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SUBSCRIPTION AGREEMENT AND TERMS OF USE



THIS AGREEMENT WAS LAST UPDATED ON AUGUST 8, 2017.
The Subscriber Agreement ("Agreement") governs your use of CollegeSource® Online, TES®, TES API web services, and, unless other terms and conditions expressly govern, any other electronic services from CollegeSource, Inc. ("CollegeSource") that may be made available from time to time (each, a "Service", and collectively the "Services").
To the extent you have access to, or are using, a Service without having completed CollegeSource, Inc.'s registration process, you are hereby notified that your continued use of a Service is nevertheless subject to the terms and conditions of this Agreement.
1. CHANGES TO SUBSCRIBER AGREEMENT
CollegeSource may change the terms of this Agreement at any time by notifying you of the change electronically, including without limitation, notifying you by publishing the notice over the Service. The changes will also appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
2. YOUR ACCOUNT
If you access a Service using a password and/or through a secure API using a key supplied by CollegeSource, you are solely responsible for maintaining the confidentiality of that password and/or key. If you believe there has been unauthorized use of the Services using your password or key, you must notify CollegeSource immediately. Further, you agree to notify CollegeSource promptly if you change your email address or other contact information, so that CollegeSource can continue to contact you and send any notices required hereunder. If you fail to notify CollegeSource promptly of a change, then any notice CollegeSource sends to your old email address shall be deemed sufficient notice. You may notify us of these changes by updating your profile within the Service and/or through the Contact form in the footer of the Service login page.
3. LIMITATIONS ON USE
a. Only one individual may access a Service at the same time using the same user name or password, unless CollegeSource agrees otherwise.
b. The Services are for human users only. Any real or perceived use of automated tools to access our Services may result in a block of your IP address or even suspension of your account.
c. The course description data and PDF catalogs, as well as text, graphics, images, video, design, information, organization, compilation, look and feel, advertising and all other protectable intellectual property, and all improvements, suggestions, and derivations thereto and thereof available through the Services (collectively, the "Content") is CollegeSource's property and is protected by copyright and other intellectual property laws. Unless you have CollegeSource's written consent, you may not copy, store, broadcast, publish, sell, distribute, or retransmit the Content, or otherwise provide access to the Content to anyone, including, if applicable, your fellow students or employees, with the following two exceptions:
(i) You may distribute course description data from a Service in non-electronic form to a few individuals for academic, non-commercial use, without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from CollegeSource"
(ii) You may use CollegeSource's e-mail service to e-mail course description data from a Service to a few individuals for your own personal, non-commercial use, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.
d. You agree not to rearrange or modify the Content, create abstracts from the Content, scrape or display data from the Content for use on another web site or service, or to post any of the Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without CollegeSource's written consent. To request consent for this and other matters, please contact CollegeSource Customer Service.
e. CollegeSource has expended considerable time, effort, money and expertise to compile its data. BE WARNED, CollegeSource has implemented suitable precautions to detect unauthorized use of catalogs, course descriptions, API web services, lists etc. including seeding data to detect unlawful duplication, sale and re-use.
f. You agree not to use the Services for any unlawful or unauthorized purpose. CollegeSource reserves the right to terminate or restrict your access to a Service if, in its opinion, your use of the Service does or may violate any laws, regulations or rulings, infringe upon another person's rights, or violate the terms of this Agreement. Also, CollegeSource may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
4. THIRD PARTY WEB SITES, SERVICES AND SOFTWARE
CollegeSource may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You acknowledge that CollegeSource is not responsible for, and do not control, those web sites, services and software.
5. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS. COLLEGESOURCE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COLLEGESOURCE DOES NOT GUARANTEE THE UPTIME OF THE SERVICES. THE SOLE REMEDY OF SUBSCRIBERS TO THE SERVICES SHALL BE TO TERMINATE THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 5 SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
CollegeSource does not provide educational counseling advice. You should always seek the assistance of an educational professional or officer of the appropriate school. CollegeSource® Online PDF catalogs and TES® course description data are converted from either the original printed catalog or electronic media supplied by each school. Although every attempt is made to ensure accurate conversion of data, CollegeSource and the schools which provide the data do not guarantee that the information is accurate or correct. The information provided should be used only as reference and planning tool. Final decisions should be based and confirmed on data received directly from each school.
COLLEGESOURCE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR AS A RESULT OF YOUR ACCESS, ATTEMPTED ACCESS OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ARISING OUT OF OR RESULTING FROM YOUR INABILITY TO ACCESS THE SERVICES AS A RESULT OF NETWORK OR SERVER DOWNTIME, TRANSMISSION PROBLEMS OR OTHERWISE; ANY INCORRECT INFORMATION IN THE CONTENT; ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER SUCH LIABILITY IS CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF COLLEGESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN COLLEGESOURCE'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
6. GENERAL
This Agreement contains the final and entire agreement between you and CollegeSource regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. CollegeSource may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in San Diego County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
 
Copyright©2017 CollegeSource, Inc. All rights reserved.



 
Copyright 2017 CollegeSource, Inc - All rights reserved.
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