Website Terms and Conditions of Use

Effective Date: 9/9/2026

These Website Terms and Conditions of Use (these “Terms”) are a binding agreement between you (“you” or “User”) and Yorkshire Planning Incorporated, a corporation doing business as Yorkshire College Planning (“Yorkshire,” “we,” “us,” or “our”). These Terms govern your access to and use of yorkshirecollegeplanning.com, any successor or related website, and any online portal, member area, web application, mobile application, tool, calculator, webinar, video, download, or other online service that we own or operate and that links to or posts these Terms (collectively, the “Site”).

1. 1. Acceptance of These Terms.

   These Terms apply to every visitor to the Site, whether or not you have purchased any Yorkshire program or service. Certain areas of the Site, including the Member’s Portal and the online components of the College Aid Executive, College Aid Accelerator, and College Funding Pro programs, are available only to enrolled clients and are subject to additional terms as described in Section 3. Your continued use of the Site after any change to these Terms constitutes your acceptance of the Terms as changed; provided, however, that as to an enrolled client, a change to these Terms takes effect only upon thirty (30) days’ prior written notice, consistent with the amendment provision of the Program Agreement.

2. 2. Who May Use the Site.

   The Site is intended for, and directed only to, individuals who are at least eighteen (18) years of age and who reside in the United States. The Site is not directed to, and Yorkshire does not knowingly market or offer its programs to, individuals located in the European Union, the United Kingdom, or Switzerland. By using the Site, you represent and warrant that:

   1. you are at least eighteen (18) years of age;
   2. you have the legal capacity to enter into a binding contract, and, if you are using the Site on behalf of another person or a household, you have the authority to bind that person or household to these Terms;
   3. all information you submit to us through the Site is true, accurate, current, and complete, and you will promptly update that information as necessary to keep it accurate; and
   4. you are not barred from using the Site under the laws of the United States or any other applicable jurisdiction, and your use of the Site will comply with all applicable federal, state, and local laws, rules, and regulations.

   We do not knowingly permit persons under the age of eighteen (18) to create an account or submit personal information through the Site. A parent or legal guardian may submit information about a student, including a student under the age of eighteen (18), only in the parent’s or guardian’s own capacity as the account holder and in accordance with our Privacy Policy. As used in these Terms, “Household” has the meaning given to that term in the End User License Agreement (further described, below).

3. 3. Relationship to Other Agreements; Order of Precedence.

   These Terms do not replace, and are not intended to conflict with, the agreements that govern the Yorkshire programs you purchase. Your use of Yorkshire’s services is or may be governed by the following, in addition to these Terms:

   1. the Standard Terms and Conditions that apply to your enrollment in the College Aid Executive, College Aid Accelerator, or College Funding Pro program, and any service-specific terms provided to you in writing (collectively, the “Program Agreement”);
   2. the End User License Agreement that governs your license to access and use the Member’s Portal, the tools, and any application we make available (the “EULA”); and
   3. the Privacy Policy.

   In the event of a conflict or inconsistency among these documents with respect to a particular subject, the order of precedence is: (a) the Program Agreement; (b) the EULA, as to the licensing and permitted use of the Member’s Portal, applications, and Program Materials; and (c) these Terms; provided, however, that the Privacy Policy controls as to the collection, use, disclosure, retention, and deletion of personal information notwithstanding the foregoing order of precedence. These Terms govern all matters relating to your use of the Site that the Program Agreement and the EULA do not address. Nothing in these Terms limits, waives, or expands any right, obligation, guarantee, refund right, deliverable, or remedy set forth in the Program Agreement.

4. 4. The Site, the Platform, and the Programs.

   The Site provides general information about Yorkshire and its programs, marketing content, free educational resources, and a secure online platform through which enrolled clients access program deliverables (the “Platform”). Depending on the program you have purchased, the Platform may include the Member’s Portal, Success Maps, video resources, a resource library, college cost reports, merit scholarship and full-ride scholarship lists, curated school research, the Practice FAFSA tool, the Practice CSS tool, and related features (collectively, with all other content and materials we make available, the “Program Materials”). The specific deliverables, exclusions, term, and any guarantee applicable to your program are set forth in the Program Agreement and not in these Terms. We may add, modify, suspend, or discontinue any feature of the Site or the Platform at any time in accordance with Section 21 and the Program Agreement.

5. 5. Educational and Informational Purposes Only; No Professional Advice.

