Terms of Use & Privacy Policy

GoCollegeNow.org (“Web Site”) is owned and operated by First Generation Films (“FGF”). By using this Web Site and the services offered herein in any way, you indicate that you understand and intend this Agreement to be the equivalent of a signed, written contract and legally binding, and that you accept the Terms of Use and Privacy Policy (collectively, “Terms of Use”) as set forth in this Agreement and agree to be legally bound by them.

Nothing in these Terms of Use should be construed to confer any rights except for your use of the Web Site in compliance with the Terms of Use. You should review the Terms of Use carefully. If you disagree with any of the terms or conditions, you may not use the Web Site or any services offered herein. FGF reserves the right to modify the Terms of Use from time to time without notice. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. FGF also reserves the right to modify or terminate the Web Site or disable access to the Web Site for any reason, without notice, without liability to you or any third party.

FGF shall not be responsible, and shall have no liability whatsoever, for any incorrect or inaccurate information or content posted on the Web Site. Without limitation, FGF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or unauthorized access to, or alteration of, any communications, including those relating to any information provided by you. FGF neither represents, warrants, covenants, guarantees, nor promises any specific results from your use of the Web Site. Under no circumstances will FGF be responsible for any loss or damage resulting from your use of the Web Site, any content thereon, and/or any interactions between any users of the Web Site, whether online or offline. FGF shall not be responsible, or have any duty or obligation to, or liability for, decisions or interactions resulting (directly or indirectly) from any information contained on the Web Site including information submitted by you. In no event will FGF be liable to you or any other person for any damages, costs, losses or expenses, including any special, incidental, consequential or punitive damages arising from your use of the Web Site or participation in any activities in connection therewith.

This Web Site may include links (“Third Party Links”) to third party web sites (“Third Party Web Sites”). Third Party Links on the Web Site should not be construed to mean that FGF endorses or controls these Third Party Web Sites or services. You acknowledge and agree that FGF is not responsible or liable for any content on these Third Party Web Sites and/or any activities in connection therewith and that it is your responsibility to review and check any terms or use or privacy policy governing your use of any Third Party Web Sites.

1. Intellectual Property

This Web Site, including, but not limited to, all content (e.g., text, photographs, video, audio and graphics) (“Content”), are the exclusive property of FGF, its licensors or other owners. The text materials owned by FGF and made available through the Web Site may be used, downloaded, reproduced or reprinted for your personal use, provided that the copyright notice appears in all copies. The copyright notices shall not be removed and all such materials shall be for non-commercial or personal use only and may not be modified or altered in any way. All rights in photographs, illustrations, artworks and other graphic materials are reserved to FGF and/or the copyright owners. Permission to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material must be obtained from the copyright owner prior to any use.

In addition, this Web Site contains certain trademarks, service marks, logos, or other designations of origin (“Trademarks”) that are owned by FGF or their respective owners. All rights in such Trademarks are expressly reserved and no such Trademarks may be used without the permission of FGF or the respective owners in writing prior to any use. Further, any use of text or graphic materials contained in this Web Site in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by FGF, is strictly prohibited. All use of such materials shall be in strict compliance with these Terms of Use.

Unless and except as otherwise expressly permitted by this Agreement, you may not copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, post, transmit, publicly perform or display or otherwise use any information or material obtained from or through this Web Site, without prior written permission.

You represent and warrant to FGF that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Web Site or circumventing any Web Site security system; (b) collecting any information about other users of the Web Site; (c) systematically extracting Content or other information or data contained in the Web Site to populate databases or other sites for internal or external use, (d) create a link from your web site or any other Internet location to the Web Site without prior written permission, (e) post, store, transmit or otherwise use the Web Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (i) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to FGF); (ii) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (iii) harass another person; (iv) use unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; or (v) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”

Any unauthorized use of this Web Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

2. Cookies

Cookies are pieces of information that a web site transfers to a user’s computer for purposes of storing information about a user’s preferences.  Cookies in and of themselves do not personally identify users, although they do identify a user’s computer.  Many web sites use cookies as a standard practice to provide useful features when a user visits the site and most web browsers are set up to accept cookies.  This Web Site uses cookies to improve your online experience when visiting the Web Site. You can set your browser to refuse cookies, but some portions of the Web Site may not work properly if you refuse cookies

