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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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