Terms and Conditions
Last Updated: Oct 1, 2022
These terms and conditions ("Terms") apply to your use and access of web sites owned and operated by Collegelama Inc., dba Comet (“Comet”), including www.applywithcomet.com and my.applywithcomet.com (together the “Comet Sites”). By using a Comet Site and/or creating an account on a Comet Site, you accept these Terms. Comet may revise these Terms at any time by updating them as they are displayed on the Comet Sites. We are not required to contact you prior to changing these Terms. You should visit this page periodically to review these Terms, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals or entities accessing this Comet Site.
USE OF COMET SITES
PERMITTED USE AND USE RESTRICTIONS
Comet authorizes you to view and access Comet Sites solely for your personal, non-commercial use to aid in your college search, application and matriculation process ("Permitted Use"). Your Permitted Use of the Comet Sites is conditioned upon the following restrictions:
You agree that you will not, under any circumstance:
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
Use any Comet Site for any purpose that violates any applicable U.S. federal, state or foreign law;
Attempt to, or harass, abuse or harm another person or group;
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 robot exclusion headers or other 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;
Copy or adapt any of the Web Site Content (defined below) or the underlying code with respect to any portion of any Comet Site or the content appearing therein;
Use any Comet Site to violate the privacy (e.g., by improperly accessing Personal Information) or infringe the intellectual property rights of any third party;
Use any device, software or routine to interfere or attempt to interfere with the proper working of any Comet Site;
Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Comet Site other than the search engine and software available from Comet on such Comet Site and other than generally available third party web browsers;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithm related to any Comet Site;
Attempt to compromise the security or privacy of another Comet user's personal information;
Aggregate, copy or duplicate any of the Web Site Content or information available from any Comet Site;
Intercept or access data the user is not authorized to access;
Attempt to scan the vulnerability of a system or network or to breach security or authentication measures without Comet's prior express written authorization;
Create a false identity, misrepresent your identity, impersonate another person, create a profile for anyone other than yourself (a real person), or use or attempt to use another person’s account; or
Collect, store or use any information from or about another User, other than to provide aid to such User or as otherwise authorized and intended by such User;
Stalk or harass any other User;
Distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
Attempt to interfere with service to any user, host or network, including transmitting a virus to any Comet Site or similar malicious activity.
Further, you may not:
Access, copy, distribute, share, publish, use or store any User Content, including any information from or about any other User, for purposes that are inconsistent with these Terms or our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any User Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Comet Sites;
Access, copy, distribute, share, publish, use or store, or prepare derivative works from any Website content or User Content that belongs to Comet, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
Share your login credentials or transfer your account to another party without written consent from Comet;
Circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Comet Sites if your account has been suspended or canceled or you have otherwise been temporarily or permanently prohibited or blocked from using the Comet Sites;
Access, search, collect information from, or otherwise interact with the Comet Sites by “scraping,” “crawling” or “spidering” the Comet Sites, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Comet, unless you have been specifically authorized to do so in a separate agreement with Comet;
Use, display, mirror or frame the Comet Sites, or any feature, functionality, tool or content of the Comet Sites, Comet’s name, any Comet trademark, logo or other proprietary information, without Comet’s express written consent;
Interfere with, disrupt, damage or compromise the Comet Sites or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail- bombing the Comet Sites or otherwise imposing an unreasonable or disproportionately large load on the Comet Sites;
Access, tamper with or use non-public areas of any of the Website, Comet’s computer systems, or the technical delivery systems of Comet’s providers;
Probe, scan, or test the vulnerability of any system or network of Comet or its providers, or breach or circumvent any security or authentication measures of such system or network;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Comet or any of Comet’s providers or any other third party to protect the Website;
Forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Comet Sites to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Comet Sites;
Export or re-export the Comet Sites, except in compliance with the export control laws and regulations of any relevant jurisdictions;
Otherwise abuse the Comet Sites, or breach the terms; or attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
No person or entity may have more than one active account at any given time. You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using the Comet Sites at any time for any reason, and (ii) screen or delay the posting or delivery of your content.
Comet reserves the right to suspend or terminate your account or your access to the Comet Sites if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, out-dated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “Permitted Use and Use Restrictions”, “User Content”, and “Interaction with Other Users” section below and elsewhere in the Terms.
If your account is deactivated or canceled, Comet will have the right, but not the obligation to delete your content. If Comet has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Comet’s reasonable satisfaction.
RESTRICTIONS ON ESSAY REVIEWS
Essay reviews must be used for personal undergraduate college application or scholarship essays only. They must be essays that you fully intend to submit to a university or institution to represent you on your application.
All credits including UNLIMITED Essay Review Package credits must not be shared with or transferred to any other third party or user. You are prohibited from uploading third party essays for review.
All credits purchased (including unlimited credits package) expire June 1st of the user's high school graduation year or 15 months after purchase, whichever is sooner.
