Terms

Welcome! You’re now part of the TuitionU Community. By using the TuitionU Community, you agree to these terms of service:

Acceptance of Terms of Service
TuitionU and its subsidiaries and affiliates (collectively, “TuitionU”) 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 Community. BY USING THE TuitionU COMMUNITY OR ANY AREA MAINTAINED BY A PARTNER (AS HEREINAFTER DEFINED) THAT YOU ACCESS THROUGH TuitionU, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH TuitionU. If you do not agree to be bound by these Terms of Service, please discontinue your use of the TuitionU Community. The TuitionU Community is provided free of charge to you (unless otherwise indicated).

Although portions of the TuitionU 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 you need to register as a member of TuitionU. 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, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

Additional Terms
From time to time, TuitionU 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 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.

Modification, Amendment, Supplement, and Termination of Terms of Service or the TuitionU Community
TuitionU may modify, suspend, or terminate these Terms of Service and/or the Privacy Policy (referred to below) from time to time in its sole discretion. Your continued use of the TuitionU Community Service or any Partner area constitutes your acceptance of any changes to these Terms of Service or the Privacy Policy. TuitionU shall have no obligation to notify you of any such changes other than posting such modifications on the TuitionU Community.

TuitionU may modify or discontinue the TuitionU 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.

Partners of TuitionU
TuitionU provides its users with access to websites maintained by third parties (each, “Partner”). TuitionU is not responsible for any content on any website maintained by a Partner, nor for any acts or omissions of any Partner. Any claim that you may have against a Partner shall be a matter between you and such Partner, to the exclusion of TuitionU.

Registration as Member
Although portions of the TuitionU 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 you need to register as a member of TuitionU. 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, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

When you register as a member of TuitionU, 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.

Privacy Policy
Any information provided by you or gathered by TuitionU or third parties during any visit to the TuitionU Community shall be subject to the terms of TuitionU’s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read TuitionU’s Privacy Policy. TuitionU 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.

Termination of Registration or Access
TuitionU reserves the right, at its sole discretion, to immediately, without notice: (i) delete any or all content provided by you or your agent(s) to The TuitionU Community; (ii) discontinue your registration(s) with the TuitionU Community and/or any other TuitionU community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the TuitionU 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 deems to be appropriate, upon TuitionU’s determination that (a) you have provided TuitionU with false or misleading registration information, (b) you have committed any breach of these Terms of Service, © your access to any Partner site has been terminated or suspended, (d) you have engaged in conduct that TuitionU and/or its Partners believe is harmful to other members and/or its Partners or other third-party information providers, or (e) your use of the service could lead to offline behavior that is harmful to you, other TuitionU members, the public. Depending on the severity of the matter, number of complaints (if any), and other factors, TuitionU or a Partner may or may not send you warning emails before taking any of the actions described in this paragraph.

If your registration(s) with or ability to access the TuitionU Community, any other TuitionU community and/or any other service, product, content, course, event, tool or digital product provided to you by TuitionU is discontinued by TuitionU due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the TuitionU Community, then you agree that you shall not attempt to re-register with or access the TuitionU Community, any other TuitionU community and/or any other digital product, course content or service provided by TuitionU, 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.

TuitionU reserves the right to terminate free access to the TuitionU Community including any or all content, services, digital products, products, events, courses or tools with or without notice. TuitionU reserves the right (at TuitionU’s discretion) to provide you with notice of such change by prominently posting a notice on the TuitionU Community and/or sending written notice to you at any e-mail and/or post office address you have provided to TuitionU. Once free access is terminated TuitionU may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the TuitionU Community and/or any for-pay content, services, digital products, products, events, tools or products.

Content Produced by Members
You are responsible for any materials you post or make available on or through TuitionU or any Partner areas, including but not limited to message board posts, blogs, personal profile and member profile pages. In addition, you are responsible for the consequences of any content you post or otherwise make available on or through TuitionU or any Partner area. By submitting or otherwise making available materials on or through TuitionU you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.

By submitting or otherwise making available materials to public areas of TuitionU you agree that TuitionU and each Partner 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 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 TuitionU and/or any Partner area, 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 or any Partner. You also agree that TuitionU and any Partner 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 and all Partners 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 TuitionU 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 or any Partner.

