Terms of Service
TuitionU.com is a student-focused, school-friendly community of
students, peers and professionals. The site provides a perpetually
growing community of lenders, schools, journalists, students and
parents with an un-biased platform to share information and experience
in order to bring transparency and understanding to the often confusing
world of higher education. TuitionU.com also publishes original "real
life" experiences that help readers make informed decisions by learning
from peers who have familiarity with many of the same "events" facing
students/parents today.
Acceptance of Terms of Service
TuitionU.com and its subsidiaries and affiliates operate a community
of websites and services. These Terms of Service set forth the terms
and conditions that apply to your use of the TuitionU.com Community.
From time to time, TuitionU.com may supplement these Terms of Service
with additional terms pertaining to specific content, including, but
not limited to, the uploading of photographs and videos, services,
products, digital products, courses or events ("Additional Terms"),
which Additional Terms may be placed on the TuitionU.com Community to
be viewed in connection with the specific content, services, products,
digital products, courses or events and shall be identified as such.
You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms of Service. BY USING THE
TUITIONU.COM COMMUNITY, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF
YOU HAD SIGNED AN AGREEMENT WITH TUITIONU.COM. If you do not agree to
be bound by these Terms of Service, please discontinue your use of the
TuitionU.com Community. The TuitionU.com Community is provided free of
charge to you (unless otherwise indicated).
Although portions of the TuitionU.com Community may be viewed simply
by visiting the relevant web page, in order to access some specialized
areas and/or receive additional services from TuitionU.com you need to
register as a member of TuitionU.com. Registering as a member will
allow you to access certain services that are not available to guests. Unauthorized
access, distribution, reproduction, copying, retransmission,
publication, sale, exploitation (commercial or otherwise), or any other
form of transfer of any portion of TuitionU.com,
including but not limited to all content, services, digital products,
courses, events, tools or products is hereby expressly prohibited.
Registration Information/Privacy Policy
When you register as a member of TuitionU.com, you will be required
to provide us with the following information: your name, e-mail, birth
date, member name and password. In addition, you may choose to provide
additional information, including your mailing address, education,
employment status etc.
Any information provided by you or gathered by TuitionU.com or third
parties during any visit to the TuitionU.com Community shall be subject
to the terms of TuitionU.com's Privacy Policy, which are incorporated
herein by reference. Click here if you wish to read TuitionU.com's Privacy Policy.
TuitionU.com reserves the right to offer third party services and
products to you based on the preferences that you identify during the
registration process and based on your subsequent preferences.
TuitionU.com reserves the right to (i) terminate your membership and
access to any content , services, digital products, products courses or
events, and (ii) remove your personal TuitionU.com webpage, if
TuitionU.com learns that you have provided TuitionU.com with false or
misleading registration information.
Termination
TuitionU.com reserves the right, at its sole discretion, to
immediately, without notice, suspend or terminate (i) these Terms of
Service; and/or (ii) your registration(s) with or ability to access the
TuitionU.com Community and/or any other service, tool, specific
content, digital products, products, courses or events provided to you
by TuitionU.com, including any personal web pages, upon any breach by
you of these Terms of Service or otherwise. TuitionU.com and its
Partners reserve the right to refuse membership to anyone. TuitionU.com
may terminate your membership and any and all information,
communications, or postings at any time, without notice, for conduct
that violates these Terms of Service or other policies or guidelines or
for online conduct that TuitionU.com and/or its Partners believe is
harmful to other members and/or its Partners or other third-party
information providers.
TuitionU.com can't regulate what occurs when Community members
decide to communicate outside the Community Service or otherwise meet
offline. If TuitionU.com believes that your use of the service could
lead to offline behavior that is harmful to you, other TuitionU.com
members, the public, TuitionU.com's business or the business of any
Partner or Third Party Provider, TuitionU.com and/or each Partner
maintain the right (but not the obligation) to suspend your account at
any time. Depending on the severity of the matter, number of complaints
(if any), and other factors, TuitionU.com or a Partner may or may not
send you warning emails before suspending your account.
Modifications of these Terms of Service
TuitionU.com and its Partners may modify these Terms of Service
and/or the Privacy Policy from time to time in their sole discretion.
Your continued use of the TuitionU.com Community Service, or any
Partner area constitutes your acceptance of any changes to these Terms
of Service or the Privacy Policy. TuitionU.com shall have no obligation
to notify you of any such changes other than posting such modifications
on the TuitionU.com Community.
Modifications of TuitionU.com
TuitionU.com may modify or discontinue the TuitionU.com Community,
any portion thereof, or any services, tools, digital products,
products, events or courses related thereto with or without notice to
you and without liability to you or any third party, except as
otherwise provided herein.