PROPRIETARY RIGHTS
You acknowledge and agree that Comet, and our licensors, retain ownership of all intellectual property rights of any kind related to the Comet Sites. This shall include applicable copyrights (including text, images, graphics, logos, links, button icons, software and other content), trademarks and other proprietary rights (collectively, "Web Site Content"). Other product, company or educational institution names that are mentioned on the Comet Sites may be trademarks of their respective owners. Use of any Comet trademark or any other trademark listed is prohibited without express written consent.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Comet Sites, whether orally, graphically, in writing or otherwise, should not necessarily be relied upon. Authors of such information are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Comet Sites and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, statement or information made or provided by parties other than the Company. The Company takes no responsibility and assumes no liability for any content on the website. Under no circumstances will the Company be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to you.
PRIVACY POLICY
Comet respects the privacy of website users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Comet Sites, you signify your agreement to this Privacy Policy.
USER CONTENT
Through the use of Comet Sites, you may, from time to time, submit, upload, publish, or otherwise make available to Comet, your content, reviews, feedback, and other information ("User Content"). Any User Content provided by you remains your property, and any Personal Information that you submit as part of User Content shall be subject to Comet’s Privacy Policy, referenced above.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to deliver the User Content to Comet and to grant Comet the license to the User Content as set forth below; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Comet’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of personality, publicity or privacy, or any moral rights, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that (i) is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, deceptive, or otherwise offensive, as determined by Comet in its sole discretion, whether or not such material may be protected by law, (ii) advertises funds, goods or services or contains viruses or other material that may damages another's computer, (iii) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or (iv) otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions". Comet may, at its sole discretion, review, monitor, or remove User Content, at any time and for any reason, without notice to you. However, Comet is under no obligation to review, monitor or remove User Content.
Finally, by providing User Content, you grant Comet and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, record, translate, create derivative works from and distribute the User Content or incorporate the User Content into any form, medium, or technology now known or later developed, for any purposes.
AGE REQUIREMENT
Comet Sites and the services offered on them 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 with your parent or guardian to confirm that you and your parent or guardian understand and agree to it.
PASSWORD
When you register at certain Comet Sites, you may be asked to create a password for future access to your Comet Site account. You must maintain the confidentiality of your password as you are responsible for all activity that occurs under your account when authenticated with your password. You agree to notify Comet immediately of any unauthorized use of your account or password, or any other breach of security. If you lose your password, Comet may email your password to the email address in our records and associated with your account. Comet is not liable for any misuse as a result thereof.
VIOLATION OF THESE TERMS
Any violation of these Terms as determined by Comet in its sole discretion may result in the immediate denial of access to the Comet Sites. Comet may take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder or user whose access is blocked or terminated.
INTERACTION WITH OTHER USERS
The Comet Sites may contain chat rooms, public posting forums, interactive live events, and other forums and features permitting direct communications with other users and Comet staff or advisors (each a "Public Access Area" and collectively the "Public Access Areas"). Any information provided by you in Public Access Areas is public. Comet is not responsible for any information posted and/or viewed in Public Access Areas. You may not post content to Public Access Areas that violates any applicable law, contains offensive or abusive content, infringes any third party intellectual property rights, advertises or solicits funds, goods or services, contains viruses or other material that may damages another's computer, or otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions".
Comet may remove any content from any Public Access Area at any time, without notice. By posting in Public Access Areas any content authored or owned by you, you automatically waive all rights to any intellectual property that may be contained in such posting and, if for any reason that waiver is determined to be invalid, you grant to Comet and its affiliates a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purposes.
The Comet Sites may also contain features permitting you to post content to the Sites for private review and feedback by other users and by Comet personnel, such as review of essays by Comet essay specialists (each a "Private Review Area" and collectively the “Private Review Areas”). Comet may use algorithms to automatically match requests for review of content to potential reviewers. Comet is not responsible for any information posted, viewed, reviewed or commented on using the Private Review Areas. You may not post content to the Private Review Areas that violates any applicable law, contains offensive or abusive content, infringes any third party intellectual property rights, advertises or solicits funds, goods or services, contains viruses or other material that may damages another's computer, or otherwise violates any of the restrictions set forth in the section of these Terms titled "Permitted Use and Use Restrictions". All content posted to the Private Review Areas must be your original materials and ideas and must not infringe the intellectual property rights of others.
You understand that by posting your content to either or both the Public Access Areas and Private Review Areas, a user could plagiarize your materials. While this is a violation of our community guidelines and these Terms, Comet has no control over such activity and disclaims any obligation to police, monitor or take any action relating to such plagiarism. Further, while submission of content to the Public Access Areas and/or Private Review Areas does not require you to provide any personal information, you acknowledge that your content may include information that might expose your identity as a result of such content. If you are concerned about such exposure you should take efforts to modify your content so you are not potentially subject to such exposure or you should consider whether or not use of the Public Access Areas and/or Private Review Areas is appropriate for you.
You further acknowledge that additional terms and conditions may apply to the use of the Public Access Areas and Private Review Areas, including frequency of use of the Public Access Areas or Private Review Areas and community guidelines relating to plagiarism, appropriate content, and helpful feedback. We reserve the right to restrict your ability to access the Public Access Areas and Private Review Areas for any reason, with or without notice, including for violation of these Terms or the community guidelines.