   All content on the Site and all Program Materials are provided for educational and informational purposes only. They are not, and may not be relied upon as, financial, investment, tax, accounting, legal, admissions, or other professional advice, and they are not a substitute for personalized guidance from a qualified professional retained by you. This is true regardless of whether any Yorkshire employee, advisor, or contractor holds a professional license, designation, or certification. No fiduciary, advisory, attorney-client, accountant-client, or financial advisor-client relationship is created by your use of the Site, your attendance at a webinar, or your enrollment in any program. You should consult your own licensed professionals regarding your specific circumstances before acting on any information obtained through the Site.

6. 6. No Guarantee of Results; Testimonials and Savings Figures.

   Financial aid eligibility, awards, scholarships, admissions decisions, and the Student Aid Index are determined by schools, the U.S. Department of Education, the College Board, and other third parties, and are affected by factors outside our control, including your individual financial circumstances, the accuracy and completeness of the information you provide, institutional policy, and changes in law, regulation, or program rules. Except for any express written guarantee set forth in your Program Agreement, we make no representation, warranty, or guarantee that any information, strategy, recommendation, tool, or report offered through the Site will result in increased financial aid eligibility, a reduced Student Aid Index, admission to any institution, receipt of any scholarship or award, or any particular savings or financial outcome.

   Any testimonials, case studies, savings figures, aggregate results, or client statements appearing on the Site reflect the individual experiences of the persons described. They are not a promise, warranty, or prediction of the results you will obtain, and they should not be understood as typical. Individual results vary. Where required, we disclose material connections between Yorkshire and any person providing a testimonial or endorsement.

7. 7. Free Webinars, Practice Tools, and Other No-Cost Resources.

   We offer certain resources at no cost, including live and recorded webinars and workshops, the Practice FAFSA tool, the Practice CSS tool, downloadable guides, and similar materials (collectively, “Free Resources”). Free Resources do not include any tool, session, report, or other material that is a deliverable of a program you purchased, which is governed exclusively by the Program Agreement; this Section applies only to the no-cost versions we make available to the general public. Free Resources are provided as an accommodation and are subject to the following:

   1. Free Resources are provided “as is” and “as available,” without any warranty or guarantee of any kind, and we may modify, limit, or discontinue any Free Resource at any time without notice and without liability;
   2. the Practice FAFSA tool and the Practice CSS tool are educational simulations only. They do not file, transmit, or submit any application, and completing a practice form does not constitute the filing of a FAFSA, a CSS Profile, an appeal, or any other application. You remain solely responsible for preparing, reviewing, and timely submitting all actual applications and forms through the official channels of the applicable government agency or institution;
   3. by registering for a Free Resource, you consent to receive communications from us in accordance with Sections 15 and 16, and you may withdraw that consent at any time as described in those Sections.

8. 8. Recording of Sessions and Calls.

   Webinars, workshops, open office hours, group question-and-answer sessions, advisor calls, and video meetings, whether provided at no cost or as a deliverable of a program you purchased, may be recorded and transcribed for training, quality assurance, recordkeeping, and program delivery purposes as described in the Privacy Policy. California and certain other states require the consent of all parties to the recording of a confidential communication. By joining, attending, or continuing to participate in any session or call after a recording disclosure is given, you consent to being recorded and transcribed. If you do not consent, do not join the session, or notify us before the session begins and we will make reasonable alternative arrangements. We do not record a session without disclosing that it is being recorded.

9. 9. Enrollment, Fees, and Payment.

   Enrollment in a paid Yorkshire program is governed by the Program Agreement, which sets forth all fees, the cooling-off period, refund rights, and cancellation procedures. Access to the Platform is included in the program you purchase and is not sold separately or on a subscription basis. We do not enroll you in any automatically renewing subscription and do not charge recurring fees for Platform access. If we later offer any recurring or automatically renewing service, we will separately disclose the terms, obtain your affirmative consent, and provide a method of cancellation as required by applicable law, and those terms will control as to that service.

   You represent that any payment method you provide is one you are authorized to use, and you authorize us and our payment processors to charge that payment method for the amounts you owe under the Program Agreement. We do not store full payment card numbers on the Site; payments are processed by third-party payment processors subject to their own terms and privacy practices. If you believe a charge is in error, contact us at office@yorkcp.com before initiating a chargeback so that we may attempt to resolve the matter. As set forth in the Program Agreement, initiating a chargeback for fees owed may constitute a breach entitling us to suspend or terminate services.

