Terms of Use

Last updated: April 8, 2022

Acceptance of Terms

College Promise, a sponsored project of Rockefeller Philanthropy Advisors, Inc. (collectively “we”, “us”, or “our”) makes mypromisetool.org and collegepromise.org and their associated content, features, and services (collectively the “Websites”), available to visitors to the Websites (“you” or “your”) subject to the conditions set forth in these Terms of Use and our Privacy Policy (which is incorporated into and made a part of the Terms of Use).

We reserve the right to periodically revise these Terms of Use. You can determine whether the Terms of Use have been modified since your last visit by checking the “Last updated” legend posted at the top of the Terms of Use.

Consent to Communications

To access certain portions of the Websites or some of the resources they offer, you may be asked to provide certain personal information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Some features may require you to accept email or text communications. By enrolling in these features and providing your email or cell phone number, you consent to receive these communications. If you no longer wish to receive email or text communications, you may notify us by replying STOP to cancel text communications and UNSUBSCRIBE to cancel email communications.

Restrictions on Your Use

You may not perform, or cause to be performed, the following activities:

license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Websites;
use the Websites for any unlawful purpose;
violate our intellectual property rights or the intellectual property rights of others;
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
submit false or misleading information;
access or attempt to access another user’s account;
upload or transmit viruses or malicious code that may be to adversely affect the functionality or operation of our Services, our website, or any third-party website;
interfere with or circumvent the security features of our Services, our website, or any third-party website.
collect or track the personal information of others; or
spam, phish, pharm, pretext, spider, crawl, or scrape.

Intellectual Property

Our Websites and their features contain text, audio, video, and visual content that is protected by the intellectual property laws of the United States and other countries. You agree to abide by all intellectual property laws and not steal or use without permission another’s intellectual property.

The trademarks, service marks, logos, and trade names displayed on the Websites (collectively the “Marks”) are the registered and unregistered trademarks of RPA, its licensors and suppliers, and others. All Marks on RPA not owned by RPA are the property of their respective owners. You may not use any of our Marks without our written consent.

We grant you a revocable, limited license to copy reprint, publish, reproduce, or otherwise display materials created by RPA and made available through RPA (collectively, the “RPA Works”), subject to the following conditions and limitations:

The Websites are available to you only for personal, non-commercial purposes.
You must attribute all RPA Works to Rockefeller Philanthropy Advisors and provide a link to the URL from which you obtained the material.
Any article, video, data, or other materials that you reprint or otherwise reproduce must be displayed with its by-line.
You may copy reprint, publish, reproduce, or otherwise display materials created by RPA and made available through RPA (collectively, the “RPA Works”) on the condition that you attribute those materials to RPA or Rockefeller Philanthropy Advisors, as applicable, and provide a link to the RPA website (https://www.rockpa.org/). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable
Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by RPA. You may not distribute any material produced by RPA over any network, including a local area network, nor sell or offer it for sale.
If you breach any of these terms, we reserve the right to withdraw your license to republish or otherwise display our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

If you submit any reviews, suggestions, complaints, or other feedback (collectively, “Submissions”), you agree that we may, at any time and without restriction, edit, publish, translate, and otherwise use your Submissions to promote our website.

Third Party Links and Content

Much of the information made available on or through the Websites is provided by third parties or other RPA visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on RPA does not indicate any approval or endorsement by RPA or verification of its accuracy.

We may provide links to third-party Websites. These Websites are not controlled or owned by us. If you access a third-party link, you do so at your own risk. We are not responsible for the content or accuracy of third-party Websites. You agree that these Terms of Use do not apply to any third-party links.

RPA disclaims all liability that may arise from your use, reliance, or access to Third-Party Content or Third-Party Links.

Claims of Copyright Infringement (DMCA Take-Down Notice)

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by RPA infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices concerning RPA should be sent to: info@rockpa.org.

Disclaimers.

THE WEBSITES ARE PROVIDED “AS IS” AND AVAILABLE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITES OR ANY INFORMATION OR CONTENT FOUND ON THE WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITES WILL BE CORRECTED, THAT THE WEBSITES WILL BE VIRUS-FREE.

Limitation of Liability

NEITHER RPA, NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES.

Indemnification

You agree to defend, indemnify, and hold harmless RPA, and our directors, officers, employees, and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise out of or from A) your activities in connection with the Websites; B) your violation of these Terms of Use; or C) your violation of any law or the rights of any third party.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Jurisdiction

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and hereby agree to accept informal service of process, and waive all requirements for formal service of process, relating to any such suit, action or proceeding against you.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by RPA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RPA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RPA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

These websites are operated by Rockefeller Philanthropy Advisors, 6 West 48^th St., New York, NY 10036. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@rockpa.org.