Findtuition.com

1. Introduction.

Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the www.findtuition.com (the "Site"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. VIEWING ANY PORTION OF THE SITE, REGISTERING ON THE SITE OR OTHERWISE USING THE SITE WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER THE SITE. If you are a User using the Site, you may have entered into a separate agreement with 360 Youth, LLC ("360 Youth"), in which case these Terms and Conditions are part of that agreement. If there is a conflict between these Terms and Conditions and the agreement, the agreement will govern.

 

2. Binding Agreement.

These Terms and Conditions (as they may be amended from time to time by 360 Youth) form a binding agreement between you and 360 Youth, and its owners. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

 

3. Certain Definitions.

The following definitions apply to these Terms and Conditions:

"Site" includes www.findtuition.com in its entirety, as well as related sites owned or operated by 360 Youth, and includes their Content and services as applicable in the context.

"Content" includes all text and data on every page of the Site, whether editorial, navigational, or instructional (including, without limitation, Information), graphics (including, without limitation, all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners), design features (including, without limitation, the color combinations and the page layout of the Site) and programming (including, without limitation, includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site). "Text" includes all.

"Information" means scholarship, grants and financial aid information and other information which may be of interest to students which may be added to the Site from time to time by 360 Youth.

"Services" means any services provided on the Site by 360 Youth or its agents.

"User" refers to any individual or entity who uses any aspect of the Site.

"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

 

4. Acceptable Use of the Site.

4.1 General Use Rules.

The Site is intended to enable Users to find Information. You may use this Site only for lawful purposes within the stated context of 360 Youth's intended and acceptable use of the Site. 360 Youth is the sole interpreter of the Site's intended and acceptable use.

 

4.2 Subscriber Charges and Billing.

Subscriptions: By subscribing to the Site, Users will have access to additional Information not made available to non-subscribing Users. If you subscribe to this Site, you agree to accept the fees, if any, identified as part of your subscription. Subject to any applicable law, fees and charges for subscriptions are non-refundable unless the pricing terms for the applicable subscription expressly says otherwise. You will be notified of any applicable fees before you start incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. 360 Youth reserves the right to change its fees or billing methods at any time. Since fees are charged in advance, changes will not effect subscriptions that have already been purchased. If you do not agree with the changes, you can simply elect not to purchase a new subscription.

Payment: You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc.) prior to receiving your subscription, and you expressly authorize 360 Youth to charge your subscription fee, to the payment method you have designated.

Minors: You may not obtain a subscription unless you are at least 13 years old, and you represent that you are at least 13 years old by subscribing and providing payment as provided for above.

 

4.3 Other Specific Rules.

You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is not expressly permitted by these Terms and Conditions. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.

 

5. Intellectual Property Rights.

The Site and all right, title and interest in and to the Site is the sole property of 360 Youth or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, 360 Youth reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "FindTuition," the FindTuition design logo and certain other names or logos are service marks or trademarks of 360 Youth, and all related product and service names, design marks and slogans are the service marks or trademarks of 360 Youth. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by 360 Youth's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

 

6. Disclaimers and Limitations on 360 Youth's Liability.

6.1 Allocation of Responsibility.

360 Youth assumes no responsibility for the activities, omissions or other conduct of Users.

 

6.2 No endorsements by 360 Youth.

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

 

6.3 No Guaranty of Results.

360 Youth is not a scholarship or tuition aid provider, nor does it provide any of the services related to the Information, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users. Without limiting the generality of the foregoing, 360 Youth does not guarantee that any User will be awarded a scholarship or any other award, and is not responsible for any scholarship decisions or other award decisions, for whatever reason made, made by any User.

 

6.4 WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 360 YOUTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 360 YOUTH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) 360 YOUTH DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 360 YOUTH IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) 360 Youth makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any scholarship information, or of any other form of communication engaged in by Users. Information related to scholarships may contain inaccuracies or typographical errors. You agree that any reliance on Information posted on the Site will be at your own risk.

(iii) 360 Youth makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

 

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE INFORMATION YOU PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL 360 YOUTH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENT, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 360 YOUTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN 360 YOUTH'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO US$200.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL 360 YOUTH (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENT, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH 360 YOUTH, THE AMOUNTS ACTUALLY PAID BY YOU TO 360 YOUTH UNDER THIS AGREEMENT IF GREATER THAN US$200.00).

(e) Due to the nature of these Terms and Conditions, in addition to money damages, 360 Youth will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

 

7. Payment of Services upon Termination.

If at any time during the course of this agreement you should terminate this Agreement, not to include your termination in the case of breach of this agreement by 360 Youth, 360 Youth shall reserve the right to receive all payments from you of the services used by you up to termination and for one hundred percent (100%) of the remaining unused portion of this Agreement.

 

8. Links to Other Sites.

The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by 360 Youth of the contents on such third-party Web sites. 360 Youth is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

 

9. Amendments to this Agreement and Changes to Site.

360 Youth may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by 360 Youth unless 360 Youth agrees to them in a signed writing specifically including those new or different terms. 360 Youth may change the Site at any time.

 

10. Indemnity.

You agree to defend, indemnify, and hold harmless 360 Youth (and its parent, affiliates, officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any information provided or used by you, or your breach of these Terms and Conditions. 360 Youth shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

 

11. User Information.

The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through the Site's on-line operations only. In addition, 360 Youth reserves the right to comply, in its sole discretion, with legal requirements.

 

12. Questions and Notices.

Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for 360 Youth, to the address listed on the Site, and, for you, to the address submitted by you or such other address as 360 Youth reasonably determines is an appropriate address for you.

 

13. General. 360 Youth contact information is listed on the Site.

360 Youth makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of New York. Your and 360 Youth's sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by 360 Youth in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and 360 Youth.

 

14. Security Rules.

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

(b) Violation of these Security Rules may result in immediate removal from the Site and civil or criminal liability. 360 Youth will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.>