10. 10. Accounts, Credentials, and Household Access.

    Certain areas of the Site require an account. You agree to:

    1. provide accurate and complete registration information and keep it current;
    2. maintain the confidentiality of your username, password, and any other access credentials, and not disclose them to, or share access with, any person outside your Household;
    3. accept responsibility for all activity that occurs under your account, whether or not authorized by you; and
    4. notify us immediately at office@yorkcp.com of any unauthorized use of your account or any other breach of security of which you become aware.

    We are not liable for any loss or damage arising from your failure to safeguard your credentials. We may refuse, suspend, or cancel an account, or require that you change a username or password, at our discretion, including where we reasonably believe credentials have been shared or compromised.

11. 11. License to Use the Site; Program Materials.

    Subject to your compliance with these Terms and, where applicable, your timely payment of fees under the Program Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and to use the Program Materials made available to you solely for your personal, non-commercial use in connection with planning for your own student or students. You may download or print limited portions of the Program Materials for reasonable personal use consistent with that purpose. This license terminates automatically upon the expiration or termination of your program term or of these Terms. Your license to the Member’s Portal, the tools, and any application is further governed by the EULA. All rights not expressly granted are reserved.

12. 12. Acceptable Use; Prohibited Conduct.

    You agree not to, and not to permit or assist any third party to:

    1. copy, reproduce, modify, translate, create derivative works from, distribute, sell, resell, sublicense, rent, lease, lend, publicly post, publicly display, transmit, broadcast, or otherwise exploit any portion of the Site or any Program Materials, including by posting them to any website, social media service, file-sharing service, messaging group, or public forum;
    2. share account credentials, or provide access to the Member’s Portal or any Program Materials, to any person outside your Household;
    3. use the Site or the Program Materials to provide services to others, to train or operate any competing product or service, or for any commercial purpose;
    4. use any robot, spider, scraper, crawler, data-mining tool, or other automated means to access, monitor, index, or copy any portion of the Site, or to collect information about other users;
    5. reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying ideas of the Site or the Platform, except to the extent that restriction is prohibited by applicable law;
    6. circumvent, disable, or interfere with any security, authentication, access-control, rate-limiting, or usage-monitoring feature of the Site;
    7. introduce any virus, worm, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
    8. submit any information that is false, misleading, fraudulent, or that you are not authorized to provide, or use the Site to facilitate or encourage any false, misleading, or incomplete statement or omission in connection with any financial aid, admissions, scholarship, tax, or related application or submission;
    9. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
    10. harass, threaten, defame, or abuse any Yorkshire advisor, employee, contractor, or other user, or engage in conduct that is unlawful, obscene, discriminatory, or otherwise objectionable; or
    11. use the Site in violation of any applicable law, rule, or regulation, or in a manner that infringes or misappropriates the intellectual property, privacy, or other rights of any person.

    We may investigate any suspected violation of this Section and may, without limiting any other remedy, remove content, suspend or terminate access, and report the matter to law enforcement or other appropriate authorities.

13. 13. Artificial Intelligence.

    Yorkshire may use artificial intelligence tools internally, in the same manner many service businesses do, to assist with tasks such as drafting, summarization, formatting, or administrative support. Any content Yorkshire publishes on the Site or provides to you remains subject to Yorkshire’s own review, and no such tool changes the disclaimers in Section 5. If you access the Member’s Portal or other Licensed Software, your use of artificial intelligence in connection with your Program is instead governed by the End User License Agreement.

    1. If you submit a message, form response, or other content to Yorkshire through the Site that was generated in whole or in part using an artificial intelligence tool, please identify it as such. Yorkshire is not responsible for reviewing or verifying artificial intelligence generated content you submit, and you remain solely responsible for its accuracy.
    2. You may choose to use an artificial intelligence tool to summarize or interpret content on the Site, including webinar recordings, Free Resources, or marketing materials. Any resulting summary or interpretation is not prepared or reviewed by Yorkshire, may be inaccurate or incomplete, and does not change or supplement the actual content Yorkshire published. Do not enter Social Security numbers, taxpayer identification numbers, financial account numbers, government issued identification numbers, login credentials, health information, or other sensitive personal or financial information into any artificial intelligence tool that Yorkshire does not provide in connection with your use of the Site.

