Subscriber and Member Agreement
This Agreement sets forth the terms and conditions which apply to the use by you of the mycollegeeducation.com Site (as defined below) and any other subscription product or service offered for sale by mycollegeeducation.com and/or its affiliates (collectively, "mycollegeeducation.com"). The right to use any product or service offered by mycollegeeducation.com is personal to you and is not transferable to any other person or entity.
Definitions.
The "mycollegeeducation.com Site" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by mycollegeeducation.com on the World Wide Web. The mycollegeeducation.com Site consists of information services and content provided by mycollegeeducation.com, affiliates of mycollegeeducation.com and third parties.
General.
mycollegeeducation.com shall have the right at any time to change or discontinue any aspect or feature of the mycollegeeducation.com Site including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting a revised version of this Agreement or notification by electronic mail. Any use by you after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Use of the mycollegeeducation.com Site

The mycollegeeducation.com Site contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the mycollegeeducation.com Site are copyrighted as a collective work under the United States copyright laws. mycollegeeducation.com is the owner of the copyright in the entire mycollegeeducation.com Site. mycollegeeducation.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the mycollegeeducation.com Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the mycollegeeducation.com Site without the express permission of mycollegeeducation.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the mycollegeeducation.com Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You hereby grant to mycollegeeducation.com and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any information submitted by you to mycollegeeducation.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

You may not
(i) select or use a member name or e-mail address of another person with the intention of impersonating that person;
(ii) use a member name or e-mail address of anyone else without authorization;
(iii) use a member name in violation of the intellectual property rights of any person; or
(iv) use a member name that mycollegeeducation.com considers to be offensive.

You shall provide mycollegeeducation.com with accurate, complete and updated information provided by you at the time of registration.

The mycollegeeducation.com Site contains links to other web site, resources and advertisers. mycollegeeducation.com is not responsible for the availability of these external site nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external site. Under no circumstances shall mycollegeeducation.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the mycollegeeducation.com Site and all charges related thereto.

The foregoing provisions of this Section 3 are for the benefit of mycollegeeducation.com, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

mycollegeeducation.com has carefully designed the mycollegeeducation.com Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the mycollegeeducation.com Site in any way that interferes with that purpose. In particular, mycollegeeducation.com prohibits any party from displaying the content on the mycollegeeducation.com Site in any format where third party advertising or other materials that mycollegeeducation.com did not authorize is viewed or viewable together with mycollegeeducation.com's proprietary content.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE MYCOLLEGEEDUCATION.COM SITE IS AT YOUR SOLE RISK. NEITHER MYCOLLEGEEDUCATION.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MYCOLLEGEEDUCATION.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYCOLLEGEEDUCATION.COM SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE.

THE MYCOLLEGEEDUCATION.COM SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYCOLLEGEEDUCATION.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL MYCOLLEGEEDUCATION.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MYCOLLEGEEDUCATION.COM SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYCOLLEGEEDUCATION.COM SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE MYCOLLEGEEDUCATION.COM SITE. MYCOLLEGEEDUCATION.COM'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO MYCOLLEGEEDUCATION.COM

MYCOLLEGEEDUCATION.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE MYCOLLEGEEDUCATION.COM SITE. UNDER NO CIRCUMSTANCES WILL MYCOLLEGEEDUCATION.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE MYCOLLEGEEDUCATION.COM SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE MYCOLLEGEEDUCATION.COM SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

MYCOLLEGEEDUCATION.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MYCOLLEGEEDUCATION.COM SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. MYCOLLEGEEDUCATION.COM MAKES PRODUCTS OR SERVICES AVAILABLE ON THE MYCOLLEGEEDUCATION.COM SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER MYCOLLEGEEDUCATION.COM NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER MYCOLLEGEEDUCATION.COM NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE MYCOLLEGEEDUCATION.COM SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. MYCOLLEGEEDUCATION.COM IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

Indemnification.
You agree to defend, indemnify and hold harmless mycollegeeducation.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the mycollegeeducation.com Site.
Termination.
mycollegeeducation.com shall have the right to immediately terminate this Agreement with respect to any user which mycollegeeducation.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4, 5, 6, 7 and 9 shall survive termination of this Agreement.
Trademarks.
All trademarks appearing on the mycollegeeducation.com Site are the property of their respective owners, including, in some instances, mycollegeeducation.com
Subscription Services; Products.
Subscription Services. mycollegeeducation.com makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by mycollegeeducation.com on the mycollegeeducation.com Site (the "Subscription"):
Subscription Terms.
The Subscription will continue throughout the one academic calendar to which the user subscribes. You authorize mycollegeeducation.com to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. You are responsible for any charges associated to connecting to the mycollegeeducation.com Site, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide mycollegeeducation.com with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
Changed Terms.
mycollegeeducation.com shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the mycollegeeducation.com Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
Termination.
Either you or mycollegeeducation.com may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of mycollegeeducation.com in operating the mycollegeeducation.com Site, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to mycollegeeducation.com, 2815 Monroe Avenue, Rochester, New York 14618, or by e-mail sent from out Contact page. Notice of termination will be effective upon receipt by mycollegeeducation.com Without limiting the foregoing, mycollegeeducation.com shall have the right to immediately terminate this Agreement with respect to any user which mycollegeeducation.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 4, 5, 6, 7 and this Section 9 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by mycollegeeducation.com for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, mycollegeeducation.com shall make a pro rata refund to you.
Products and Other Services.
With respect to products and services offered for sale by mycollegeeducation.com and third parties or through the mycollegeeducation.com Site: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
Miscellaneous.
This Agreement and any operating rules for the mycollegeeducation.com Site established by mycollegeeducation.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.