RU READY ND TERMS OF USE
Last Updated: June 27, 2024
Welcome to RU Ready ND, a site owned and operated by XAP LLC
("XAP") (the "Site").
By using the Site or other XAP services, you agree to the
following terms and conditions ("Terms of Use"), which may be
updated by us periodically. Your continued use of the Site
following the posting of any change to the Terms of Use means that
you accept and agree to abide by these terms as so changed. Please
review the Terms of Use from time to time, so you will be aware of
any changes. You can review the most current version at any time
at: http://RUReady.nd.gov/Home/terms.aspx.
As long as you abide by the Terms of Use, XAP grants you a
personal, non-exclusive, non-transferable, limited privilege to use
this Site.
Description of Services
We provide users with access to an extensive collection of
career and education planning and college preparatory resources
including but not limited to various applications, planners, a
portfolio, and search capabilities ("Service"). We provide the
Service "AS-IS" and may modify or terminate our services without
notice to you or any user. In addition, should you use the Site or
any content for any purpose that is unlawful or prohibited by these
Terms of Use, we reserve the right to suspend or terminate your
account and refuse any and all current or future use of any portion
of the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, artwork, and computer code
contained on the Site are owned, controlled or licensed by or to
XAP, and are protected by copyright, patent, and trademark laws,
and various other intellectual property rights and unfair
competition laws.
No part of the Site and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, or distributed in any way to any other
computer, server, website, or other medium for publication or
distribution or for any commercial enterprise, without XAP's
express prior written consent.
The editorial content of this Site is available for
informational and non-commercial 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 a registered trademark of XAP LLC. Reg. U.S. Pat.& TM
Off. All other trademarks, product names, company names, and logos
appearing in the Site are the property of their respective
owners.
Privacy Policy
To access certain areas or features of the Site, you may be
required to establish an account on the Site and to provide XAP
with certain information about yourself. XAP will maintain the
privacy of your information in the manner and to the extent set
forth in our privacy policy. For more information, please review
our full privacy policy for the Site at http://RUReady.nd.gov/Home/privacy.aspx.
Account, Password, and Security
You will receive a password and username upon completing the
Site's registration process. 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. You agree to notify XAP of any unauthorized use of your
account or any other breach of security. 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.
Disclaimer
YOU MAY USE THIS SITE AND ITS CONTENTS ONLY AT YOUR OWN AND SOLE
RISK. XAP IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR
ITS CONTENTS. XAP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
REGARDING THIS SITE AND ITS CONTENTS INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY OTHER IMPLIED
WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE
USAGE. IN ADDITION, XAP DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR
CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. PORTIONS
OF THE CONTENT OF THIS SITE ARE PROVIDED AND UPDATED BY THIRD
PARTIES. FURTHER, XAP DOES NOT WARRANT THAT THE FUNCTIONS PRESENTED
ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION
OF YOUR COMPUTER AND ASSOCIATED EQUIPMENT. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR OTHERWISE, OBTAINED BY YOU THROUGH
THIS SITE, ANY OTHER WEBSITE OPERATED BY XAP OR ANY SERVICE
ACCESSED THROUGH ANY SUCH WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF USE.
APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
THIS SERVICE CONTAINS GOOGLE TRANSLATE. GOOGLE DISCLAIMS ALL
WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. (https://translate.google.com/)
Indemnification
You agree to indemnify and hold harmless, and at XAP's request,
defend XAP and its agents, employees, directors, and officers from
and against any and all demands, liabilities, losses, costs, and
expenses (including reasonable attorneys' fees and costs) made by
any third party due to or in connection with your use of this
Site.
Limitation of Liability
Under no circumstances and in no event shall XAP and those
providing information or content to the Site, and their respective
agents, employees, directors, officers, and licensors (collectively
"XAP Parties"), be liable, regardless of the cause or duration, for
any errors, omissions, or other defects in the information
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. Under no circumstances and in no event shall
XAP Parties be liable for any direct, indirect, incidental, special
consequential, punitive, or exemplary damages arising out of or
relating to your use of, or inability to use, the Site.
Miscellaneous
These Terms of Use will be governed by and construed in
accordance with the laws of the State of California,
notwithstanding your actual state or country of residence. By using
this Site you hereby consent to the exclusive personal jurisdiction
and venue of the Federal Courts of the United States of America or
the State Courts of the State of California located in Los Angeles
County, California.
Any feedback you provide at this Site shall be deemed to be
non-confidential. XAP shall be free to use such information on an
unrestricted basis.