14. 14. Your Submissions and Feedback.

    You may submit documents, forms, questions, messages, and other information to us through the Site (“User Submissions”). You retain ownership of your User Submissions. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display your User Submissions solely as necessary to operate the Site, provide the services, comply with law, and as otherwise described in the Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that your User Submissions are accurate and lawful.

    As set forth in the Program Agreement, we may comment on documents you send us but will not edit or modify any of your documents or forms. If you send us suggestions, ideas, or other feedback about the Site or our programs (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable license to use and exploit that Feedback for any purpose, without compensation or attribution to you. Feedback does not include, and this license does not extend to, Confidential Information or personal information, which remain governed by the Program Agreement and the Privacy Policy. We may use information generated in connection with your use of the Site in de-identified or aggregated form as permitted by the Program Agreement and the Privacy Policy.

15. 15. Electronic Communications, Records, and Signatures.

    By using the Site or providing your contact information, you consent to receive communications from us electronically, including by email and through the Member’s Portal. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing, and that your electronic acceptance of these Terms, the EULA, or the Program Agreement has the same legal effect as a handwritten signature. You may withdraw this consent by contacting us at office@yorkcp.com, but doing so may prevent us from providing services that require electronic delivery.

16. 16. Text Messages and Telephone Calls.

    If you provide us with a telephone number and affirmatively opt in, you consent to receive calls and text messages from us or on our behalf at that number, including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice, for purposes of program delivery, scheduling, advisor communications, service updates, and, where you have separately consented, marketing. Consent to receive marketing calls or texts is not a condition of purchasing any program or service. Message and data rates may apply, and message frequency varies. Reply STOP to any text message to opt out and HELP for assistance, or contact us at office@yorkcp.com or (858) 766-4471. Carriers are not liable for delayed or undelivered messages. Opting out of marketing messages does not opt you out of transactional or service-related messages necessary to deliver the program you purchased.

17. 17. Third-Party Sites, Services, and Government Forms; No Affiliation.

    The Site may contain links to, or integrations with, websites, applications, and services operated by third parties, including the U.S. Department of Education, the College Board, colleges and universities, scholarship providers, payment processors, and analytics and communications vendors. We do not control and are not responsible for the content, availability, accuracy, terms, or privacy practices of any third party, and a link or integration does not constitute an endorsement. Your dealings with any third party are solely between you and that third party.

    Yorkshire is an independent company. Yorkshire is not affiliated with, endorsed by, sponsored by, or acting on behalf of the U.S. Department of Education, Federal Student Aid, the College Board, the CSS Profile program, any college, university, or scholarship provider, or any other government agency, educational institution, or nongovernmental organization (e.g. the College Board). FAFSA® and CSS Profile® and all other third-party names and marks referenced on the Site are the property of their respective owners and are used for identification purposes only. The FAFSA may be completed free of charge at studentaid.gov, and we do not charge any fee for the filing of the FAFSA itself.

18. 18. Intellectual Property and Trademarks.

    The Site and all Program Materials, including all text, graphics, user interfaces, visual interfaces, photographs, video, audio, software, code, templates, reports, lists, curricula, methodologies, and their selection, arrangement, and organization, are owned by Yorkshire or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws. “Yorkshire College Planning,” the Yorkshire logo, “College Aid Executive,” “College Aid Accelerator,” “College Funding Pro,” “Success Maps,” and other Yorkshire names, marks, and slogans are trademarks or service marks of Yorkshire. You may not use them without our prior written permission. Except for the limited license expressly granted in Section 11, no right, title, or interest in the Site or the Program Materials is transferred to you.

19. 19. Copyright Complaints.

    We respect the intellectual property rights of others. If you believe that material available on the Site infringes a copyright you own or control, you may send a written notice to our designated agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512, containing: (a) a physical or electronic signature of the owner or a person authorized to act on the owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner. Notices should be sent to: DMCA Agent, Yorkshire Planning Incorporated, 16935 West Bernardo Drive, Suite 170, San Diego, California 92127, or office@yorkcp.com. We may terminate the accounts of repeat infringers.

20. 20. Privacy.

    Our collection, use, disclosure, and retention of personal information in connection with the Site is described in our Privacy Policy, available at https://yorkshirecollegeplanning.com/privacy-policy, which is incorporated into these Terms by reference. Please review it carefully. If you are a resident of California or another state with a comprehensive consumer privacy law, the Privacy Policy describes the rights available to you and how to exercise them.

