COLLEGEINSIDER.COM SERVICE AGREEMENT
Terms and Conditions of Service

This Service Agreement ("Agreement") applies to all services (collectively, the "Services") distributed to you or your parent or legal guardian (YOU) by CollegeInsider.Com ("PROVIDER"). The PROVIDER reserves the right to amend the Services offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time and to determine whether and when any such changes apply to both existing or future customers.

Indemnification

YOU will indemnify, save harmless, and defend the PROVIDER, CollegeInsider.Com, and its respective agents and Affiliates (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the PROVIDER's Acceptable Use Policy.

Limitation of Liability

IN NO EVENT SHALL the PROVIDER OR ITS RESPECTIVE AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS OR MERCHANTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF the PROVIDER HAS BEEN ADVISED OF the POSSIBILITY OF SUCH DAMAGES. In no event will the PROVIDER's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by YOU for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Force Majeure

The PROVIDER shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

Governing Law

The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Amendment or Waiver

This Agreement may not be amended by YOU except with the written consent of the PROVIDER. No failure to exercise and no delay in exercising any right, remedy, or power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of YOU, the PROVIDER and the PROVIDER's respective successors, and assigns. YOU may not assign this Agreement without the prior written consent of the PROVIDER. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Entire Agreement

This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

Acceptance of Services

ACCEPTANCE OF THIS AGREEMENT BY the PROVIDER MAY BE SUBJECT, IN THE PROVIDER's ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE THE PROVIDER's ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TOTHE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT (i) THAT YOU ARE AT LEAST 18 YEARS OF AGE OR (ii) THAT YOUR PARENT OR GUARDIAN HAS AGREED TO THE TERMS HEREOF.
 
 
 
 
 

 

 

 

 

 

 

 

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