Terms of Service

Terms of Service

CounselMore CollegeList Pro, Single Counselor plans, Multi Counselor plans, The Blueprints to College Counseling, Comprehensive Assignments packages 

Revision 11.3.21


CounselMore and its affiliates (“CounselMore”, “we”, “us” or “our”) is the operator of the website located at http://CounselMore.com and app.CounselMore.com and/or related mobile applications and online services (“Services”). Your use of the Services is subject to these Terms of Service (“Terms”), as well as CounselMore’s Privacy Policy, Copyright  Policy and Usage Policy, all of which are incorporated by reference into these Terms. Please make sure that you read and understand these Terms. These Terms are a legal agreement between you and CounselMore that govern your use of the Services. By using the Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not create an account or use any of our Services.


By using the CounselMore.com, applications, web sites and or all services of CounselMore, you are agreeing to be bound by the following terms and conditions, Terms of Service.


CounselMore reserves the right to modify these Terms of Service at any time. If we do, we will post modified Terms on our website. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to use our Services following such posting or notification, you agree that you accept our new Terms. Accordingly, you should periodically review these Terms and if you do not agree to the new Terms, you must stop using the Services.


You agree to use the Service at your own risk. Violation of any of the terms below will result in the termination of your Account. While CounselMore prohibits such conduct and Content on the Service, you understand and agree that CounselMore cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. 

Eligibility to use CounselMore

You must be 13 years or older to use this Service.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person – a single login shared by multiple people is not permitted. If a Single subscription holder chooses to share their credentials with another person, see section Passwords and Security.


Passwords and Security

You are responsible for maintaining the security of your account and password. CounselMore cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for maintaining the confidentiality of any password(s) you use to access the Services, and you are fully responsible for all activities that occur through use of your password(s) and your account. You agree to notify CounselMore immediately of any unauthorized use of your account or any other breach of security. CounselMore will not be liable for any loss that you may incur as a result of someone else using your password or account. Even if you give us notice, you could be held liable for losses incurred by CounselMore or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.


You are responsible for all Content posted and activity that occurs under your account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You represent and warrant that all registration information you submit when using the Services is truthful and accurate, you will maintain the accuracy of that information and your use of the Services does not violate any applicable law or the rights of third parties. Use of the Services is void where prohibited.


Questions and Feedback

We welcome your questions, comments, and concerns about the Services. Please send any and all feedback pertaining to the Services to Support@CounselMore.com. If you choose to submit questions, comments, ideas, feedback or the like, you agree that we are free to use them for any purpose without any restriction or compensation to you.


Our use of this information may include but is not limited to developing, manufacturing and marketing products. By accepting your submission, CounselMore does not give up any rights to use similar or related feedback, ideas, concepts, know-how, techniques or other information previously known to us, or developed by our employees, or obtained from sources other than you.


Changes to the Service and Prices

User accounts that exceed “normal” “usual” or “average” use may be suspended for security purposes. Although there are no set or predetermined “overage fees”. CounselMore reserves the right to suspend service for any questionable behavior. In this event, you will be contacted via the contact information you have provided as soon as possible and likely after account suspension.


One subscription provides access to the CounselMore application for one account login. One person is assigned and in use of the one login per subscription. It is a sole discretion of CounselMore to suspend any subscription, where multiple logins are detected.


CounselMore at any time reserves the right to make changes to prices, plans and/or resources. 

We may change the price for upgraded accounts from time to time. CounselMore will communicate any price changes to you in advance and, if applicable, how to accept those changes. If and/or when CounselMore creates and offers users price changes for improved features and/or upgraded accounts, charges will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your CounselMore account after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the upgraded account prior to the price change going into effect. Please make sure you read any such notification of price changes carefully.


CounselMore reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. With or without notice, prices of any and all Services are subject to change. Such notice may be provided at any time by posting the changes to the CounselMore Site (CounselMore.com) or the Service itself. CounselMore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


Payment, Refunds

The CounselMore products CollegeList Pro and ProSuite, and respective plans, free trial does not require a credit card. A valid credit card is required for payments. When the user’s free trial period is over, the registered trial user will not be able to enter the application without payment.


The CounselMore product, ExecuSuite, Multi Counselor plan does require a credit card. The CounselMore Multi Counselor plan has a separate Terms and Conditions agreement. Refer to that document for CounselMore product, ExecuSuite, Multi Counselor plan Terms & Conditions.


