The Subscriber Agreement ("Agreement") governs your use of CUE365 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.
CollegeSource may change the terms of this Agreement at any time by notifying you of the change in writing or 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 footer 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.
If you access a Service using a password, 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, 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 using the Contact Us form of the Service.
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.
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.
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.