By using the Public Access Areas and Private Review Areas, you grant to Comet the right to use your content to improve the services and features offered by Comet. We may, among other uses, utilize your content in an aggregated, anonymized manner to implement and develop features for the site and to develop metrics based on your usage of these features.
Comet disclaims all responsibility for the quality, timeliness, appropriateness and value of any content, information or review provided to you through the Public Access Areas and Private Review Areas and the use of your content by reviewers of content. You agree that you are using the Public Access Areas and Private Review Areas at your sole risk.
COMET NETWORK
You agree that you will only submit true, correct, and original profile information. You acknowledge that, subject to the restrictions set forth herein, it is your decision as to whether or not to share your profile. You may not post content that violates any applicable law, or infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity.
You understand that your use of Comet Network is not a guarantee that an educational institution will admit you. Comet takes no responsibility for the decisions made by the institutions. Comet only serves as the coordination platform to connect you to educational institutions to engage in discussions with admissions officers and other stakeholders in the admission process. The decisions surrounding your admittance, enrollment, and financial aid packages, are entirely at the discretion of the educational institution and you. Comet provides no guarantee that you will be accepted, that you will enroll, or that the final tuition bill will be reduced at the institution at which you choose to matriculate. Comet has no liability if your correspondence with the educational institution is not received or is only partially received. It is your responsibility to confirm with the educational institution that your correspondence has been received.
You further acknowledge that additional terms and conditions may apply to the use of Comet Network, including community guidelines, appropriate behavior, and helpful feedback. We reserve the right to restrict your ability to access Comet Network for any reason, with or without notice, including for violation of these Terms or the community guidelines.
By using Comet Network, you grant to Comet the right to use your content to improve the services and features offered by Comet. We may, among other uses, utilize your content in an aggregated, anonymized manner to implement and develop features for the site and to develop metrics associated with Comet Network.
NO WARRANTIES
Comet Sites are a venue for students and their parents to learn about colleges and universities, the admissions process, financial aid alternatives, and other college admissions topics and for representatives of colleges and universities to learn about and interact with students. Comet does not control, and is not involved in, admissions or financial aid decisions or negotiations or the admission process between colleges, universities and students. Comet is not responsible for transactions with advertisers appearing on a Comet Site or in newsletters or between students and representatives from colleges and universities.
The Web Site Content may contain inaccuracies or typographical errors. Comet makes no representations about the accuracy, reliability or completeness, of any Comet Site or the Web Site Content or the timeliness of any services therein provided. The use of the Comet Sites and the Web Site Content is at your own risk. Changes are periodically made to the Comet Sites. While we will endeavor to make these changes at a time least likely to interfere with your use of any Comet Site, such changes may be made at any time. You should always confirm Web Site Content with original sources (e.g. confirming application deadlines for a specific university with that specific university).
Certain Web Site Content may contain information about paying for college, financial aid and related tax or legal consequences. You understand that this content is provided for informational purposes only and is not a substitute for professional advice from qualified practitioners. You should always seek professional advice tailored to your individual circumstances.
Certain portions of the Web Site Content may indicate to you your likelihood of admission to a particular college or university. Such services are for directional purposes only and should not be relied upon in your college search process. Always talk to experts such as college admissions personnel and high school counselors if you are unsure of your chances of admission to a particular college or university. You assume all risks regarding your use of this tool and understand that any decision to apply or not to apply to any particular college or university and the resulting consequences are your sole responsibility.
THE COMET SITES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COMET EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE COMET SITES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMET MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE COMET SITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE COMET SITES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMET, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS USE OR DATA, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE COMET SITES OR THE WEB SITE CONTENT; (B) THE COMET SITES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE COMET SITES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH Comet OR BETWEEN YOU AND ANY THIRD PARTY THROUGH THE Comet SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LINKS TO OTHER SITES AND/OR MATERIALS
On the Comet Sites, Comet may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Comet Site users. Comet has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Comet, and Comet is not responsible for any Third Party Sites accessed through the Comet Sites or any Third Party Applications, Software or Content posted on, available through or installed from the Third Party Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Comet. If you decide to leave the Comet Sites and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Comet Sites or relating to any applications you use or install from the site.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms and any purported assignment is null and void. You also agree not to make any unauthorized commercial use of any Comet Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless Comet, its members, officers, directors, employees and agents, from and against any claims, actions or demands, including reasonable legal and accounting fees, arising out of the use of any Comet Site by you or any account you created. Comet will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. Comet reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you must provide Comet with any cooperation Comet reasonably requests.
MODIFICATION OF TERMS
These Terms may be amended at any time and from time to time, by a revised posting on this page and updating the Last Updated date. We do not undertake any obligation to otherwise notify you of such amendment. If you continue to use the Comet Sites, you signify your agreement to our revisions to these Terms. All provisions of these Terms that by their nature must survive the termination of your use of a Comet Site will survive, including the Limitation on Damages and Indemnity.
GENERAL TERMS
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Comet to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any cause of action related to or arising out of your relationship with Comet must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Comet Sites are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.
Comet makes no claims that any Comet Site or the Web Site Content may be lawfully viewed or accessed outside of the United States. If you access a Comet Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Comet may assign or delegate these Terms and/or Comet’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Comet’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS.