TuitionChoice Terms and Conditions of Use
1. Welcome:
This document contains the Terms And Conditions of Use (the “Terms”) under
which TuitionChoice, LP (TuitionChoice) makes the interactive online service
located at www.tuitionchoice.com (the “Site”), available to its users (the “Users”).
Unless otherwise agreed in writing with TuitionChoice, your use of the Site will
always be subject to, at a minimum, the Terms set out in this document.
2. Acknowledgement And Acceptance of Terms:
All TuitionChoice Users are urged to review these Terms carefully.
By accessing, browsing, or using the Site, you acknowledge that you have read,
understood, and agreed to be bound by these Terms. You understand and agree that
TuitionChoice will treat your use of the Site as acceptance of the Terms from
that point onwards. If you do not accept these Terms, then you are not
authorized to access the Site.
Before you continue, you should print off or save a local copy of the Terms
for your records.
3. No Sharing Of User Names Or Passwords.
The ability to use this Site is personal to each User and is non-transferable.
Each User is responsible for protecting the secrecy of his or her user name and
password(s). We do not permit you to share your user name and/or password, and
you will be held responsible for any and all activities that may or do occur under
your password or ID. If you become aware of any unauthorized use of your password
or of your account, you agree to notify TuitionChoice immediately at
_______________________________. TuitionChoice is not liable for any loss or
damage arising from your failure to comply with these requirements.
4. Changes To Terms:
TuitionChoice reserves the right, at its sole discretion, to change, modify,
add, or remove portions from these Terms at any time, and to change or
discontinue any aspect or feature of the Site. We will revise these Terms to
reflect changes and notify you of the changes here, by email, or by a notice on
our home page. Your continued use of the Site following a change means that you
accept such change. Please review the Terms from time to time and before you
provide any personal information to this Site.
5. Use Of The Site By You:
The services provided by TuitionChoice require Users to register for access
to password-protected areas of the Site. You agree that any registration
information you give to TuitionChoice will always be accurate, correct, and
up to date. You agree not to access (or attempt to access) any part of the Site
by any means other than through the interface that is provided by TuitionChoice.
You agree that you will not engage in any activity that interferes with or
disrupts the Site. You will not decompile, disassemble, modify, translate,
adapt, reverse engineer, or create derivative works from any service or software
deployed in connection with TuitionChoice.
You acknowledge and agree that TuitionChoice shall have the right (but not
the obligation), in its sole discretion, to refuse to publish, remove, or block
access to any content that is or could be available through the Site or is
related to TuitionChoice’s services at any time, for any reason, or for no
reason at all, with or without notice. In this regard, you acknowledge that
you rely on any content or service created by or obtained through the use of
TuitionChoice’s Site at your own risk.
You expressly acknowledge and agree that TuitionChoice may disclose
personal information related to you and your use of the Site if such disclosure
is (i) provided for in these Terms; (ii) made after your consent is obtained;
(iii) pursuant to legal action or law enforcement, such as a court order to
subpoena, (iv) deemed necessary to protect the business interests, legal
rights, and/or property of TuitionChoice; or (v) after TuitionChoice discovers
that your use of this Site violates these Terms.
6. Intellectual Property:
“TuitionChoice” is a trademark of TuitionChoice, LP. That trademark and
all other trademarks appearing on the Site are the property of TuitionChoice,
affiliates of TuitionChoice, or their respective owners. Nothing on the Site
should be construed as granting you any license or right to use any trademark
displayed on the Site.
The Site contains copyrighted material, trademarks, and other proprietary
information, including but not limited to text, software, video, audio,
graphics, photos, and music. You may not modify, publish, transmit, transfer,
sell, create derivative works of, or in any way exploit any of that material,
in whole or in part. You do not acquire any ownership or other rights by
accessing the Site or otherwise using copyrighted material.
7. External / Third Party Content:
The Site may include links to other web sites or resources. TuitionChoice
has no control over any other sites or resources which are provided by
companies or persons other than TuitionChoice. You acknowledge and agree that
TuitionChoice is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products, or
services on or available from such web sites or resources. Users should
contact the site administrators for those other sites in the event of any
questions regarding the content and/or policies of those sites.
