WEBSITE AND MOBILE APPLICATION TERMS OF USE

Please carefully read the following terms of use (the “Agreement”) for the Flare LLC Inc. Website
(the “Site”), and the Flare LLC Inc. mobile application (the “Application”) before using the Site
and/or Application. This Agreement is between you (“you”, “User”) and Flare LLC Inc.
(“Company”, “we”, “us”) concerning your use of the Site and/or the Application, including but
not limited to the Services (defined below) and the Content (defined below). Your use of the Site
and/or the Application is subject to the terms contained herein. By accessing and using the Site
and/or the Application, you agree (i) that you have read and understand this Agreement; (ii) to be
bound by the terms of the Agreement set forth herein; and (iii) that your use of the Site and/or
Application will conform to the terms of this Agreement.

1. Ownership. The Site and Application are owned and operated by Company. All right,
title, and interest in any and all content, including but not limited to information, images,
photographs, data, databases, graphics, audio, video, and other materials appearing or
included on the Site and/or Application (collectively, the “Content”) is proprietary to
Company and its affiliates.
2. Content and Services. The Site and Application offer certain services, products,
information, and/or other materials (the “Services”) with regard to applying, and paying
for colleges. The Site, Application, Services, Content and any other materials contained
therein are provided for illustrative purposes only, and solely for your convenience. The
Site, Application, Services, Content and any other materials contained therein are not
offered as, and do not constitute, any legal, professional, or other advice. The Site,
Application, Services, Content and any other materials contained therein are not intended
as a substitute for professional advice. The Site, Application, Services, Content and any
other materials contained therein do not contain all information available on any subject,
and have not been created or offered to be specific to any individual’s or organizations’
situation or needs. Therefore, the Site, Application, Services and Content any other
materials contained therein provided therein should not serve as the ultimate source of
any subject, and should not be relied upon as the basis for any decision or action.
3. Intellectual Property. The Site, Application, Services, Content and any other materials
contained therein, in whole or in part, are protected by intellectual property laws,
including but not limited to laws regarding trademarks, copyrights, patents, and trade
dress.
3.1 Trademark. The trademarks and logos used on the Site and/or Application are
exclusively owned by Company or are used with permission from the owner of
such trademark or logo. “Flare ” is a trademark of Company or is used with
permission from the respective owner.
3.2 Copyright. Company or Company affiliates exclusively own(s), or has
permission from the respective owners to use materials protected by, the
copyright to all rights, title, and interest in the Site, Application, Services, Content
and any other materials contained therein , in whole or in part.
4. Restriction of Use. Except as set forth herein, no copyrightable material, Content, or
other content may be modified, copied, reproduced, posted, transmitted, displayed,
transferred, performed, or sold, and derivative works cannot be created utilizing such
copyrightable material, Content, or other content, without the express prior written
consent of Company or the respective copyright owner.
5. Use License. Permission is granted to temporarily download one (1) copy of the Content
on the Site and/or Application for personal, non-commercial transitory viewing only.
This is the grant of a non-exclusive license, and not any transfer of title.
6. User Conduct. The permission granted to you in Section 5 of this Agreement requires
that you comply with all applicable laws, rules, and regulations while using the Site
and/or Application, or the Services, Content and any other materials contained therein,
and all of the terms of this Agreement, including the following User conduct guidelines.
By accessing or using the Site and/or Application, you acknowledge and agree that you
will not:
(i) Modify or copy the Site, Application, Content or any other materials contained
therein;
(ii) Use the Site and/or Application for any fraudulent or unlawful purpose;
(iii) Use the Site, Application, Content, or any other materials contained therein for
any commercial purpose, or for any public display (commercial or noncommercial);
(iv) Attempt to decompile or reverse engineer any software contained in the Site
and/or Application;
(v) Remove any copyright or other proprietary notations from the Site, Application,
Content, or any other materials contained therein;
(vi) Transfer the material to another person or entity, or “mirror” the Site, Application,
Content, or any other materials contained therein on any other server; or
(vii) Interfere with or disrupt the operation of the Site and/or Application or the servers
or networks used to make the Site and/or Application available to you and the
general public.
7. Disclaimer and Limitation of Liability.
7.1 The information and materials included on the Site and Application are provided
"as is" and any use of the Site, Application Content, Services, or any other
materials contained therein are at your sole risk.
7.2 Company makes no warranties, expressed or implied, and hereby disclaims and
negates all other warranties, including without limitation, implied warranties or
conditions of merchantability, fitness for a particular purpose, or noninfringement
of intellectual property or other violation of rights.
7.3 Company does not warrant or make any representations concerning the accuracy,
likely results, or reliability of the use of the materials on the Site or Application or
otherwise relating to such materials or on any sites linked to this site, such as the
Links To Third Party Sites and Links From Third Party Sites, as defined below.
