Tomlist Digi Term of use

Terms & Conditions of Use

These Terms and Conditions of Use (“Agreement”) set forth the terms and conditions that apply to your access and use of the Tomlist Digi Websites, online products, and services, and its services (collectively, “Services”) as owned and operated by Tomlist Digi and its subsidiary, the Tomlist Digi Research Center (“the Research Center”). Tomlist Digi and its subsidiary are collectively “we.”

As used in this Agreement, the term “Websites” includes the tomlist.com website and all websites and pages that are associated or within that website, and all devices, applications or services that the Tomlist operates. The term “Website” refers to an individual website or page with the tomlist.com domain. By accepting electronically (for example, clicking “I Agree”), accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree with this Agreement, then you may not use the Services.

Accepting the Terms

By using the information, tools, features, software and functionality, including content, updates, and new releases provided by the Tomlist of the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more Websites), or as a “Customer” (which means that you have registered for an account with us to use any one of our Services or have placed an order through one of our Services). The term “you” or “User” refers to a Visitor or Customer. If you wish to become a Customer or want to make use of the Services, you must indicate your acceptance of this Agreement during the Customer registration process.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by the terms and conditions of this Agreement or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with the Tomlist.

Trademark and Branding

No reproduction, distribution, or transmission of the trademarked or copyrighted materials on this site is permitted without the permission of the Tomlist. Third parties are prohibited from “framing” or otherwise depicting or representing that the Tomlist’s Websites or their content have been created, endorsed, or approved by the Tomlist without the prior written approval of the Tomlist. Tomlist trademarks and service marks, including but not limited to, Tomlist Digi®, Research Center™, Tomlist Academy®, Loan Locator®, Meteor®, The Nation’s Trusted Source for Degree and Enrollment Verification®, StudentTracker®, Student Educational Pathways Reports™, Transcript Ordering℠, Trusted & Secure®, and their related design elements may not be used without written permission of an authorized representative of the Tomlist.

The following software, accessible through this site, is the copyrighted property of Tomlist Digi:

Financial Aid Services:

Error Resolution

CORAsm and iCORA℠

School Submission Schedule

Enrollment Ad Hocs

Gainful Employment

Student Lookup

Student Reporting

Verification Services:

EnrollmentVerify℠

DegreeVerify℠

GradVerify℠

TransitionVerify℠

EnrollmentVerify Plus℠

GradVerify Plus℠

Dates of Attendance Verification

School Providing Degree Ad Hoc

School Responding to Degree Verifications

StudentTracker®:

StudentTracker® for High Schools

StudentTracker® for Outreach

StudentTracker® for Colleges & Universities

EAM:

Account Management

Student Self-Service℠

Transcript Services:

Electronic Transcript Exchange℠ and ETX℠

Transcript Ordering Center℠

Transcript Download Center

SIS Service Operations

Myhub℠

Any links to external websites provided on these Websites are for convenience only and do not constitute an endorsement. The Tomlist is not responsible for the privacy policies of these external websites.

Requestors of transcripts from the United States and Canada may request text message status updates be texted to their mobile device. Message and data rates may apply and up to 5 text messages may be received for each recipient order. 

Restrictions on Log-in Information/Unauthorized Access Generally

In order to allow you to use certain Services, you may need to sign up for a Customer account with the Tomlist. We may verify your identity using a third-party identity proofing services (“Authentication Vendor”). You authorize any such Authentication Vendor and the Tomlist to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number, requiring you to take steps to confirm ownership of your email address or phone number, and/or verifying the information you provide against third party databases or through other sources. If you do not provide this information or the Tomlist cannot verify your identity, we can refuse to allow you to use the Services.

If you become aware of any unauthorized use of your account information for any Services, you agree to notify the Tomlist immediately at privacy@tomlist.com.

If you believe that your account information or device that you use to access the Services has been lost or stolen or that someone is using your account without your permission, you must notify the Tomlist immediately in order to minimize your possible losses.

