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This online service is provided by
ScholarshipExperts.com (“ScholarshipExperts.com”) to the
person using the Service (“You” or “Your”)
pursuant to these Terms of Use (the “Terms”) and
any operating rules or policies that may be
published from time to time by
ScholarshipExperts.com. |
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Binding Nature |
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These Terms are a binding agreement. By
accessing or using the Internet site located at
www.scholarshipexperts.com and any other
Internet sites operated by
ScholarshipExperts.com for third parties (the
“Sites”) or any services provided to You in
connection with the Sites (the “Service”), You
agree to abide by these Terms of Use ("Terms"),
as they may be amended by ScholarshipExperts.com
from time to time in its sole discretion. Please
read them carefully. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE
SITES OR THE SERVICE. YOU AGREE THAT BY USING
THE SITES OR THE SERVICE YOU REPRESENT THAT YOU
ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. |
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Modifications and Amendments |
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ScholarshipExperts.com reserves the right to
modify or discontinue, temporarily or
permanently, the Sites or the Service for any
reason, at its sole discretion, with or without
notice to You. ScholarshipExperts.com likewise
may change the terms and conditions of the Terms
from time to time with or without notice to You.
You agree to review the Terms periodically to
ensure that You are aware of any modifications.
Your continued access or use of the Sites after
the modifications have become effective shall be
deemed Your conclusive acceptance of the
modified Terms. |
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Eligibility for Scholarships and Awards |
Your use of the Sites and the submission of any
applications, profiles or forms completed by You
through the Sites or the Service DOES NOT
qualify You for any financial aid, scholarships
or awards. Your eligibility for financial aid,
scholarships and awards will be determined by
Your individual financial situation and the
opinion of external agencies (e.g., scholarship
providers, schools, lenders, and the United
States Department of Education), among other
things. Searching for scholarships and/or
submitting a profile or an application for a
scholarship or award does not guarantee that You
will receive any scholarship, award, financial
aid or other funds. Eligibility for any
financial aid, awards or scholarships will be
determined by the entities providing or
sponsoring the financial aid, awards or
scholarships or by other designated entities. In
addition, specific financial aid, awards and/or
scholarships may have been previously granted or
awarded at the time You submit a profile or an
application for a scholarship or award, and
ScholarshipExperts.com shall not be liable to
You or any third party in any such event. |
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Scholarship Providers |
ScholarshipExperts.com has no control over, and
no liability for any third party scholarship or
financial aid providers, including the legality
of any scholarships or awards, the truth or
accuracy of any listings, the ability of
scholarship providers to provide scholarships or
awards, including those of scholarship or
financial aid providers whose Internet sites may
be linked with the Sites. Because neither
ScholarshipExperts.com nor the Sites have
control over the content and performance of
Internet sites of scholarship or financial aid
providers, ScholarshipExperts.com makes no
guaranty and does not warrant the accuracy,
currency, content, or quality of the information
provided by such sites or that such sites are
error-free or that Your access will be
uninterrupted or that material accessible from
the Sites is free of viruses.
ScholarshipExperts.com does not endorse any
scholarship or financial aid providers. |
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Privacy |
When registering or completing and submitting a
profile or application on any of the Sites, You
agree to provide current, complete, and accurate
information about You. If any information You
provide is untrue, inaccurate, not current or
incomplete, ScholarshipExperts.com has the right
to terminate Your account, not share or provide
Your information to any entities providing or
sponsoring financial aid, awards or
scholarships, and/or decline to provide any and
all future use of the Sites by You. When You
submit a profile or application,
ScholarshipExperts.com may access, store, and
use all information included therein for any
purpose. Additionally, if You provide permission
to do so, ScholarshipExperts.com may sell,
share, distribute, or disclose to third parties
all information You provide, including
scholarship providers, educational institutions
and others. Please see the Privacy Policy, which
is incorporated by reference into these Terms,
for the details of ScholarshipExperts.com’s
commitment to Your privacy. |
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User Name and Password |
When registering or completing and submitting a
profile or application on any of the Sites, You
will be asked to provide a user name and
password. You are entirely responsible for
maintaining the confidentiality of Your user
name and password and for any and all activities
that occur under Your password or account. You
agree to immediately notify
ScholarshipExperts.com of any unauthorized use
of Your account, user name or password or any
other breach of security known to You. You may
not use the account, username, or password of
someone else at any time. ScholarshipExperts.com
shall not be liable for any loss that You incur
as a result of someone else using Your user name
or password, either with or without Your
knowledge. You may be held liable for any losses
incurred by ScholarshipExperts.com, its
affiliates, officers, directors, employees,
consultants, agents, and representatives due to
someone else’s use of Your account, user name or
password. |
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Use of Software |
ScholarshipExperts.com may make certain software
available to You from the Sites. If You download
software from the Sites, the software, including
all files and images contained in or generated
by the software, and accompanying data
(collectively, “Software”) are deemed to be
licensed to You by ScholarshipExperts.com, for
Your personal, noncommercial, home use only.
ScholarshipExperts.com does not transfer either
the title or the intellectual property rights to
the Software, and ScholarshipExperts.com retains
full and complete title to the Software as well
as all intellectual property rights therein. You
may not sell, redistribute, or reproduce the
Software, nor may You decompile,
reverse-engineer, disassemble, or otherwise
convert the Software to a human-perceivable
form. All trademarks and logos are owned by
ScholarshipExperts.com or its licensors and You
may not copy or use them in any manner. |
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WARRANTY DISCLAIMER |
SCHOLARSHIPEXPERTS.COM HEREBY DISCLAIMS ALL
WARRANTIES. SCHOLARSHIPEXPERTS.COM IS PROVIDING
THE SITES AND THE SERVICE ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR
LOSS FROM USE OF, OR INABILITY TO USE, THE SITES
OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, SCHOLARSHIPEXPERTS.COM EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE SITES AND THE SERVICE,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SCHOLARSHIPEXPERTS.COM DOES NOT WARRANT (I) THAT
THE SITES OR THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THAT THE OPERATION OF THE
SITES OR THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, (III) THE RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR (IV) THE
ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE.
ScholarshipExperts.com disclaims any warranty
that the Sites and the Service (or any
information or software contained therein) are
free of viruses, worms, Trojan horses or other
code that manifest contaminating or destructive
properties. ScholarshipExperts.com assumes no
responsibility for the deletion or failure to
store or transmit any data or other information
provided by You in connection with the Service. |
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Ownership |
The contents of the Sites and the Service,
including their "look and feel" (e.g., text,
graphics, images, logos, and button icons),
editorial content, notices, software (including
html-based computer programs), and other
material and the compilation of all such content
on the Sites are protected under both United
States and foreign copyright, patent, trademark,
and other laws. Such contents, the Sites and the
Service and all rights therein are, and shall at
all times remain, the sole and exclusive
property of ScholarshipExperts.com or its
affiliates and/or their respective licensors.
The information and materials contained in the
Sites or the Service may not be copied,
displayed, distributed, downloaded, licensed,
modified, published, reposted, reproduced,
reused, sold, supplemented, transmitted, used to
create a derivative work or otherwise used for
public or commercial purposes without the
express written permission of
ScholarshipExperts.com. The Sites and the
Service are proprietary and confidential to
ScholarshipExperts.com, and You agree to use the
Sites and Service solely for Your internal
business purposes. You agree not to reproduce,
duplicate, copy, sell, resell, use or exploit
for any commercial purposes, the Sites or
Service or use of or access to the Sites or
Service or any information or technology
obtained from the Sites, or assist or permit any
third party to do so. You agree that You will
not use any robot, spider, other automatic
device, or manual process to monitor or copy
pages of the Sites or the content contained
therein. You agree that You will not use any
device, software or routine to interfere or
attempt to interfere with the proper working of
the Sites or Service or any transaction being
conducted on the Sites. |
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Compliance with Laws |
You agree to comply with by all applicable
local, state, national, and international laws
and regulations, and any rules or policies that
may be published from time to time by
ScholarshipExperts.com, in Your use of the Sites
and the Service. The Sites and the Service are
available only to individuals who are permitted
to use them under applicable law. If You do not
qualify, You may not use the Sites or the
Service. You agree to be solely responsible for
Your actions and the contents of Your
transmissions through the Sites and Service. You
agree not to impersonate any person or entity or
falsely state or otherwise misrepresent Your
identity or affiliation with a person or entity. |
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Violations |
You agree that ScholarshipExperts.com may
terminate Your password, account, or use of the
Sites or the Service in its sole discretion for
any reason. To ensure that
ScholarshipExperts.com provides a high quality
experience for You and for other users of the
Sites and the Service, You agree that
ScholarshipExperts.com or its representatives
may access Your account and records on a
case-by-case basis to investigate complaints or
allegations of abuse, infringement of third
party rights, or other unauthorized uses of the
Sites or the Service. ScholarshipExperts.com
does not intend to disclose the existence or
occurrence of such an investigation unless
required by law, but ScholarshipExperts.com
reserves the right to terminate Your account or
Your access to the Sites or Services
immediately, with or without notice to You, and
without liability to You, if
ScholarshipExperts.com believes that You have
violated any of these Terms, submitted or
otherwise furnished ScholarshipExperts.com with
false or misleading information, or interfered
with use of the Sites or the Service by others. |
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LIMITED LIABILITY |
SCHOLARSHIPEXPERTS.COM’S LIABILITY TO YOU IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SCHOLARSHIPEXPERTS.COM BE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT
NOT LIMITED TO, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST
DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR
SERVICES PROVIDED TO YOU BY
SCHOLARSHIPEXPERTS.COM. This limitation shall
apply regardless of whether the damages arise
out of breach of contract, tort, or any other
legal theory or form of action, and includes but
is not limited to any liability associated with
any viruses which may infect Your computer
equipment. Calculators and tools contained on
the Sites or in the Service provide You with
estimates that may be different than actual
amounts. Notwithstanding the foregoing, because
some jurisdictions do not allow for the
exclusion or limitation of liability to the full
extent described above, some of these exclusions
may not apply to You. If these limitations or
exclusions are held to be invalid or
unenforceable for any reason, the maximum
collective liability of ScholarshipExperts.com,
its officers, directors, employees, and agents,
if any, for losses or damages shall not exceed
$100. In no event shall ScholarshipExperts.com,
its officers, directors, employees, and agents
be liable to You for any losses or damages
greater than the amount referred to above. |
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Affiliate Sites and Links |
On the Sites, You will find content, functions,
information, and tools, including those provided
by third parties that are not the property of
ScholarshipExperts.com. On the Sites You may
also find links that will transfer You to the
websites of organizations that can provide You
with value-added information and/or
functionality. By linking to these websites,
ScholarshipExperts.com does not represent or
imply that there is any business relationship
between the two entities. Furthermore,
ScholarshipExperts.com strives to keep these
links as current and accurate as possible, but
it cannot guarantee and expressly does not
warrant that such links point to the intended
third party site. Links to and from these sites
do not constitute an endorsement by
ScholarshipExperts.com. ScholarshipExperts.com
has no control over, and no liability for any
third party websites or materials, including
those of partners and affiliates whose Internet
sites may be linked with the Sites. Because
neither ScholarshipExperts.com nor the Sites
have control over the content and performance of
these partner and affiliate sites,
ScholarshipExperts.com makes no guaranty and
does not warrant the accuracy, currency,
content, or quality of the information provided
by such sites or that such sites are error-free
or that Your access will be uninterrupted or
that material accessible from the Sites is free
of viruses. In addition, ScholarshipExperts.com
assumes no responsibility for unintended,
objectionable, inaccurate, misleading, or
unlawful content that may reside on those sites.
