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The following User Agreement (“Agreement”) dictates the use of www.CollegeBlender.com (“Website”), a website owned and operated by Delaware corporation, The College Blog Network Inc. (“CollegeBlender”).


Subject to the terms and conditions of this Agreement, CollegeBlender may offer to provide certain services, as described more fully on the Website, and which are selected by User through the process provided on the Website (“Services”), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any service and content CollegeBlender performs for you, as well as the offering of any materials displayed, transmitted or performed on the Website or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). CollegeBlender may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. CollegeBlender may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. CollegeBlender reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Website, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.


User certifies to CollegeBlender that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Services and access the Website, and takes full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.


By using CollegeBlender to create and submit Content, you merit that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available here: http://creativecommons.org/licenses/publicdomain/, and that you do not object to the use of the Content by CollegeBlender in any context.


User is responsible for all of its activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Website. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any CollegeBlender user.
Use of the Website or Services to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.


CollegeBlender has no special relationship with or fiduciary duty to User. User acknowledges that CollegeBlender has no control over, and no duty to take any action regarding: which users gain access to the Website; what Content User accesses via the Website; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases CollegeBlender from all liability for User having acquired or not acquired Content through the Website. The Website may contain, or direct User to websites containing, information that some people may find offensive or inappropriate. CollegeBlender makes no representations concerning any content contained in or accessed through the Website, and CollegeBlender will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): COLLEGEBLENDER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEB-WEBSITE LINKED TO THE WEBSITE. CollegeBlender will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CollegeBlender’s equipment, transmitted over networks accessed by the Website, or otherwise connected with User's use of the Services.


As a condition to using certain Services, User may be required to register with CollegeBlender and select a password and User name (“CollegeBlender User ID”). User shall provide CollegeBlender with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a CollegeBlender User ID a name of another person with the intent to impersonate that person; or (ii) use as a CollegeBlender User ID a name subject to any rights of a person other than User without appropriate authorization. CollegeBlender reserves the right to refuse registration of, or cancel a CollegeBlender User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s CollegeBlender password.
User will indemnify and hold CollegeBlender, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Website, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL COLLEGEBLENDER BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.


Some of the Services may require payment of fees. User shall pay all applicable fees, as described on the Website in connection with such Services selected by User. CollegeBlender reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Website. Use of the Services by User following such notification constitutes User's acceptance of any new or increased charges.
Either party may terminate the Services at any time by notifying the other party by any means. CollegeBlender may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CollegeBlender shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CollegeBlender’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with CollegeBlender's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to the conflict of laws provisions thereof. User agrees to personal jurisdiction by the state and federal courts sitting in Delaware. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration. Both parties agree that this Agreement, CollegeBlender’s Privacy Statement, and other policies posted by CollegeBlender on the Website are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind CollegeBlender in any respect whatsoever.