, MyChances may temporarily disable that user's access in order to preserve system security. In all such cases, MyChances will contact the member as soon as feasible.
MyChances has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Forum posting, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements.
MyChances reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of MyChances Users or Other Posters to the Forum:
You are legally and ethically responsible for any postings - writings, files, pictures, or any other work - that you post or transmit on the Forum (or any other MyChances service that allows interaction or dissemination of information). In posting to the Forum, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Forum, you are responsible for obtaining the copyright holder's permission first.
Under United States Federal law, you retain copyright on all works you create and post to the Forum, unless you choose specifically to renounce it. In posting a work on the Forum, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You give permission to MyChances to copy your works as part of the normal backup process. You also hereby assign to MyChances, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. MyChances shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. You have the right to remove any of your works from the Forum at any time.
The use of your MyChances user account or posting on the Forum for any illegal activity under the laws of Nevada and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside MyChances's locality or your own residence. MyChances is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and MyChances cannot guarantee that you won't run into legal trouble from other jurisdictions over your posting.
Your Rights and Responsibilities as a MyChances User and Reader of Postings on the Forum:
You are not required to provide your real name when signing up as a user of MyChances. MyChances permits anonymous or pseudonymous accounts.
If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, MyChances staff will not take a role in mediating conflicts between you and other users. MyChances does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, should such a complaint or conflict arise, the user or users may request that a MyChances moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation. The decision to intervene rests with MyChances, in its sole and absolute discretion.
Your access to the postings that users have posted on the Forum is for your personal use only. If you want to redistribute postings you find on the Forum, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).
You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact MyChances via E-MAIL as soon as possible.
6. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MYCHANCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MYCHANCES MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MYCHANCES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL MYCHANCES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF MYCHANCES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnification. You agree to defend, indemnify and hold harmless MyChances, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions. MyChances does not want you to submit confidential or proprietary information to it through this Site. All comments, feedback, information or material submitted to MyChances through or in association with this Site shall be considered non-confidential and MyChances's property. By providing such submissions to MyChances you hereby assign to MyChances, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. MyChances shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
10. Compliance with Intellectual Property Laws. When accessing MyChances, you agree to obey the law and you agree to respect the intellectual property rights of others. You use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.
MyChances has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of MyChances or of a third party or that violate intellectual property rights generally. MyChances's policy is to remove such infringing content or materials and investigate such allegations immediately.
If you believe that your copyright has been infringed, and you would like MyChances to remove the material in question, please contact James Pirruccello.
11. Inappropriate Content. When accessing the MyChances website or using MyChances's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. MyChances reserves the right to terminate or delete such material from its servers. MyChances will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
12. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
13. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Nevada, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Nevada, and in Washoe County. You and MyChances agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2010 MyChances.net ALL RIGHTS RESERVED.
15. Trademarks. MyChances, MyChances.net, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of James Pirruccello and Brent Pirruccello. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
16. Acknowledgement. BY USING MYCHANCES'S SERVICES OR ACCESSING THE MYCHANCES WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
