TERMS OF USE

AGREEMENT BETWEEN USER AND THE NATIONAL CENTER FOR COLLEGE COSTS

The Indiana College Costs Estimator Web Site (the “Web Site”) is comprised of various Web pages operated by The National Center for College Costs.

The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The National Center for College Costs reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site.

A NOTE TO SCHOLARSHIP APPLICANTS

If you are completing the College Costs Estimator to apply for a scholarship, you and a parent agree that the National Center for College Costs (NCCC) is permitted to release its analysis of your Estimator and your estimated financial aid eligibility to a scholarship provider to whom you have submitted the provider’s scholarship application. By submitting your and/or your parent’s financial information to the NCCC through the use of the College Costs Estimator, you affirm, accept and agree to NCCC’s Terms of Use.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of The National Center for College Costs and The National Center for College Costs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The National Center for College Costs is not responsible for webcasting or any other form of transmission received from any Linked Site. The National Center for College Costs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The National Center for College Costs of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

The National Center for College Costs authorizes you to use this Web Site solely for your own personal non-commercial use. Any other use is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any material or content displayed or residing on the Web Site. As a condition of your use of the Web Site, you warrant to The National Center for College Costs that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The National Center for College Costs has no obligation to monitor the Communication Services. However, The National Center for College Costs reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The National Center for College Costs reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The National Center for College Costs reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The National Center for College Costs' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The National Center for College Costs does not control or endorse the content, messages or information found in any Communication Service and, therefore, The National Center for College Costs specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The National Center for College Costs spokespersons, and their views do not necessarily reflect those of The National Center for College Costs.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE NATIONAL CENTER FOR COLLEGE COSTS OR POSTED AT ANY THE NATIONAL CENTER FOR COLLEGE COSTS WEB SITE

The National Center for College Costs does not claim ownership of the materials you provide to The National Center for College Costs (including feedback and suggestions) or post, upload, input or submit to any The National Center for College Costs Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The National Center for College Costs, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Notwithstanding the foregoing, in accordance with The National Center for College Costs Privacy Statement, The National Center for College Costs will not sell, rent, or lease your non-public personally identifiable information to third parties and will not use or disclose your non-public personal information to third parties without your explicit consent.

No compensation will be paid with respect to the use of your Submission, as provided herein. The National Center for College Costs is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The National Center for College Costs's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE NATIONAL CENTER FOR COLLEGE COSTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS NOT OTHERWISE DIRECTLY ASSOCIATED WITH THE SPECIFIC PURPOSE OF THE WEB SITE AND MISSION OF THE NATIONAL CENTER FOR COLLEGE COSTS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE NATIONAL CENTER FOR COLLEGE COSTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE NATIONAL CENTER FOR COLLEGE COSTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NATIONAL CENTER FOR COLLEGE COSTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE NATIONAL CENTER FOR COLLEGE COSTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE THE NATIONAL CENTER FOR COLLEGE COSTS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE THE NATIONAL CENTER FOR COLLEGE COSTS WEB SITE.

TERMINATION/ACCESS RESTRICTION

The National Center for College Costs reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A., without reference to conflicts of law principles thereof, and you hereby consent to the exclusive jurisdiction and venue of courts in Putnam County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The National Center for College Costs as a result of this agreement or use of the Web Site. The National Center for College Costs' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The National Center for College Costs' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by The National Center for College Costs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions of this agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The National Center for College Costs with respect to Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The National Center for College Costs with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

TRADEMARKS

The trademarks, logos, and services marks (the “Trademarks”) displayed on the Web Site are registered and unregistered Trademarks of The National Center for College Costs and other third parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the express written consent of The National Center for College Costs or such third party that may own the Trademarks displayed on the Web Site. Your use of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in this agreement, is strictly prohibited. You are also hereby advised that The National Center for College Costs will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The National Center for College Costs respects the intellectual property of others and we ask our users to do the same. If you believe that materials or work that you own have been copied in a way that constitutes copyright infringement, or you believe your intellectual property rights have otherwise been violated, pursuant to Title 17, U.S. Code Section 512(c), please provide The National Center for College Costs’ copyright agent (designated below) with the following information:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification of claimed copyright infringement should be submitted to the following designated agent:

Service Provider: The National Center for College Costs
Name of Agent Designated to Receive Notification of Claimed Infringement: David Murray
Full Address of Designated Agent to Which Notification Should Be Sent:

15 West Franklin Street
Greencastle, Indiana 46135
Telephone Number of Designated Agent: (877) 687-7291
Fax Number of Designated Agent: (765) 653-7023
E-Mail Address of Designated Agent: dmurray@collegecosts.com.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

SERVICE CONTACT: webmaster@collegecosts.com