Any subscription holder can review their current account status in the application, under Settings, My Account. 


Monthly subscriptions will be billed monthly, 30 days from the date of paid subscription. If the Account Holder registers and enters their credit card for a paid monthly subscription on Aug. 7, their credit card will be charged the monthly fee on Sept. 7.

There are no refunds or credits or partial credit issued for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open/suspended account. No exceptions will be made for equity among all users. See Chargebacks section below.


Monthly subscribers can cancel at anytime in writing to support@counselmore.com

The monthly subscriber’s account will terminate at the end of the current 30 day cycle and not be charged the following month.


Annual subscriptions will be billed annually. The first charge will be applied 30 days from the date of subscription. If the Account Holder registers and enters their credit card for a paid annual subscription on Aug. 7, their credit card will be charged the annual fee 30 days later on Sept. 7.

The account will be automatically charged again, 12 months later.


Annual subscriptions are for 12 consecutive months.  The Service is non-refundable. There are no refunds or credits or partial credit issued for partial months of service, upgrade/downgrade refunds, or refunds for months unused. No exceptions will be made for equity among all users. See Chargebacks section below.


The Annual subscriber’s account will terminate at the end of the 12 consecutive month cycle and not be charged again.


All cancellations must be in writing to support@counselmore.com

This can be done through email or through the CounselMore Help button within the application.


At the time of written cancellation, all Account information and history will be scheduled for deletion. This information can not be recovered once the account is canceled and the deletion process has been completed. If the account cancels a monthly subscription Service before the end of the current paid month, your cancellation will take effect at the end of your current billing cycle, the account will not be charged again, all data will be deleted after the account has terminated.


Total price for Services will include any applicable sales tax. All sales are final. See Chargebacks section below.

You agree to abide by any relevant terms and conditions or other legal agreement, whether with CounselMore or a third party, that governs your use of a given payment processing method. We may add or remove payment processing methods at any time, with or without notice.


By using the Services and agreeing to these Terms, you also agree to be bound by any third party payment terms, and you consent and authorize us and any third party payment provider to share any information and payment instructions you provide with third party service provider(s) to the minimum extent required to complete your transactions. You are responsible for all transactions (one-time, recurring, and refunds) processed through any third party payment provider. CounselMore is not liable for loss or damage from errant or invalid transactions processed by any third party payment provider. This includes transactions that were not processed due to a network communication error, or any other reason. If you enter into a transaction, it is your responsibility to verify that the transaction was successfully processed. You agree that CounselMore has no liability for any adverse effects that any action or inaction (whether intentional or unintentional) of any third party payment provider may have on your CounselMore account, or your business.

All payments must be made in U.S. dollars.


You are responsible for the timely payment of all products and services you purchase through your account. All fees will be billed to the credit card or payment processing account you designate through your account. You must make any changes to your payment method online.


Prices for any products and services offered via the Services may change at any time, and the Services do not provide price protection or refunds even if there is a price reduction or promotional offering.


Account Holder Credit Card CHARGEBACKs,  claims of FRAUD, UNRECOGNIZED TRANSACTIONS,  Penalties

The Account Holder has agreed to these Terms by checking the Agree box. This Agreement acknowledgement is presented to the Account Holder at multiple times prior and post transaction. The Account Holder chooses to Agree more than once prior to the transaction.


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes is in direct conflict with these agreed upon Terms. 


A copy of these Terms will be sent in response to any such claims/inquiries. Any and all fees and damages resulting in the Account Holder’s discredited actions will be billed to the Account Holder’s credit card on file.


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes will result in a ban from creating future accounts. These cases will be reviewed on a case-by-case consideration. 


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes or termination of Service will result in the deactivation or deletion of Account Holder access, history, information, data belonging to the Account Holder and the forfeiture and relinquishment of any/all contributed Content. 

Upon termination, you also need to stop using any of our mobile applications, student portals, parent portals, and remove our mobile application(s) from all of your devices.


CounselMore reserves the right to refuse service to anyone for any reason at any time. CounselMore,  in its sole discretion, may also terminate or suspend your account or your use of the Services and or refuse any future service at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms, you have created any risks to CounselMore or its community, we have/can/will decide to stop providing the Services.


Contributing and contributions to CounselMore Products and/or Services; data, content, information

Any account user who repeatedly, constituted by more than twice, submits incorrect data corrections will have their account frozen and inaccessible. Until, satisfactory review as determined solely by CounselMore, will the account be reinstated. 


