Effective Date: August 23, 2016
Welcome to I Have a Plan Iowa™, a site owned and operated by XAP Corporation including its subsidiary Bridges Transitions Inc. (collectively, "XAP")(the "Site").
Description of Services; Use of Site
You are responsible for all software, hardware, services (such as Internet services), and other equipment necessary to access and use the Site, including related expenses, if any.
All information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, audio clips, audiovisual clips, text and data compilations, the overall "look and feel," computer code, and other content contained on or comprising the Site (collectively referred to hereafter as "Content") (and all present and future, copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein and applications and registrations therefore) are owned by, controlled by and/or licensed to XAP, and are protected by copyright, patent, and trademark laws, and various other intellectual property and unfair competition laws.
No part of the Site and no Content may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, modified, transmitted, sold, distributed, or otherwise exploited in any way, and you may not create derivative works based on or derived from the Site or its Content, without XAP's express prior written consent.
The editorial Content of this Site is available for informational and noncommercial uses only; provided, however, that permission is granted to copy electronically and print in hard copy portions of the Site for the sole purpose of applying to college or using this Site as a career and education planning and college preparatory resource. The editorial Content shall not be modified in any way, and all copyright and other notices on any screen shall be retained.
XAP is not responsible if any Content available on the Site is not accurate, complete, or current. XAP reserves the right to modify the Site and its Content at any time without notice, but has no obligation to update the Site or its Content. It is your responsibility to monitor changes to the Site and its Content.
XAP is a registered trademark of XAP Corporation in the United States. Other trademarks, product names, company names, and logos appearing in the Site are registered and unregistered marks of XAP and/or third parties and are the property of their respective owners. Unauthorized use of such marks is strictly prohibited.
Account, Password, and Security
You will receive a password and username upon completing the Site's registration process (or you may be given a username and password by a District or school administrator if your District or school sets your account up for you). You are responsible for maintaining the confidentiality of the password and username and are fully responsible for all activities that occur under your password and account, whether with or without your knowledge. You also agree to log out of your account at the end of each session. You agree to notify XAP of any unauthorized use of your account or any other breach of security. XAP may suspend or terminate your account in such event. XAP will not be liable for any loss or damage arising from your failure to comply with this section.
Links to other Sites
This Site may provide links to other World Wide Web sites or resources. These external resources are provided as a convenience to our users. XAP has no control over such external resources, and XAP is not responsible for and does not endorse the content of such external resources, including any information or materials contained therein. You are responsible for making your own independent judgment regarding your interaction with these external sites or resources. You link to such third-party sites and resources at your own risk.
APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances and in no event shall XAP Parties be liable, regardless of the cause or duration, for any errors, omissions, or other defects in the Site or Content contained within the Site, for any delay or interruption in the transmission thereof to you, for any malfunction of any service offered on the Site, or for any claims or losses arising therefrom or occasioned thereby. To the fullest extent permitted by applicable law, under no circumstances and in no event shall XAP Parties be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, multiple, or other damages arising out of or relating to your use of, or inability to use, the Site and/or its Content; from the delay or inability to use the Site or its Content; from any information, products, or services you obtain through the Site; or otherwise arising out of your access to and use of the Site, whether based in contract, tort, strict liability, or otherwise, even if XAP Parties have been advised of the possibility of damages.
Audit Rights and Enforcement
Your Discontinued Use
Notices and Electronic Communications
When you use the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. XAP may provide notices to you by sending them to the email address associated with your account. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on the Site, and any such notice shall be deemed received when you visit the Site after we post such a notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice that you send to XAP must be sent by mail to the following address or to such other address as we provide in a notice to you or on the Site: #350-100 Corporate Pointe, Culver City, CA 90230.
Governing Law and Jurisdiction
Any feedback you provide at this Site or otherwise to XAP shall be non-confidential. You represent and warrant that any feedback you provide is and shall remain exclusively owned or controlled by you and does and shall not violate the rights of or cause injury to any third party. XAP shall be free to use such feedback on an unrestricted basis, and you grant XAP an unrestricted, irrevocable, non-exclusive, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully-paid-up, perpetual, and worldwide license to use, reproduce, edit, adapt, publish, translate, create derivative works from, distribute, and display such feedback in connection with the Site or XAP's business generally (including for advertising and marketing purposes) and in connection with any media, whether now known or hereafter developed. XAP is under no obligation to use any feedback or to pay to use any feedback. You acknowledge and agree that XAP may have something similar already under consideration or development, and XAP will own all right, title, and interest in and to what it creates or develops without use of your feedback.