Blue Birch College Consulting Website Terms & Conditions

Last Updated: July 1, 2024

Welcome to the Blue Birch College Consulting website. The following Terms and Conditions apply when you view or use our website at bluebirchcollegeconsulting.com. Please review the following terms carefully. By accessing or using the website, you signify your agreement to these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use, view, or access this website.

Definitions

In this document:

  1. “Website” or “Site” means https://www.bluebirchcollegeconsulting.com.

  2. “Customer”, “Client”, “You”, or “Yours” means and refers to you and/or any other person accessing or interacting with the website on your behalf.

  3. “Company”, “We” or “Our” means and refers to Blue Birch College Consulting, LLC.

  4. “Services” refers to any services, products, features, or content offered for free or for purchase through Blue Birch College Consulting.

  5. “User Content” means any user-supplied content on the Website including but not limited to comments, essays, survey responses, or meeting notes submitted to the website by you or a third party.

General Terms and Conditions

Users who submit a form on the website which includes their email are agreeing to receive communication and marketing content from the Company. A user can unsubscribe from this content at any time.

Account Registration and Termination

The Company provides a variety of Services. Access to some of these Services may require you to have an account. You may not share your account or any of the Services with others. All information you provide to the Company must be accurate and complete in order for us to create an account. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate.

When your account is created, you will set a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password.

The Company has the right to terminate your account for any reason at our sole discretion with or without notice to you. If termination of your account limits your ability to access any purchased Services, refunds will be issued according to the terms in the contract for those Services, provided that your account was not terminated for a violation of these Terms. You may close your account via written request. Unless otherwise laid out in the contract for those Services, refunds will not be issued for unused or inaccessible Services due to such a request.

Age and Residence Requirements; U.S. Jurisdiction

The Services are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms and Conditions with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.

All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Blue Birch College Consulting, a Massachusetts LLC, to any registration requirement within such jurisdiction or country. By using this site, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. The Company operates the majority of its Services in the United States. The Company makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Use Restrictions

Your permission to use the website is conditioned upon the following Use Restrictions and Conduct Restrictions for noncommercial use only. You agree that you will not under any circumstances:

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • Use the website for any unlawful purpose or for the promotion of illegal activities;

  • Harass, abuse, or harm another person or group, or attempt to do so;

  • Interfere or attempt to interfere with the proper functioning of the website;

  • Make any automated use of the website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • Bypass any measures we take to restrict access to the website or use any software, technology, or device to scrape, spider, or crawl the website or harvest or manipulate data; or

  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Links to Other Sites and/or Materials

On the website, the Company may provide you with links to third-party website(s) as well as content or items belonging to or originating from third parties (collectively “Third Party Content”). The Company has no control over Third Party Content or the promotions, materials, information, goods, or services available through such Third Party Content. Such Third Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Content accessed through the website or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the website and access the Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern such use.

Intellectual Property

The website and associated services are owned and operated by the Company. Unless otherwise explicitly specified by the Company, all materials that are included in or otherwise a part of the website, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, and guides, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “Blue Birch College Consulting Content”), are owned, controlled, or licensed by Blue Birch College Consulting. Blue Birch College Consulting Content is protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. Any unauthorized use of Blue Birch College Consulting Content is prohibited. Any unauthorized use of the materials may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

Disclaimer of Warranties

A. USE OF THE WEBSITE, AND THE SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. B. BLUE BIRCH COLLEGE CONSULTING DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE. BLUE BIRCH COLLEGE CONSULTING DISCLAIMS ANY AND ALL WARRANTIES, TO THE EXTENT ALLOWABLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE AND COURSE OF DEALING. C. THIS WEBSITE IS PROVIDED “AS IS” AND BLUE BIRCH COLLEGE CONSULTING ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATIONS MADE THROUGH THE BLUE BIRCH COLLEGE CONSULTING WEBSITE. BLUE BIRCH COLLEGE CONSULTING RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE ANY SERVICE AVAILABLE THROUGH THIS WEBSITE WITH OR WITHOUT NOTICE. BLUE BIRCH COLLEGE CONSULTING FURTHER RESERVES THE RIGHT TO DISCONTINUE ANY PARTICIPANT(S)’S USE OR PARTICIPATION ON THE WEBSITE, FOR ANY REASON OR FOR NO REASON.

Limitations on Liability

A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY BLUE BIRCH COLLEGE CONSULTING OR ANY ACT OR FAILURE TO ACT BY BLUE BIRCH COLLEGE CONSULTING, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BLUE BIRCH COLLEGE CONSULTING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. B. IN NO EVENT SHALL BLUE BIRCH COLLEGE CONSULTING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLUE BIRCH COLLEGE CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF BLUE BIRCH COLLEGE CONSULTING IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY ALLEGED DAMAGES OR INJURIES THAT MAY ARISE FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION OR OTHER RECORDS. C. IN NO EVENT SHALL BLUE BIRCH COLLEGE CONSULTING BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms and Conditions; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;(f) any misrepresentation made by you; or (g) the Company’s use of your information or User Content as permitted under these Terms and Conditions, the Privacy Policy, or any other written agreement between you and the Company. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Company. These indemnity obligations shall survive any expiration or termination of your relationship with the Company.

General Disclaimer

Neither the Company nor its consultants represent that the student will gain admission to any particular college or university and be awarded financial or merit aid, and neither the Company nor its consultants are responsible in any way for the student’s failure to gain such admission and be awarded such aid. Due to the ever-increasing number of applicants and the declining number of admits, no student can be assured of admission at any particular college or university, no matter how strong that student is academically. Financial aid and merit aid cannot be guaranteed. The Company provides predictions of the student’s chances of being admitted to particular schools based on historical data and our experience in working with students. The Company does not make any express or implied warranties, guarantees, assurances or representations to the Client with respect to the Services. Without limiting the foregoing, any implied warranty or condition is expressly excluded and disclaimed.