Any/all contributions made to CounselMore Products and/or Services are owned by CounselMore. Any Account Holder can download data, shared content at any time.


If your account is terminated or canceled or you delete any User Content, CounselMore will use reasonable efforts to prevent other CounselMore users from accessing any User Content that you marked private and did not previously share with other users or the public. However, you acknowledge and agree that any such User Content may be retained in caches or backups and that copies of or references to your User Content may persist indefinitely due to the nature of the Services and the internet.


Copyright, Content and Intellectual Property

All content posted on the Service must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials you post/share remain yours. CounselMore does not pre-screen  all Content, but CounselMore and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.


The look and feel of the Service is copyright ©2015 CounselMore, copyright ©2016 CounselMore, copyright ©2017 CounselMore, copyright ©2018 CounselMore, copyright ©2019 CounselMore, copyright ©2020 CounselMore, copyright ©2021 CounselMore. All rights reserved.


You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CounselMore.


Copyright Infringement; If you are a copyright holder and you have reason to believe that your copyright has been infringed, please review our Copyright Policy or contact support@counselmore.com


All materials available through the Services, including but not limited to derivative works based on User Content, and not provided by users of the Services are the property of CounselMore, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to CounselMore, or affiliated companies and/or third-party licensors.


Except in specifically identified products within Service, unless CounselMore provides written permission, all users regardless of title, agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software and/or materials CounselMore discloses to you.


You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you agree to reproduce and copy all such notices and legends on all copies of any part of the Services that you are allowed to make under these Terms, if any. Any rights not expressly granted in these Terms are reserved.

You may in no way use our Services to infringe or misappropriate any intellectual property rights of CounselMore, its users, and other third parties. You represent and warrant that your User Content does not infringe the intellectual property or other rights of third parties.


Third Parties

You understand that CounselMore uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You understand that CounselMore allows Account Holders the convenience of link through or “launchable” settings within Services. CounselMore makes no promises beyond the convenience of storing a URL. 

You understand that CounselMore may provide links to third-party websites or other resources (“Linked Sites”). CounselMore has no control over these Linked Sites, and is not responsible for the operation of any Linked Site. CounselMore offers these links as a convenience only, and the availability of any Linked Site is not an endorsement of the content, or any products or services available on these Linked Sites, or an endorsement of any Linked Site’s owners, or its providers. You acknowledge and agree that you access these Linked Sites at your own risk. Any interactions or business dealings with advertisers or third parties other than CounselMore found on or through our Services are solely between you and such advertiser or other third party.


By using our services, you are agreeing that CounselMore may share your information, including personal information and usage data, with Third Party service providers who help us operate our business processes like website design, sending email communications, fraud detection and prevention, customer care, or performing analytics.  In addition, CounselMore may share your personal information and/or usage data who are advertising networks, marketing partners, publishers and other entities who perform analytics and advertise our products and services on websites not affiliated with us as described in our Privacy Policy.  CounselMore is not responsible for any data collection and practices of non-affiliated third-parties that are linked to or from our Website.  

Without limiting anything above, CounselMore will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Website.


General Terms

a. You may not assign or otherwise transfer the Terms or any right granted hereunder. CounselMore may assign its rights under these Terms without condition. These Terms will be binding on and will insure to the benefit of the parties and their successors and permitted assigns.

b. You agree that any material breach of Sections 6 or 8 of the Terms will result in irreparable harm to CounselMore and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, CounselMore will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CounselMore seeks such an injunction.

c. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

d. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

e. CounselMore reserves the right at all times to disclose any information as CounselMore deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at CounselMore’s sole discretion.

f. You agree that CounselMore may provide notice to you via email, regular mail, or posting notices or links to notices on our website or through the Services.

g. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

h. These Terms constitute the entire agreement between CounselMore and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CounselMore, or by the posting by CounselMore or CounselMore notifying you of a revised version.


General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email. Support@CounselMore.com

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CounselMore, or any other CounselMore service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CounselMore.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CounselMore customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds the average bandwidth usage (as determined solely by CounselMore) of other CounselMore customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce bandwidth consumption.

CounselMore does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that CounselMore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CounselMore has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of CounselMore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CounselMore and govern your use of the Service, superseding any prior agreements between you and CounselMore (including, but not limited to, any prior versions of the Terms of Service).