Use of Information on Websites

Your right to access and use the Websites and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Websites and Services for lawful purposes.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or Websites or other actions that the Tomlist, in its sole discretion, may elect to take. In no event will the Tomlist be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for the Tomlist to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.

From time to time, the Tomlist may include new and/or updated pre-release features and trial use (“Beta Features”) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Beta Features is voluntary and the Tomlist is not obligated to provide you with any Beta Features. Furthermore, if you decide to use Beta Features, you agree to abide by any rules or restrictions the Tomlist may place on them. You understand that once you use the Beta Features, you may be unable to revert to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

Authentication

Use of Services may include access to sensitive personal information. Thus, we may use a third-party authentication vendor to verify your identity prior to granting you access to such sensitive personal information. During the registration of your account, you will be asked questions regarding your identity that our third-party authentication vendor has obtained from various data sources. The Tomlist reserves the right to reject access to Services for any reason whatsoever, including the inability to provide accurate information to our third-party authentication vendor.

Payment

For certain Services, the Tomlist uses a third-party payment vendor to process payments. Our third-party payment vendor accepts payments through various credit cards, as detailed on the applicable payment screen. Any credit card information that is entered into any Tomlist Websites is not retained by the Tomlist, but is passed through to a secure third-party payment processor with whom the Tomlist contracts with in order to process payments. To the extent that you access external websites for the purpose of payment processing that may be accessible through or link off of the Tomlist Websites, those entities may have their own terms and conditions, privacy policies, data collection, and use and disclosure practices. You acknowledge and agree that the Tomlist is not responsible or liable, directly or indirectly, for the availability of such external websites or resources and does not endorse, and is not responsible for, any content, advertising, products, services or other materials on or available through such websites or resources.

Transcript Ordering

The following terms and conditions regarding your use of any transcript ordering/delivery Service are in addition to any requirements/obligations imposed by your school/educational institution that creates the transcript.

You may send your transcript(s) to a destination of your choosing using the Tomlist transcript ordering Services. Subject to the configuration of your school/educational institution, you may be eligible to request that your transcript be delivered via mail or electronically (each a “delivery method”). The fees applicable to ordering a transcript can be found on the transcript ordering page for your respective educational institution. Fees may vary for various reasons, including delivery method, school elections, and the contents of the delivery.

Disclaimer Regarding Accuracy of Information

The Tomlist warrants that under this Agreement it verifies, displays, or releases information as provided to it by educational institutions. THE TOMLIST DOES NOT WARRANT OR GUARANTEE THE COMPLETENESS, ACCURACY OR RELIABILITY OF INFORMATION IN ITS DATABASE AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Tomlist specifically disclaims any responsibility or liability for errors or omissions in information provided by educational institutions, including direct, indirect, incidental, special, or consequential damages resulting from the use of information provided by the educational institution and verified or released by the Tomlist under this Agreement.

Use with Your Mobile Device

Use of these Services may be available through a compatible mobile device, the Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. THE TOMLIST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO:

THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Access and Interference

You agree that you shall not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without the Tomlist’s express written consent, which may be withheld in the Tomlist’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services, except to the extent that such restriction is expressly prohibited by law;

Attempt to gain an unauthorized access to any portion of the Services; or

Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; or delete the copyright and other proprietary rights notices on the Services.

Disclaimer of Representations and Warranties

THE WEBSITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE TOMLIST, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THE Tomlist NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOMLIST SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITES, YOUR USE OF THE SERVICES, THE WEBSITES OR THIS AGREEMENT, EVEN IF THE Tomlist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOMLIST’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Tomlist Digi

You shall defend, indemnify and hold harmless the Tomlist and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Websites or your use of the Services.

Modifications

The Tomlist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or Services with or without notice. The Tomlist reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that the Tomlist shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. The Tomlist may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Websites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

Governing Law

Ontario law and federal law govern the Terms and Conditions, including the Agreement and Arbitration Agreement. Such laws govern without regard to principles of conflicts of law. We are located in Ontario, and by using the Websites and/or Tomlist’s Services, you have agreed to be subject to related law.