Last Updated 4/3/2020
Welcome to Tilt Access, LLC! Tilt Access, LLC (“Tilt”) is excited to support students during the college application process by providing students with a personalized task management tool. The following Terms of Service apply when utilizing Tilt’s services (“Services”). Please review the following contract carefully. Violation of the Terms of Service will result in your loss of access to Tilt’s Services.
THS AGREEMENT (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” or “YOUR”) AND TILT THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES AND ANY OTHER WEBSITE THAT IS OWNED OR OPERATED BY TILT WHICH LINKS TO THIS AGREEMENT OR OTHER SERVICES OFFERED BY TILT FROM TIME TO TIME.
You acknowledge that the Services, including all trademarks, service marks and logos, are owned by or licensed to Tilt and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Services, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Services. This Agreement does not transfer or convey any rights of ownership in or related to the Services, or intellectual property rights owned by Tilt to you.
We will add information to the Services provided by your School. This may include information such as Financial Aid Award Letters, SAT and ACT scores, GPA and any other information that the School may provide to us in connection with our Services. Tilt understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Certain information collected through your School that may be provided to Tilt that is directly related to a student and maintained by your School, may be considered an education record (“education record”) under FERPA.
You agree that you will not (and will not allow any third party to):
Tilt represents that it will comply with all applicable laws, including those related to protection of personally identifiable information stored and maintained through the Services.
Tilt may use education records that have been de-identified for product development, research or other purposes permitted by applicable law (“de-Identified data”), including:
Tilt agrees not to attempt to re-identify the de-Identified data and not to transfer the de-Identified data to a third-party unless that party agrees not to attempt re-identification.
Tilt implements and maintains commercially reasonable security practices appropriate to the nature of the personally identifiable information collected and maintained through the Services, in order to protect such information from unauthorized access, destruction, use, modification or disclosure. Such practices include, but are not limited to use of firewalls, encryption and authentication techniques. The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and Tilt shall not be responsible for security incidents not reasonably within its control.
The Services may contain areas in which you may post reviews or make comments. By using these areas, you acknowledge and agree that the User Content you provide in these areas may be available to other users. Tilt is not liable for any statements, representations or comments provided by its users in any public forum. Although Tilt has no obligation to screen, edit or monitor any of the comments posted to its Services, Tilt reserves the right to remove, edit or refuse to post such User Content you provide in these areas in its sole discretion.
You may also provide us with suggestions, comments or other feedback (“Feedback“) about our products and services. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Services.
The Tilt Services are not intended for use by children under the age of 13 and does not knowingly collect personal information from children under 13 years of age. If you believe that your child may have provided us with personal information without your consent, you may contact us at email@example.com. If we learn that we have collected Personal Information of a child under 13 we will take steps to delete such information from our files as soon as possible.
Tilt may add, change, discontinue or remove any portion of the Services at any time, without notice.
THE SERVICES IS PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, TILT AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED.
TILT ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE TILT PLATFORM, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICES’ ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES, ANY CONDUCT BY OTHER USERS ON THE SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT TILT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TILT HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE TILT OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We will provide you any notices regarding the Services by posting the notice on the Services, as applicable, or by sending to you by e-mail to the email address you maintain as part of your account.
We control the Services from our offices within the United States. We make no representation that the Services is appropriate, legal or available for use in other locations. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the Services shall be governed by the laws of the State of Illinois, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Chicago, IL.
If you believe that materials hosted by Tilt infringe your copyright, you (or your agent) may notice requesting that the materials be removed. Notice must be provided in writing and must include the following information:
Notices should be sent to: firstname.lastname@example.org