3. Submission of Personal Information and Privacy Policy

This Web Site features services or activities that may require you to provide certain personal information (e.g., your name, age, Email address, and/or other contact information) before participation may be permitted. Also, whenever you access the Web Site, we may collect certain information, which may include the browser and operating system you are using, the URL or advertisement that referred you to our Web Site, and the search terms you entered into a search engine that lead you to our Web Site (“User Information”). In addition, we automatically collect your IP address or other unique identifier (“User Identifier”) for any computer, mobile phone or other device you may use to access the Web Site. A User Identifier is a number that is automatically assigned to your device used to access the Web Site or any services offered therein, and our servers identify your device by its User Identifier. FGF may use the Personal Information, User Information, and User Identifier for our business purposes, including: (1) facilitating your participation in activities and to provide services through the Web Site (including providing you with information and answering any questions); (2) processing your request for registration and verifying information provided to us; (3) FGF’s internal business purposes; and (4) other purposes which will permit FGF to improve and develop our services and Web Site.

To interact with certain features on the Web Site, you may create a public profile that is available to other internet users (“Public Profile”), through which you may provide certain information about yourself, including name, academic interests, comment, or other content. You are solely responsible for the accuracy of such Public Profile and all such use is at your own risk. FGF shall not be responsible for any claims or liabilities arising from your creation and/or use of the Public Profile.

FGF will establish reasonable precautions to protect collected Personal Information from unauthorized access and disclosure. However in no event shall FGF be responsible for the confidentiality of such Personal Information or any communication or material transmitted to/from the Web Site.

4. Sharing Your Information

FGF will not sell, rent, license, or trade your Personal Information with third parties for their own direct marketing use unless you give general or specific consent to do so (e.g. opting in on the Wells Fargo Contact Form). FGF may, however, use or share non-Personal Information (e.g., user statistics and demographic information) with third parties. By using this Web Site and providing your Personal Information, you further agree as follows:

• In the event that FGF goes through a business transition, such as a merger or acquisition by another company, your Personal Information, may be assigned or transferred. However, the present Terms of Use shall continue to apply.
• FGF may use third parties to perform specific services, such as sending newsletters. If we use a third party to provide specific services (such as sending newsletters to our users on our behalf), then Personal Information may be shared with that party to the extent necessary for the third party to provide these services. These third-party service providers are only allowed to use personally identifiable information for the purpose of providing the specific services requested by FGF.

FGF may disclose without notice to you your information, including Personal Information, in response to a subpoena, when required by law, or to protect our rights. Further FGF may disclose any information in connection with any criminal investigation or to defend FGF against any claims by third parties.

5. Opt-Out/Changes

FGF will only send e-mail to visitors of the Web Site who request that it be sent and always offer options to our visitors to “unsubscribe” or be removed from our e-mail directory upon request. If you give us your email address, we may, from time to time, contact you with updates, news, or marketing materials. However, we will offer you a simple and easy way to unsubscribe to such e-mails.  You may also review and request changes to your Personal Information that FGF has collected, including the removal of your Personal Information from FGF’s databases by contacting us. Complete removal may not be immediate, however, and in some instances, archival copies may be impossible to delete.

6. Privacy and Children Online

This Web Site and services are not intended for or marketed to persons younger than the age of 13. Therefore, FGF will not knowingly collect or maintain any personally identifiable information from children under 13.

7. Indemnification and Disclaimer of Warranties

You agree to indemnify, defend and hold harmless, FGF, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ and professionals’ fees, arising from any violation of these Terms of Use by you or your use of this Web Site. THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND WEB SITE-RELATED SERVICES.  Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

8. Entire Agreement

These Terms of Use constitute the entire agreement between you and FGF with respect to the subject matter hereof and supersede all other understandings or agreements, written or oral, regarding such subject matter, including any prior Terms of Use on the Web Site. No waiver by FGF of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

These Terms of Use and the resolution of any dispute related to the access and use of this Web Site shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principle of conflicts of law. You agree to exclusive personal jurisdiction and venue in the state and federal courts located in the California. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THIS WAIVER IS A MATERIAL INDUCEMENT FOR FGF TO ENTER INTO THIS AGREEMENT.

9. Contact Us

FGF welcomes comments and questions regarding the Terms of Use. Questions and comments should be directed to: info@firstgenerationfilm.com