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.


Threat Assessment

Anyone deemed a threat agent or an individual, group, organization, or government that conducts or has the intent to conduct detrimental activities. Intent is determined through threat analysis by a process of identifying or evaluating entities, actions, or occurrences, whether natural or man-made, that have or indicate the potential to harm life, information, operations, and/or property, including evaluation of perceived personal/professional conflicts of interest. If a threat is determined the actor(s) may be precluded from accessing, continuing to access, purchasing, and/or engaging any CounselMore product or services.  


Applicable Law

These Terms are governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence.


All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Mateo County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.


The Services are available to users globally. If you are located outside the U.S., you (i) acknowledge and agree that these Terms are only being offered in English, and that if there is any translation of this Agreement, the English version shall govern; (ii) consent to the transfer, storage and processing of your information, including any User Content or personal information, in and to the United States (“U.S.”) and/or other countries; and (iii) acknowledge and agree that Services derived or obtained from CounselMore may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, shall: (1) obtain any export, reexport, or import authorizations required by U.S. or your local laws; and (2) you understand that U.S. export control laws prohibit

the export of certain technical data and software to certain territories, and that no software available from the Services may be downloaded or exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.

Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.


Dispute Resolution; Arbitration

a. Dispute Resolution. If you have any dispute with us, you must first give us an opportunity to resolve the dispute by sending a written description of your claim to us at Support@CounselMore.com We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we acknowledge receipt of this claim

description, you may pursue your claim through binding arbitration as described below. 

b. Binding Arbitration. We each agree that, except as provided below and to the extent permitted by law, any and all claims or disputes in any way related to or concerning these Terms or our Services, including any billing disputes, will be resolved by binding arbitration. We each also agree that these Terms affect interstate commerce so that the Federal Arbitration Act and Federal Arbitration Law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a

court (including attorney fees).

c. Arbitration Procedure. Any dispute relating to these Terms or the Services that are not resolved by our dispute resolution process above may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS, unless specifically modified in these Terms. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order

of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

d. Class Action Waiver. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

e. Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.



DISCLAIMER OF WARRANTIES

a. THE SERVICES AND ALL RELATED LINKS AND CONTENT ARE PROVIDED “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, CounselMore DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You understand and agree that when you download from, or click on links or otherwise obtain content or services through, the “Services”, you do so at your own discretion and risk, and that CounselMore, its suppliers, partners and its licensors will have no liability or responsibility for any damage of any kind, whether to your computer system, your data or otherwise, that results from the download of, or linking to, such content or the use of the Services.

b. CounselMore DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES.

c. Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, some of the disclaimer above may not apply.


LIMITATION OF LIABILITY

a. CounselMore, ITS SUPPLIERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES, OR ANY HYPERLINKED WEBSITE, BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CounselMore OR CONTENT OR SERVICES ACCESSED THROUGH CounselMore OR ANY SUCH WEBSITE.

b. YOUR USE OF THE SERVICES AND ANY RELATED PRODUCTS IS AT YOUR OWN RISK. NEITHER CounselMore, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS OFFICERS, DIRECTORS, OR EMPLOYEES, NOR ANY OF ITS AGENTS, SUPPLIERS, LICENSORS OR PARTNERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY RELATED CONTENT OR PRODUCTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

c. CounselMore’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO $100.

d. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitations or exclusions may not apply.


CounselMore

The Blueprints to College Counseling

Comprehensive Assignments Package

Addendum to current Terms of Service & Usage Policy

Revision 6.1.21


CounselMore and its affiliates (“CounselMore”, “we”, “us” or “our”) is the operator of the website located at http://CounselMore.com and app.CounselMore.com and/or related mobile applications and online services (“Services”). Your use of the Services is subject to these Terms of Service (“Terms”), as well as CounselMore’s Privacy Policy, Copyright  Policy, Trademark policy and Usage Policy, all of which are incorporated by reference into these Terms. Please make sure that you read and understand these Terms. These Terms are a legal agreement between you and CounselMore that govern your use of the Services. By using the Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not create an account or use any of our Services.


By purchasing and subsequently using The Blueprints to College Counseling, CounselMore Comprehensive Assignments Package, you are agreeing to be bound by the following terms and conditions, terms of use,usage policy.

  • There are no refunds, credits or partial credits issued, no exceptions. 

  • Credit card chargebacks are regulated by the agreed upon Terms & Conditions of each CounselMore member. 