Content Produced by Members
By submitting or otherwise making available materials to public
areas of any TuitionU.com Site you agree that TuitionU.com and each
Partner (including their respective agents, affiliates, licensors and
service providers (collectively, "Third Party Providers") will at all
times maintain a perpetual, irrevocable, royalty-free, worldwide,
assignable right and license to reproduce, repurpose, use, store,
modify, edit, distribute or make available any portion or portions of
such materials as they see fit in any medium, now known or hereafter
developed, for any purpose whatsoever, subject only to the terms set
forth in these Terms of Service. While not limiting the rights under
the foregoing sentence, TuitionU.com reserves the right to excerpt,
store, use or distribute, in whole or in part, any content, text, or
images contained in your personal profiles or posted by you on any
public areas maintained within the TuitionU.com Sites and/or the
Partner Areas, along with your screen name or any nickname you select,
and feature them in ads, supplements and content pages in any print
publications owned, controlled or otherwise maintained by TuitionU.com
or any Partner. You also agree that TuitionU.com, the Partners and the
Third Party Providers may identify you as the author of any of your
postings by name, email address or screen name as each deems
appropriate.
You acknowledge and agree that TuitionU.com, the Partners and the
Third Party Providers each reserves the right (but assumes no
obligation) to delete, move, or edit any postings that come to their
attention that they consider unacceptable or inappropriate, whether for
legal or other reasons.
You agree not to use the TuitionU.com Sites to post, distribute, or
otherwise make available any content or materials (including but not
limited to text, graphics, video, software programs or audio) that are
unlawful, harassing, libelous, abusive, threatening, harmful, racially
offensive, obscene or otherwise objectionable, or that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law, regulation or judicial ruling. You also agree not to
post content or materials that contain advertising or any form of
commercial solicitation. Additionally, you agree not to impersonate any
other person or entity, including impersonating an employee or
consultant of either TuitionU.com, any Partner or any Third Party
Provider.
You acknowledge and agree that TuitionU.com, the Partners, the
TuitionU.com Affiliates and any Third Party Providers will maintain no
responsibility whatsoever for any contact or interaction that occurs
between you and any other user or member of TuitionU.com.
Any images you post in personal profiles must be of you only. If you
post a photo, TuitionU.com and/or each Partner may feature you and your
photo as a Member of the Day on any TuitionU.com Sites and any or all
Partner areas.
Non Commercial Use
The TuitionU.com Community, its products, services, digital
products, events, courses, community tools (as more fully described
below) and any other element of the TuitionU.com Community are only for
the personal use of visitors and members and may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or pre-approved by TuitionU.com in writing.
Illegal and/or unauthorized use of the TuitionU.com Community, or any
portion thereof, including, but not limited to, collecting user names
and/or email addresses of members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or
linking to the TuitionU.com Community is prohibited. In furtherance
thereof, you agree that you will not use the TuitionU.com Community for
chain letters, research study or survey solicitations, junk mail,
"spamming," commercial or non-commercial solicitations, or bulk
communications of any kind, including but not limited to distribution
lists to any person who has not given specific permission to be
included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
Member Disputes
You are solely responsible for any interaction with other members or
visitors of the TuitionU.com Community. TuitionU.com reserves the right
but shall have no obligation to monitor disputes between you and any
other member of the TuitionU.com Community.
Third Party Services
You may order services or merchandise through the TuitionU.com
Community from other persons not affiliated with TuitionU.com
("Seller"). All matters concerning the merchandise and services desired
from Seller, including but not limited to purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely
between you and Seller. TuitionU.com makes no warranties or
representations whatsoever with regard to any goods or services
provided by Sellers. You will not consider TuitionU.com nor will
TuitionU.com be construed as a party to such transactions, whether or
not TuitionU.com may have received some form of revenue or other
remuneration in connection with the transaction or be liable for any
costs or damages arising out of, either directly or indirectly, you or
any other person involved or related to the transaction.
Member Account and Password
You are responsible for maintaining the confidentiality of your
member name and password. You are responsible for all uses of your
account, whether or not authorized by you. You agree to immediately
notify TuitionU.com of any unauthorized use of the account. You agree
to pay all charges that accrue to your account through your use or the
use of those authorized by you. You may cancel your account at any time
by emailing support@TuitionU.com.
All TuitionU.com services are final sale and will not be refunded
unless the charge was not authorized by you. Disputed charges must be
reported to TuitionU.com within 60 days, to support@TuitionU.com, or will be waived.
Blog Content
Guidelines for posting to your online journal (blog) shall be as follows:
Should
any Content be reported to TuitionU.com as being offensive or
inappropriate, TuitionU.com may call upon the author to retract,
modify, or protect the Content in question. TuitionU.com has the full
authority to terminate any such reported and verified offensive account
holding such inappropriate content or delete any content it views as
violating its TOS. TuitionU.com however, is under no obligation to
restrict or monitor journal Content in any way.