21. 21. Availability, Changes, and Suspension of the Site.

    We do not guarantee that the Site or the Platform will be available at any particular time or will operate without interruption or error. We may modify, update, suspend, limit, or discontinue all or any part of the Site, including any feature, tool, or Program Material, at any time, with or without notice, for maintenance, security, technical, business, or legal reasons. We will use commercially reasonable efforts to provide advance notice of any planned change that we expect to materially and adversely affect the deliverables you are entitled to receive under your Program Agreement, and nothing in this Section relieves us of our obligations under the Program Agreement.

22. 22. Disclaimer of Warranties.

    THE SITE, THE PLATFORM, THE PROGRAM MATERIALS, AND ALL CONTENT, TOOLS, AND FREE RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YORKSHIRE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, ESTIMATE, REPORT, LIST, OR CALCULATION IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE.

    NOTHING IN THIS SECTION LIMITS ANY EXPRESS WRITTEN GUARANTEE, REFUND RIGHT, OR OTHER REMEDY SET FORTH IN YOUR PROGRAM AGREEMENT. NOTHING IN THESE TERMS WAIVES, LIMITS, OR SHORTENS ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED, LIMITED, OR SHORTENED UNDER APPLICABLE LAW, INCLUDING THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

23. 23. Limitation of Liability.

    NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

    1. IN NO EVENT SHALL YORKSHIRE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST FINANCIAL AID, LOST SCHOLARSHIPS, LOST OPPORTUNITY, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF YORKSHIRE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO DAMAGES RESULTING FROM YORKSHIRE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD;
    2. YORKSHIRE HAS NO CONTROL OVER THE DOCUMENTS AND INFORMATION YOU PROVIDE OR SUBMIT IN CONNECTION WITH YOUR FAFSA, CSS PROFILE, APPEAL, OR OTHER FORMS, AND THEREFORE, TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW, IS NOT LIABLE FOR ANY DAMAGES SUSTAINED BY YOU AS A RESULT OF THE DOCUMENTS OR INFORMATION THAT YOU SUBMIT; AND
    3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YORKSHIRE ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS (WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED ON CONTRACT, WARRANTY, TORT, STATUTE, OR OTHERWISE) EXCEED THE ACTUAL AMOUNT OF COMPENSATION PAID BY YOU TO YORKSHIRE FOR THE SERVICES INVOLVED IN SUCH CLAIM; PROVIDED THAT, FOR A USER WHO HAS NOT PURCHASED ANY YORKSHIRE PROGRAM OR SERVICE, SUCH AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION SHALL NOT APPLY TO LIABILITY RESULTING FROM YORKSHIRE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

    THE FOREGOING LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION WAIVES, LIMITS, OR SHORTENS ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED, LIMITED, OR SHORTENED UNDER APPLICABLE LAW, INCLUDING THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE THE PROGRAM AGREEMENT AND THIS SECTION BOTH APPLY TO A CLAIM, THE LIMITATION SET FORTH IN THE PROGRAM AGREEMENT CONTROLS.

24. 24. Indemnification.

    You shall indemnify, defend, and hold harmless Yorkshire and its officers, directors, shareholders, employees, advisors, contractors, agents, and representatives (the “Yorkshire Indemnitees”) from and against any and all third-party claims, demands, actions, causes of action, costs, losses, liabilities, expenses, and damages (including reasonable attorneys’ fees and reasonable expert witness fees) arising out of (a) your breach of these Terms, (b) your violation of any applicable law, (c) your fraud or willful misconduct, (d) your User Submissions, or (e) inaccurate, infringing, or unlawful documents, materials, or information you provide to us; provided, however, that you shall have no obligation to indemnify any Yorkshire Indemnitee to the extent the claim arises from that Yorkshire Indemnitee’s negligence or willful misconduct.

25. 25. Suspension and Termination of Access.

    We may suspend or terminate your access to all or any part of the Site at any time, with or without notice, if we reasonably believe that you have violated these Terms, the EULA, or the Program Agreement, that your account has been compromised, or that suspension is necessary to protect the Site, our other users, or any third party, or to comply with law. Where the suspension or termination relates to your enrollment in a paid program, the notice and cure provisions of the Program Agreement will govern. Upon termination, the licenses granted to you in Section 11 immediately end, and you must cease all use of the Site and the Program Materials and destroy any copies in your possession. Sections 5, 6, 8, 12, 13, 14, 17, 18, 20, and 22 through 33 survive any termination.