Similarly, from time to time in connection with
Your use of the Sites, You may have access to
content items (including, but not limited to,
websites) that are owned by third parties. You
acknowledge and agree that
ScholarshipExperts.com makes no guarantees
about, and assumes no responsibility for, the
accuracy, currency, content, or quality of this
third party content, and that, unless expressly
provided otherwise, these Terms shall govern
Your use of any and all third party content. |
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Prohibited Users |
ScholarshipExperts.com imposes certain
restrictions on Your permissible use of the
Sites and the Service. You shall use the Sites
and the Service only for the purposes authorized
by ScholarshipExperts.com. You may not use the
Sites or the Service in violation of any
applicable laws or regulations or in a manner
that will infringe the copyright, trademark,
trade secret or other intellectual property
rights of others or violate the privacy,
publicity or other personal rights of others.
You are prohibited from violating or attempting
to violate any security features of the Sites or
Service, including, without limitation, (a)
accessing content or data not intended for You,
or logging onto a server or account that You are
not authorized to access; (b) attempting to
probe, scan, or test the vulnerability of the
Service, the Sites, or any associated system or
network, or to breach security or authentication
measures without proper authorization; (c)
interfering or attempting to interfere with
service to any user, host, or network,
including, without limitation, by means of
submitting a virus to the Site or Service,
overloading, “flooding,” “spamming,” “mail
bombing,” or “crashing”; (d) using the Sites or
Service to send unsolicited e-mail, including,
without limitation, promotions, or
advertisements for products or services; (e)
forging any TCP/IP packet header or any part of
the header information in any e-mail or in any
posting using the Service; or (f) attempting to
modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to
reduce to a human-perceivable form any of the
source code used by ScholarshipExperts.com in
providing the Sites or Service. Any violation of
system or network security may subject You to
civil and/or criminal liability. |
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Indemnity |
You agree to indemnify, defend, and hold
harmless ScholarshipExperts.com and its related
companies, and their respective directors,
officers, employees, and agents, from and
against all losses, expenses, damages, and
costs, including reasonable attorney fees,
arising out of or relating to (i) access to or
use of the Sites or the Service by You or any
other person accessing the Sites or the Service
using Your user name and password, (ii) Your
violation of these Terms. ScholarshipExperts.com
will notify You promptly of any such claim,
loss, liability, or demand, and will provide You
with reasonable assistance, at Your expense, in
defending any such claim, loss, liability,
damage, or cost. |
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Copyright |
All contents of Sites or Service are: Copyright
© 2007 ScholarshipExperts.com. All rights reserved. |
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No License |
Nothing contained on the Site should be
understood as granting You a license to use any
of the trademarks, service marks, or logos owned
by ScholarshipExperts.com or by any third party. |
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Miscellaneous |
You represent and warrant that You possess the
legal right and ability to enter into these
Terms and to use the Sites and the Service in
accordance with these Terms.
ScholarshipExperts.com makes no claim that the
Sites or the Service may be lawfully viewed or
accessed outside of the United States. Together
with any other written contract, these Terms
comprise the entire agreement between You and
Company and supersedes all prior agreements
between the parties regarding the subject matter
contained herein. These Terms shall be governed
in all respects by the substantive laws of the
state of California, without regard to its
provisions relating to conflict of laws. You and
ScholarshipExperts.com agree to submit to the
personal and exclusive jurisdiction and venue of
the state and federal courts located within the
County of San Diego, California. The failure of
ScholarshipExperts.com to exercise or enforce
any right or provision of these Terms shall not
constitute a waiver of such right or provision,
and no waiver shall be effective unless made in
writing and signed by an authorized
representative of the waiving party. If any
provision of these Terms is found by a court of
competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision, and
the other provisions of these Terms shall remain
in full force and effect. In no event shall
ScholarshipExperts.com be liable for damages
caused by third parties not under its control or
by other causes beyond its reasonable control,
including, but not limited to, damages caused by
third party telecommunications service
providers. You agree not to assign or transfer
any of your rights or obligations under these
Terms. You agree that regardless of any statute,
regulation, or law to the contrary, any claim or
cause of action arising out of or related to use
of the Sites or services or these Terms must be
filed within one (1) year after such claim or
cause of action arose or be forever barred. |
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ACKNOWLEDGEMENT |
BY USING THE SERVICE OR ACCESSING THE SITES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
USE AND AGREE TO BE BOUND BY THEM. |
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Rev. 6/1/2007 |
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