  • No guarantees of any kind are made regarding this product or any other products.

  • The Blueprints to College Counseling, CounselMore Comprehensive Assignments Package holds a certificate of registration with the U.S. Copyright Office. All rights reserved. The purchase you make is for your sole use with CounselMore proprietary software.

  • This product may not be reproduced, replicated, shared, downloaded, re-sold, printed for distribution once or again outside of the CounselMore application, other than for the express purpose of these documents in the course of business or service delivery.

  • This product is to be used by current members of CounselMore, for the express purpose of support tools within and to be used with the CounselMore software application.

  • Former and no longer members of CounselMore may not continue using a version, a likeness, or any familiarity of this product in any way.

  • This product or any other CounselMore product cannot be claimed by anyone or any other entity, it is the sole property of CounselMore et al.

  • The CounselMore name, brand, copyright, trademark may not be altered in any way. All branding must persist in all forms of use.

  • Known infringement of these terms will result in legal action and ethics violation reporting to all known and unknown, member or non-member associated agencies governing the college counseling ecosystem.

  • The purchase of this product is an affirmative agreement to all terms contained herein.

  • A complete terms and conditions and usage policy document is presented and agreed to by the CounselMore user in multiple interactions: at the time of application registration, at  the time of application purchase, at the time of all subsequent purchases.


Price, Purchase, Payment, refunds, pro-rating

  • You must be an active member to purchase the The Blueprints to College Counseling, CounselMore Comprehensive Assignments Package.

  • If you are not a current member of CounselMore, become an official member and receive membership benefits.  

  • The payment is a one-time payment applied to your credit card at the time of purchase.

    • Payment plans: Contact support@counselmore.com to arrange your payment plan. This is a monthly payment that will be applied to your account, in addition to your regular monthly account charge.

      • An eleven (11) month payment of $50 + $5 service fee applied to each month. A total of $55 per month for eleven months.

  • There is no pro-rating, no refunds, no guarantees. Please review your Terms & Conditions for General Payment, Refunds and chargeback policies.

  • Becoming a member, purchasing the The Blueprints to College Counseling, CounselMore Comprehensive Assignments Package and canceling your account within 12 months of purchase will result in the full cost being applied to your credit card on file $850. Please review your Terms & Conditions for refunds and chargeback policies.

General Payment, Refunds, Chargeback


There are no refunds or credits or partial credit issued. No exceptions will be made for equity among all users. See Chargebacks section below.


Total price includes any applicable sales tax. All sales are final. See Chargebacks section below.


You are responsible for the timely payment of all products and services you purchase through your account. All fees will be billed to the credit card or payment processing account you designate through your account. You must make any changes to your payment method online. Prices for any products and services offered via the Services may change at any time, and the Services do not provide price protection or refunds even if there is a price reduction or promotional offering.


Account Holder Credit Card CHARGEBACKs,  claims of FRAUD, UNRECOGNIZED TRANSACTIONS,  Penalties

The Account Holder has agreed to these Terms by checking the Agree box. This Agreement acknowledgement is presented to the Account Holder at multiple times prior and post transaction. The Account Holder chooses to Agree more than once prior to the transaction.


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes is in direct conflict with these agreed upon Terms. 


A copy of these Terms will be sent in response to any such claims/inquiries. Any and all fees and damages resulting in the Account Holder’s discredited actions will be billed to the Account Holder’s credit card on file.


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes will result in a ban from creating future accounts. These cases will be reviewed on a case-by-case consideration. 


Any attempt made by the Account Holder to reclaim paid funds through credit card company chargebacks, claims of Fraud or similar practices or disputes or termination of Service will result in the deactivation or deletion of Account Holder access, history, information, data belonging to the Account Holder and the forfeiture and relinquishment of any/all contributed Content. 

Upon termination, you also need to stop using any of our mobile applications, student portals, parent portals, and remove our mobile application(s) from all of your devices.


CounselMore reserves the right to refuse service to anyone for any reason at any time. CounselMore,  in its sole discretion, may also terminate or suspend your account or your use of the Services and or refuse any future service at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms, you have created any risks to CounselMore or its community, we have/can/will decide to stop providing the Services.


Copyright, Trademarks, Content and Intellectual Property

All content produced by CounselMore, specifically the Comprehensive Assignments package, is the sole property of CounselMore. Anyone who purchases the Comprehensive Assignments package, must comply with U.S. copyright law. Only CounselMore has intellectual property rights over any and all purchased materials.


