CSU - The California State University
Skip Navigation

CSUMentor Terms Of Use

Welcome to CSUMentor, a site owned and operated by Xap Corporation and The California State University (the "Site" — www.csumentor.edu).

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://www.csumentor.com.

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 college preparatory resources including but not limited to various applications, planners, 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 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 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 and Mentor are registered trademarks of XAP Corporation. 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://www.csumentor.com/privacy.asp.

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.

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.

Electronic Data Notice

Govt. Code
11015.5. (a) On or after July 1, 2001, unless otherwise authorizedby the Department of Information Technology pursuant to Executive Order D-3-99, every state agency, including the California State University, that utilizes any method, device, identifier, or other data base application on the Internet to electronically collect personal information, as defined in subdivision (d), regarding any user shall prominently display the following at least one anticipated initial point of communication with a potential user, to be determined by each agency, and in instances when the specified information would be collected:
    (1) Notice to the user of the usage or existence of the information gathering method, device, identifier, or other data base application.
    (2) Notice to the user of the type of personal information that is being collected and the purpose for which the collected information will be used.
    (3) Notice to the user of the length of time that the information gathering device, identifier, or other data base application will exist in the user's hard drive, if applicable.
    (4) Notice to the user that he or she has the option of having his or her personal information discarded without reuse or distribution, provided that the appropriate agency official or employee is contacted after notice is given to the user.
    (5) Notice to the user that any information acquired by the state agency, including the California State University, is subject to the limitations set forth in the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code).
    (6) Notice to the user that state agencies shall not distribute or sell any electronically collected personal information, as defined in subdivision (d), about users to any third party without the permission of the user.
    (7) Notice to the user that electronically collected personal information, as defined in subdivision (d), is exempt from requests made pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
    (8) The title, business address, telephone number, and electronic mail address, if applicable, of the agency official who is responsible for records requests, as specified by subdivision (b) of Section 1798.17 of the Civil Code, or the agency employee designated pursuant to Section 1798.22 of that code, as determined by the agency, who is responsible for ensuring that the agency complies with requests made pursuant to this section.
    (b) A state agency shall not distribute or sell any electronically collected personal information about users to any third party without prior written permission from the user, except as required to investigate possible violations of Section 502 of the Penal Code or as authorized under the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). Nothing in this subdivision shall be construed to prohibit a state agency from distributing electronically collected personal information to another state agency or to a public law enforcement organization in any case where the security of a network operated by a state agency and exposed directly to the Internet has been, or is suspected of having been, breached.
    (c) A state agency shall discard without reuse or distribution any electronically collected personal information, as defined in subdivision (d), upon request by the user.
    (d) For purposes of this section:
    (1) "Electronically collected personal information" means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a state agency by a user, whether electronically or in written form, and information on or relating to individuals who are users serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.
    (2) "User" means an individual who communicates with a state agency or with an agency employee or official electronically.
    (e) Nothing in this section shall be construed to permit an agency to act in a manner inconsistent with the standards and limitations adopted pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) or the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code).

Civil Code
1798.17. Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with the individual is of a regularly recurring nature, an initial notice followed by a periodic notice of not more than one-year intervals shall satisfy this requirement. This requirement is also satisfied by notification to individuals of the availability of the notice in nnual tax-related pamphlets or booklets provided for them. The notice shall include all of the following:
    (a) The name of the agency and the division within the agency that is requesting the information.
    (b) The title, business address, and telephone number of the agency official who is responsible for the system of records and who shall, upon request, inform an individual regarding the location of his or her records and the categories of any persons who use the information in those records.
    (c) The authority, whether granted by statute, regulation, or executive order which authorizes the maintenance of the information.
    (d) With respect to each item of information, whether submission of such information is mandatory or voluntary.
    (e) The consequences, if any, of not providing all or any part of the requested information.
    (f) The principal purpose or purposes within the agency for which the information is to be used.
    (g) Any known or foreseeable disclosures which may be made of the information pursuant to subdivision (e) or (f) of Section 1798.24.
    (h) The individual's right of access to records containing personal information which are maintained by the agency.
    This section does not apply to any enforcement document issued by an employee of a law enforcement agency in the performance of his or her duties wherein the violator is provided an exact copy of the document, or to accident reports whereby the parties of interest may obtain a copy of the report pursuant to Section 20012 of the Vehicle Code.
    The notice required by this section does not apply to agency requirements for an individual to provide his or her name, identifying number, photograph, address, or similar identifying information, if this information is used only for the purpose of identification and communication with the individual by the agency, except that requirements for an individual's social security number shall conform with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).

1798.18. Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness.
    Such standard need not be met except when such records are used to make any determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.

1798.19. Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall cause, consistent with its authority, the requirements of this chapter to be applied to those records. For purposes of Article 10 (commencing with Section 1798.55), any contractor and any employee of the contractor, if the contract is agreed to on or after July 1, 1978, shall be considered to be an employee of an agency. Local government functions mandated by the state are not deemed agency functions within the meaning of this section.

1798.20. Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure, or maintenance of records containing personal information and instruct each such person with respect to such rules and the requirements of this chapter, including any other rules and procedures adopted pursuant to this chapter and the remedies and penalties for noncompliance.

1798.21. Each agency shall establish appropriate and reasonable administrative, technical, and physical safeguards to ensure compliance with the provisions of this chapter, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity which could result in any injury.

1798.22. Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this chapter.

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.

Copyright © 1997-2015 XAP Corporation. All rights reserved. XAP and Mentor are registered trademarks of XAP Corporation. Reg. U.S. Pat. & TM Off. Use of this website constitutes acceptance of the XAP Terms of Use and Privacy Policy.