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.