26. 26. Changes to These Terms.

    We may modify these Terms from time to time. We will post the amended Terms on the Site and update the Effective Date above. If you are an enrolled client, a modification takes effect only upon thirty (30) days’ prior written notice, consistent with the amendment provision of the Program Agreement, applies prospectively only, and will not reduce the deliverables or rights you purchased before the change took effect. For all other users, changes are effective when posted. Your continued use of the Site after the effective date of any change constitutes acceptance of the changed Terms. If you do not agree, you must stop using the Site.

27. 27. Governing Law; Venue.

    These Terms, and any dispute arising out of or relating to these Terms or the Site, shall be governed by the laws of the State of California, without giving effect to its choice of law or conflicts of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum. This Section is intended to be consistent with, and not to displace, the governing law and venue provisions of the Program Agreement.

28. 28. Time Limitation on Claims.

    To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred. This Section does not apply to (a) any claim arising under the Program Agreement, which is governed by the applicable statute of limitations, (b) any claim arising under both the Program Agreement and these Terms, or (c) any right or remedy that cannot be waived, limited, or shortened under applicable law, including the California Consumers Legal Remedies Act.

29. 29. Notices.

    We may provide notices to you by email to the address associated with your account, by posting to the Member’s Portal, or by posting on the Site. Notices to us must be sent to Yorkshire Planning Incorporated, 16935 West Bernardo Drive, Suite 170, San Diego, California 92127, or office@yorkcp.com (the “Contact Email”). Notices delivered personally are deemed communicated as of actual receipt; notices sent by email are deemed communicated the first business day after transmission; and mailed notices are deemed communicated as of the fifth day after mailing.

30. 30. Notice to California Users.

    Under California Civil Code Section 1789.3, California users are entitled to the following notice: the provider of the Site is Yorkshire Planning Incorporated, 16935 West Bernardo Drive, Suite 170, San Diego, California 92127. To file a complaint regarding the Site or to receive further information regarding use of the Site, contact us at office@yorkcp.com or (858) 766-4471, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

31. 31. Accessibility.

    We are committed to making the Site accessible to users with disabilities and strive to conform to generally accepted accessibility standards. If you encounter difficulty accessing any portion of the Site, or if you require an accommodation to participate in a program, please contact us at office@yorkcp.com or (858) 766-4471 and we will work with you to provide the information, item, or service you seek through an alternative method of communication.

32. 32. General.

    1. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect.
    2. Assignment. You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder, including any account or program access, without our prior written consent, and any attempted assignment in violation of this provision is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
    3. No Waiver. No provision of these Terms shall be deemed waived by any act or acquiescence on the part of either party, their agents, or employees, but only by an instrument in writing signed by an authorized representative of that party. No waiver of any provision shall constitute a waiver of any other provision or of the same provision on another occasion.
    4. Force Majeure. If the performance of any obligation under these Terms (except the payment of monies due) is prevented, restricted, or interfered with by reason of fire or other casualty or accident; strikes or labor disputes; unavailability of materials, power, telecommunications, or supplies; internet, hosting, or third-party platform failures; war, terrorism, or other violence; epidemic or public health emergency; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency or intergovernmental body; or any other act or condition beyond the reasonable control of the party affected, that party shall be excused from performance to the extent of such prevention, restriction, or interference.
    5. Relationship of the Parties. Yorkshire is an independent contractor with respect to you. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Yorkshire.
    6. Headings; Interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will not be construed against the drafter.
    7. Entire Agreement. These Terms, together with the Privacy Policy, the EULA, and, where applicable, the Program Agreement, constitute the entire agreement between you and Yorkshire regarding your use of the Site and supersede all prior or contemporaneous understandings, whether written or oral, regarding that subject matter. Any claims, representations, or statements regarding the Site or the programs are limited to those expressly set forth in these written agreements, and you acknowledge that you have not relied on any statement, promise, or representation not contained in them.

33. 33. Contact Us.

    Questions about these Terms may be directed to: Yorkshire Planning Incorporated d/b/a Yorkshire College Planning, 16935 West Bernardo Drive, Suite 170, San Diego, California 92127; email office@yorkcp.com; telephone (858) 766-4471.