7.4 In no event shall Company, its affiliates or suppliers be liable for any damages,
including, but not limited to, damages for loss of data or profit, or due to business
interruption, arising out of the use or inability to use the materials on the Site
and/or Application, even if Company or a Company authorized representative has
been notified orally or in writing of the possibility of such damage.
7.5 Company specifically disclaims any responsibility for any physical,
psychological, emotional, financial, or other damages including, but not limited
to, liability, loss or risk, personal or otherwise, which is incurred as a
consequence, directly or indirectly, of the use and application of any of the
information and/or content of the Site, Application, Services, Content, and any
other materials contained therein, and shall have no liability or responsibility to
any person or entity regarding any loss or damage incurred, or alleged to have
incurred, directly or indirectly, by the use and application of any of the
information and/or content of the Site, Application, Services, Content, and any
other materials contained therein.
8. Registration and Passwords. In order to access certain services or areas of the Site
and/or Application, you may be required to register a user name and password with us.
Company reserves the right to refuse to grant you a user name for any reason. Your user
name and password are personal to you, and are not for use by any individuals or entities
other than you. You are responsible for all interaction and activity with the Site and/or
Application that occurs in connection with your user name. You hereby agree that you
will not transfer or lend your user name or password to any individual or entity. It is your
responsibility for maintaining the confidentiality of any password you may utilize to
access the Site.
9. Linking.
9.1 The Site and/or Application may offer or provide links to other websites or
Internet resources that are independently owned and/or operated by third parties,
namely parties other than Company (“Links To Third Party Sites”). Because such
Links to Third Party Sites are independent from Company and the Site and/or
Application, Company has no control over the content and resources contained
therein. Additionally, other websites or Internet resources that are independently
owned and/or operated by third parties, namely parties other than Company, may
provide links to the Site and/or Application through their respective websites
(“Links From Third Party Sites”). Company has not reviewed all of the Links To
Third Party Sites and Links From Third Party Sites and is not responsible for the
content of any such sites. You hereby acknowledge and agree that Company and
its affiliates are not liable and make no warranties with regard to the accuracy,
completeness, and/or timeliness of the content or resources contained in the Links
To Third Party Sites or Links From Third Party Sites. Additionally, you hereby
acknowledge and agree that your use of any of the sites or resources contained in
the Links To Third Party Sites and Links From Third Party Sites, including but
not limited to your use of any data, information, advertising, products, or other
materials, is at your own risk and is subject to any terms of conditions that appear
therein.
9.2 The existence of any Links From Third Party Sites, and Company’s inclusion of
any Links To Third Party Sites, does not imply that Company, its affiliates,
employees, officers, directors, agents, representatives, licensors, suppliers and
service providers or its affiliates sponsor, endorse, or are affiliated and/or
associated with such sites.
10. Revisions and Errata. The Content and any other materials appearing on the Site and/or
Application may include technical, typographical, photographic, or other errors.
Company does not warrant that any of the materials appearing on the Site and/or
Application, including the Content, are accurate, complete, or current. Company may
make changes to the materials appearing on the Site and/or Application at any time
without notice. Company does not, however, make any commitment to update the
materials.
11. Modification. Company may revise the terms contained in this Agreement at any time
without notice to you. By using the Site and/or Application, you are agreeing to be bound
by the then-current version of this Agreement. Company reserves the right to modify or
discontinue, either temporarily or permanently, the Site and/or Application with or
without notice, and at any time and from time to time. You acknowledge and agree that it
is your responsibility to review this Agreement periodically and become aware of
modifications.
12. Termination. Your rights under this Agreement will automatically terminate if you fail
to comply with any term of this Agreement. In case of such termination, you must cease
all use of the Site, Application, Services, Content and any other materials contained
therein, and Company may immediately revoke your access to the Site, Application,
Services, Content, and any other material contained therein. Company’s failure to insist
upon or enforce your strict compliance with this Agreement will not constitute a waiver
of any of its rights.
13. Privacy Policy. Company respects your right to privacy of your personal information.
Please review our Privacy Policy, which is available at http://www.doitwithflare.com/privacy, for
more information regarding the manner in which we use and/or manage your personal
information.
14. Indemnity. Except to the extent prohibited by law, you agree to defend, indemnify and
hold harmless Company, its affiliates, employees, officers, directors, agents,
representatives, licensors, suppliers and service providers, from and against all claims,
losses, costs and expenses, including but not limited to attorney’s fees, arising out of the
following: your use, or activities in connection with, the Site; and (ii) any violation,
whether actual alleged, of the terms of this Agreement.
15. Governing Law; Choice of Forum. Any claim relating to the Site shall be governed by
the laws of the State of New York without regard to its conflict of law provisions. You
hereby agree to the exclusive jurisdiction of the federal and state courts located in
Westchester County, State of New York, U.S.A., and waive any jurisdictional, venue or
inconvenient forum objections to such courts.
16. Contact. If you have any questions, comments, or complaints regarding this Agreement,
the Site and/or the Application, or the contents therein, please contact Company at hello@doitwithflare.com