You acknowledge that TuitionU.com does not pre-screen content, but
that TuitionU.com and it's designates shall have the right (but not the
obligation) on their sole discretion to refuse or remove any Content
that is available through the Service. You agree that you must
evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of
such content.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by the TuitionU.com
Community infringe your copyright, you (or your agent) may send
TuitionU.com a notice requesting that the material be removed or access
to it blocked. The notice must include the following information (a) a
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works located on this website are
covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably
sufficient to allow TuitionU.com to locate the material on the
TuitionU.com Community; (d) the name, address, telephone number and
email address (if available) of the complaining party; (e) a statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent or the law; and (f) a statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you believe in good
faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send TuitionU.com a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details. Notices and counter-notices with respect to this website
should be sent to: Mark Herriot, EVP | Corporate Counsel, Cology Inc.,
4343 N. Scottsdale Rd. Suite 370, Scottsdale AZ 85251 or Support@TuitionU.com.
TuitionU.com suggests that you consult your legal advisor before filing
a notice or counter-notice. Also, be aware that there can be penalties
for false claims under the DMCA.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE TUITIONU.COM COMMUNITY,
INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS,
COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE TUITIONU.COM
COMMUNITY, IS AT YOUR SOLE RISK. THE TUITIONU.COM COMMUNITY IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TUITIONU.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TUITIONU.COM MAKES NO WARRANTY THAT THE TUITIONU.COM COMMUNITY WILL
MEET YOUR REQUIREMENTS, OR THAT THE TUITIONU.COM COMMUNITY WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TUITIONU.COM
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE TUITIONU.COM COMMUNITY. TUITIONU.COM WILL NOT BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT,
WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE
TUITIONU.COM COMMUNITY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE TUITIONU.COM COMMUNITY IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT TUITIONU.COM DOES NOT GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY
INFORMATION PROVIDED IN CONNECTION WITH THE TUITIONU.COM COMMUNITY.
TUITIONU.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE
RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS
PROVIDED WITH THE UNDERSTANDING THAT NEITHER TUITIONU.COM NOR ITS
MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE TUITIONU.COM
COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER
PROFESSIONAL SERVICES OR ADVICE. TUITIONU.COM ENCOURAGES YOU TO SEEK
APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM
WHICH YOU MAY HAVE.
TUITIONU.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED,
OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE
TUITIONU.COM COMMUNITY, ITS DIGITAL PRODUCTS OR SERVICES. YOUR
PARTICIPATION IN THE TUITIONU.COM COMMUNITY IS SOLELY AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TUITIONU.COM OR THROUGH THE TUITIONU.COM COMMUNITY, ITS EMPLOYEES,
CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
TUITIONU.COM MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES,
DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED
OR OBTAINED THROUGH THE TUITIONU.COM COMMUNITY OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE TUITIONU.COM COMMUNITY.
TUITIONU.COM IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR
WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE TUITIONU.COM
COMMUNITY. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO
REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR
LEGALITY OF ANY SITES TO WHICH TUITIONU.COM MAY PROVIDE LINKS, AND YOU
HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST TUITIONU.COM WITH RESPECT
TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, TUITIONU.COM
MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY
OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH
ADVERTISEMENT. TUITIONU.COM SPECIFICALLY DISCLAIMS LIABILITY FOR
DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH
ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON
THE TUITIONU.COM COMMUNITY, YOU ARE PROMISING THAT THE CONTENT OF YOUR
ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY TUITIONU.COM AGAINST
ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A
CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE TUITIONU.COM COMMUNITY, YOU
WAIVE ANY CLAIMS AGAINST TUITIONU.COM FOR DAMAGES ARISING FROM SUCH
ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
Limitation of Liability
TUITIONU.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE TUITIONU.COM COMMUNITY OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY
GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE TUITIONU.COM COMMUNITY OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES EVEN IF TUITIONU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Promotional Messages
TuitionU.com and/or third parties may, from time to time, send
e-mail messages to you containing advertisements, promotions, etc.
TuitionU.com makes no representation or warranty with respect to the
content of any such e-mail messages or any goods or services which may
be obtained from such third parties, and you agree that neither
TuitionU.com nor such third party shall have any liability with respect
thereto.
Indemnification
You agree to indemnify and hold each of TuitionU.com, its parents,
subsidiaries, affiliates, officers, directors and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the TuitionU.com
Community, the violation of these Terms of Service by you, or the
infringement by you, or any other subscriber or user of your account,
of any intellectual property or other right of any person or entity.