The look and feel of the Service, specifically the Comprehensive Assignments package, is copyright ©2015 CounselMore, copyright ©2016 CounselMore, copyright ©2017 CounselMore, copyright ©2018 CounselMore, copyright ©2019 CounselMore, copyright ©2020 CounselMore, copyright ©2021 CounselMore, copyright ©2022 CounselMore. All rights reserved.


You may not duplicate, copy, or reuse any portion of CounselMore materials and claim as your own work or stake claim to any similar product. Any facsimile or familiarity will be considered in violation of this agreement. The Comprehensive Assignments package is purchased for the individual or Multi Counselor account owner’s sole company use. Permission is only granted to use said product within the CounselMore application with the express purposes of use, as stated in Terms of Service and Usage Policy.


Copyright Infringement remedy; a formal written request to cease and desist, a letter of compliance and a court of law in the San Francisco, California jurisdiction.


All materials available through the Services, including but not limited to derivative works based on User Content, and not provided by users of the Services are the property of CounselMore, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to CounselMore, or affiliated companies and/or third-party licensors.


Except in specifically identified products within Service, unless CounselMore provides written permission, all users regardless of title, agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software and/or materials CounselMore discloses to you.


You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Services, and you agree to reproduce and copy all such notices and legends on all copies of any part of the Services that you are allowed to make under these Terms, if any. Any rights not expressly granted in these Terms are reserved.

You may in no way use our Services to infringe or misappropriate any intellectual property rights of CounselMore, its users, and other third parties. You represent and warrant that your User Content does not infringe the intellectual property or other rights of third parties.


General Terms

a. You may not assign or otherwise transfer the Terms or any right granted hereunder. CounselMore may assign its rights under these Terms without condition. These Terms will be binding on and will insure to the benefit of the parties and their successors and permitted assigns.

b. You agree that any material breach of Sections 6 or 8 of the Terms will result in irreparable harm to CounselMore and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, CounselMore will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CounselMore seeks such an injunction.

c. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

d. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

e. CounselMore reserves the right at all times to disclose any information as CounselMore deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at CounselMore’s sole discretion.

f. You agree that CounselMore may provide notice to you via email, regular mail, or posting notices or links to notices on our website or through the Services.

g. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

h. These Terms constitute the entire agreement between CounselMore and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CounselMore, or by the posting by CounselMore or CounselMore notifying you of a revised version.


General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is only provided to paying account holders and is only available via email. Support@CounselMore.com

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CounselMore, or any other CounselMore service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CounselMore.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CounselMore customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds the average bandwidth usage (as determined solely by CounselMore) of other CounselMore customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce bandwidth consumption.

CounselMore does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that CounselMore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CounselMore has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of CounselMore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CounselMore and govern your use of the Service, superseding any prior agreements between you and CounselMore (including, but not limited to, any prior versions of the Terms of Service).

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.


Applicable Law

These Terms are governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence.


All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Mateo County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.


The Services are available to users globally. If you are located outside the U.S., you (i) acknowledge and agree that these Terms are only being offered in English, and that if there is any translation of this Agreement, the English version shall govern; (ii) consent to the transfer, storage and processing of your information, including any User Content or personal information, in and to the United States (“U.S.”) and/or other countries; and (iii) acknowledge and agree that Services derived or obtained from CounselMore may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, shall: (1) obtain any export, reexport, or import authorizations required by U.S. or your local laws; and (2) you understand that U.S. export control laws prohibit

the export of certain technical data and software to certain territories, and that no software available from the Services may be downloaded or exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.

Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.



DISCLAIMER OF WARRANTIES

a. THE SERVICES AND ALL RELATED LINKS AND CONTENT ARE PROVIDED “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, CounselMore DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You understand and agree that when you download from, or click on links or otherwise obtain content or services through, the “Services”, you do so at your own discretion and risk, and that CounselMore, its suppliers, partners and its licensors will have no liability or responsibility for any damage of any kind, whether to your computer system, your data or otherwise, that results from the download of, or linking to, such content or the use of the Services.

b. CounselMore DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (1) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SERVICES BY ANY PARTY, (2) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES.

c. Some jurisdictions do not allow disclaimer of implied warranties. In those jurisdictions, some of the disclaimer above may not apply.