Any images you post in personal profiles must be of you only. If you post a photo, TuitionU and/or each Partner may feature you and your photo as a Member of the Day on any TuitionU Sites and any or all Partner areas.

Blog Content
Guidelines for posting to your online journal (blog) shall be as follows: Should any content be reported to TuitionU as being offensive or inappropriate, TuitionU may call upon the author to retract, modify, or protect the content in question. TuitionU shall have the full authority to terminate any account that TuitionU reasonably determines is associated with such inappropriate content or delete any content TuitionU determines is in violation of these Terms of Service.

You acknowledge and agree that TuitionU is under no obligation to restrict or monitor journal content in any way.

You agree that you must evaluate, and bear all risks associated with, the use of any content included in any journal, including any reliance on the accuracy, completeness, or usefulness of such content.

Non-Commercial Use
The TuitionU Community, its products, services, digital products, events, courses, community tools (as more fully described below) and any other element of the TuitionU 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 in writing. Illegal and/or unauthorized use of the TuitionU 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 Community is prohibited. In furtherance thereof, you agree that you will not use the TuitionU 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 Community. TuitionU reserves the right but shall have no obligation to monitor disputes between you and any other member of the TuitionU Community.

Third Party Services
You may order services or merchandise through the TuitionU Community from persons not affiliated with TuitionU (“Sellers”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Seller. TuitionU makes no warranties or representations whatsoever with regard to any goods or services provided by any Seller. You will not consider TuitionU nor will TuitionU be construed as a party to such transactions, whether or not TuitionU may have received some form of revenue or other remuneration in connection with the transaction, nor will TuitionU be liable for any claim you or any other person may have that arises either directly or indirectly, from such 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 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 services are provided on a “final sale” basis and any fee or other charge associated with such services and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported within 60 days to support@TuitionU.com, or will be waived.

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 Community infringe your copyright, you (or your agent) may send TuitionU 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); © identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TuitionU to locate the material on the TuitionU 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 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, General Counsel, TuitionU.com, 4343 N. Scottsdale Rd. Suite 120, Scottsdale AZ 85251 or Support@TuitionU.com. TuitionU 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 COMMUNITY, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE TuitionU COMMUNITY, IS AT YOUR SOLE RISK. THE TuitionU COMMUNITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TuitionU 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 MAKES NO WARRANTY THAT THE TuitionU COMMUNITY WILL MEET YOUR REQUIREMENTS, OR THAT THE TuitionU COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TuitionU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TuitionU COMMUNITY. TuitionU WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE TuitionU COMMUNITY.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TuitionU 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 DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE TuitionU COMMUNITY. TuitionU 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 NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE TuitionU COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. TuitionU ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

TuitionU 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 COMMUNITY, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE TuitionU COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TuitionU OR THROUGH THE TuitionU COMMUNITY, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TuitionU MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE TuitionU COMMUNITY OR ANY TRANSACTIONS ENTERED INTO THROUGH THE TuitionU COMMUNITY.

TuitionU IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE TuitionU COMMUNITY. TuitionU MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH TuitionU MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST TuitionU WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, TuitionU 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 SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE TuitionU COMMUNITY, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY TuitionU AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE TuitionU COMMUNITY, YOU WAIVE ANY CLAIMS AGAINST TuitionU FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

Limitation of Liability
TuitionU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE TuitionU 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 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages
TuitionU and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. TuitionU 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 nor such third party shall have any liability with respect thereto.

Indemnification
You agree to indemnify and hold each of TuitionU, 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 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, Partners or relevant third parties, may provide links to other web sites or resources. Because TuitionU has no control over such sites and resources, you acknowledge and agree that TuitionU 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 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 community, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Phoenix, Arizona.

Miscellaneous
In the event that any provision of these Terms of Service conflicts with the law under which these 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 TuitionU or you 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 of such right to assert or rely upon any such provision or right in that or any other instance.

TuitionU may assign its rights and obligations under these Terms of Service and upon such assignment TuitionU shall be relieved of any further obligation hereunder.

You represent to TuitionU that you have the authority to register with or visit the TuitionU Community according to these Terms of Service. TuitionU 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 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, 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.