Links
TuitionU.com, Partners or relevant third parties, may provide links
to other web sites or resources. Because TuitionU.com has no control
over such sites and resources, you acknowledge and agree that
TuitionU.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for the policies or terms of use of any such sites or resources
or any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that TuitionU.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
Applicable Law
These Terms of Service shall be governed by and construed in
accordance with the laws of the State of Arizona, without giving effect
to its conflicts of laws provisions. By registering for or entering the
TuitionU.com community, you consent and submit to the exclusive
jurisdiction and venue of the state and federal courts located in
Phoenix, Arizona.
Remedies for Breach of these Terms by You
In the event that TuitionU.com determines, in its sole discretion,
that you have breached any portion of these Terms of Service, or have
otherwise demonstrated conduct inappropriate for the TuitionU.com
Community, TuitionU.com reserves the right to (i) delete any or all
content provided by you or your agent(s) to The TuitionU.com Community;
(ii) discontinue your registration(s) with the TuitionU.com Community
and/or any other TuitionU.com community; (iii) discontinue your
subscription to any digital product, product, course, event, content,
tool or service purchased through the TuitionU.com Community; (iv)
notify and/or send content to and/or fully cooperate with the proper
law enforcement authorities for further action; and/or (v) any other
action which TuitionU.com deems to be appropriate.
If your registration(s) with or ability to access the TuitionU.com
Community, any other TuitionU.com community and/or any other service,
product, content, course, event, tool or digital product provided to
you by TuitionU.com is discontinued by TuitionU.com due to your
violation of any portion of these Terms of Service or for conduct
otherwise inappropriate for the community of the TuitionU.com
Community, then you agree that you shall not attempt to re-register
with or access the TuitionU.com Community, any other TuitionU.com
community and/or any other digital product, course content or service
provided by TuitionU.com, through use of a different member name or
otherwise, and you acknowledge that you will not be entitled to receive
a refund for fees related to those digital products, products, courses
events or content and services to which your access has been
terminated. In the event that you violate the immediately preceding
sentence, TuitionU.com reserves the right, in its sole discretion, to
immediately take any or all of the actions set forth in subsections
(i), (ii), (iii), (iv), and (v) of this provision without any notice or
warning to you.
Miscellaneous
In the event that any provision of the Terms of Service conflicts
with the law under which the Terms of Service are to be construed or if
any such provisions are held invalid by a court with jurisdiction over
the parties to the Terms of Service, such provision will be deemed to
be restated to reflect as nearly as possible the original intentions of
the parties in accordance with applicable law, and the remainder of
these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict
performance by the other party of any provision of the Terms of Service
or to exercise any right under the Terms of Service will not be
construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any
other instance, rather, the same will be and remain in full force and
effect.
TuitionU.com may assign its rights and obligations under these Terms
of Service and upon such assignment TuitionU.com may be relieved of any
further obligation hereunder.
You represent to TuitionU.com that you have the authority to
register with or visit the TuitionU.com Community according to these
Terms of Service. TuitionU.com does not encourage, solicit, or permit
visitors who are known to be under the age of 16 to become a member of
or visit the TuitionU.com Community.
These Terms of Service constitute the entire understanding between
the parties as to the subject matter hereof, and supersede all prior
agreements and understandings. Any legally unenforceable provision of
these Terms of Service will, at the election of TuitionU.com, be
deleted or modified to correct the defect and, regardless, the
remainder of the terms of these Terms of Service will remain valid and
enforceable.
TuitionU.com reserves the right to terminate free access to the
TuitionU.com Community including any or all content, services, digital
products, products, events, courses or tools with or without notice to
you. TuitionU.com reserves the right (at TuitionU.com 's discretion) to
provide you with notice of such change by prominently posting a notice
on the TuitionU.com Community and/or sending written notice to you at
any e-mail and/or post office address you have provided to
TuitionU.com. Once free access is terminated TuitionU.com may charge
each subscriber any applicable fee, surcharge and/or membership fee for
access to the TuitionU.com Community and/or any for-pay content,
services, digital products, products, events, tools or products.
Miscellaneous
If any provision herein is held to be invalid or unenforceable for
any reason, the remaining provisions will continue in full force
without being impaired or invalidated in any way. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. This TOS, together with
the Privacy Policy, which is incorporated herein by reference,
constitutes the entire agreement between the parties pertaining to the
subject matter hereof, and supersedes in their entirety any and all
written or oral agreements previously existing between the parties with
respect to such subject matter. Except as expressly provided otherwise
in this TOS, this TOS may be amended only by a writing signed by both
parties. The provisions of this TOS are to be interpreted in a
reasonable manner to effect the purpose of the parties, and this TOS is
not to be interpreted or construed against us because we participated
in the drafting of this TOS. The invalidity or unenforceability of any
provision of this TOS will not affect the validity or enforceability of
any other provision. We may assign or transfer this TOS, in whole or in
part, to any party without notice. All terms and conditions of this TOS
which by their nature are meant to survive the termination of this TOS
will survive termination.