8. Privacy Policy:
For information about TuitionChoice’s privacy practices, please read our
privacy policy at
www.TuitionChoice.com/FinePrint/Privacy.aspx. This policy explains how
TuitionChoice treats your personal information, and protects your privacy,
when you use the Site. You agree to the use of your data in accordance
TuitionChoice’s privacy policies.
9. Disclaimer Of Representations And Warranties:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT TUITIONCHOICE’S WARRANTY
OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO
YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TUITIONCHOICE’S SITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED.
TUITIONCHOICE DISCLAIMS ANY WARRANTIES FOR SECURITY, RELIABILITY,
TIMELINESS, AND THE PERFORMANCE OF TUITIONCHOICE’S SITE OR SERVICES.
TUITIONCHOICE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY
OR AVAILABILITY OF INFORMATION OR MATERIAL FROM OR THROUGH TUITIONCHOICE.
TUITIONCHOICE DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF
THE SERVICES WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR, THAT ANY INFORMATION
OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
TUITIONCHOICE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO
STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
10. Limitation Of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUITIONCHOICE AND ITS PARTNERS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO: (i) YOUR FAILURE TO PROVIDE TUITIONCHOICE WITH ACCURATE INFORMATION; (ii) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (iii) THE DELETION OF, CORRUPTION OF, FAILURE TO STORE, OR FAILURE TO TRANSMIT ANY INFORMATION, COMMUNICATIONS, OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE; (iv) ANY CHANGES WHICH TUITIONCHOICE MAY MAKE TO THE SITE; (v) ANY TEMPORARY OR PERMANENT CESSATION IN THE SITE OR ANY FEATURES WITHIN THE SITE; (vi) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE; OR (vii) ANY LOSS OF GOODWILL OR REPUTATION, ANY LOSS OF DATA SUFFERED, ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OF ANY KIND.
UNDER NO CIRCUMSTANCES SHALL TUITIONCHOICE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
THE LIMITATIONS ON TUITIONCHOICE’S LIABILITY DESCRIBED SHALL APPLY WHETHER OR NOT TUITIONCHOICE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Indemnification:
You hereby agree to indemnify and hold harmless TuitionChoice and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, business partners, and co-branders (each an “Indemnified Party”), to the fullest extent permitted by law from and against any and all losses, claims, damages, judgments, awards and liabilities, joint or several, including reasonable legal fees (collectively, “Losses”) to which any Indemnified Party may become subject in connection with or arising out of or relating to, directly or indirectly, (i) any claim or demand that may be filed by any third party, arising out of or relating to your use of TuitionChoice or (ii) your violation of these or any other guidelines or rules applicable to Users of TuitionChoice. You shall reimburse each Indemnified Party promptly upon demand for costs and expenses (including fees and expenses of legal counsel) as they are incurred in connection with the investigation of, preparation for or defense of any pending or threatened claim, or any action in respect thereof.
12. Governing Law, Venue And Jurisdiction:
You understand and agree that these Terms and any dispute relating to your use of the Site will be governed by, and construed and enforced in accordance with, the substantive law of the Commonwealth of Pennsylvania, without regard to its principles of choice of laws.
You understand and agree that exclusive jurisdiction of any dispute relating to your use of TuitionChoice shall be vested in either the Court of Common Pleas of Allegheny County, Pennsylvania, or in the United States District Court for the Western District of Pennsylvania and the venue of any action shall be in the County of Allegheny, Pennsylvania. You consent irrevocably to the jurisdiction over you of the aforementioned Courts in any such action or proceeding and agree that the venue provided above is the most convenient forum for both parties. You also waive any objection to venue or jurisdiction and any objection based on a more convenient forum in any action instituted under this letter agreement. You agree to pay TuitionChoice its reasonable attorney’s fees and costs associated with any action to enforce these Terms or to recover damages based on your breach.