Terms of Use

Last Modified: June 10, 2020

Accepting Edvisors' Terms of Use
Privacy Policy
Changes to Edvisors' Terms of Use and Other Services
Third-Party Links and Content
User Submissions and User Responsibilities
Digital Millennium Copyright Act
Children's Online Privacy Protection Notice
Proprietary Rights to Content
Eligibility for Registered Services
Registration and Visitation Obligations
Registered Services Password and Account Access
Registered-User and Website Visitor Conduct
Liability for Technical Disruptions to Our Website(s)
Disclaimer of Warranties
Limitation of Liability
Indemnification
Use and Storage
Trademark Information
Arbitration
Compliance with FTC Guidelines on Endorsements/Testimonials
Jurisdiction
Entire Agreement
Assignment
Invalidity; Waiver
Termination
Definitions
User Suggestions
Questions/Comments

1. Accepting Edvisors’ Terms of Use

Edvisors Network, Inc. (“Edvisors,” “ENI,” “we,” “us,” “our”), a Massachusetts corporation, operates several websites, including but not limited to the following:

Edvisors.com

ScholarshipPoints.om

PrivateStudentLoans.com

HowToGetIn.com

RewardFish.com

StudentLoanConsolidator.com

FinancialAidForum.com

CollegeToolkit.com

StudentScholarshipSearch.com

Edvisors provides its services to you through its Websites (“Website”), mobile applications and related services, including, but not limited to, the RewardFish® program (collectively, “Services”), subject to the following Terms of Use. By accessing this Website, mobile application or using the Services, you agree to these Terms of Use. If you do not agree to any of the terms and conditions of these Terms of Use, please do not use the Services and exit the website now. You may be required to register with Edvisors in order to access and use certain Services or features (“Registered Services”). If you choose to register, you must meet the eligibility requirements of the website and your choice to register for such Registered Services indicates your acceptance of these Terms of Use.

2. Privacy Policy

As a condition for using the Service(s), you agree that you have read, understood and accept Edvisors’ Privacy Policy, which may be updated from time to time. After notice of a change to the privacy policy, continued use of the website(s) will be deemed acceptance of the policy.

3. Changes to Edvisors’ Terms of Use and Our Services

We reserve the right to modify these Terms of Use at any time and in our sole discretion without prior notice. Furthermore, we reserve the right to add to, update, delete from or modify the Services at any time and in our sole discretion. We may post or display notices of changes to the Term of Use on or through the Services. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, your sole recourse shall be to cease using the Services. Any access or use by you of the Services after any changes to our Terms of Use constitutes conclusive evidence of your acknowledgement of the modification to these Terms of Use and your agreement to be bound by such change(s). You should check back regularly and review these Terms of Use. Any new or additional feature of the Services shall be subject to these Terms of Use.

4. Third-Party Links and Content

Edvisors does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants on Edvisors websites. In other words, the Edvisors website(s) is/are merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. Edvisors does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and Edvisors shall not be liable for any harm resulting from or in connection with reliance on any such content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. In addition, the Edvisors. shall not be a party to or liable in any way for any harm associated with, any transaction between our users and any other user or participant on the website(s). Notwithstanding the foregoing, Edvisors reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

The Services may contain links to third-party websites or applications that are not owned or controlled by Edvisors. Edvisors has no control over, and assumes no responsibility for the products, services, content, privacy policies or practices of any third-party website or application. In addition, Edvisors is unable and unwilling to censor or edit the content of any third-party website or application. By accessing and using the Services, you expressly relieve Edvisors from any and all liability arising from your use of any linked third-party website or application.

Accordingly, we encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each website or application that you access or use. If you decide to access any other websites or applications linked to or from our Services, you do so entirely at your own risk. Any questions, complaints, or claims related to any product or service provided by a third-party on the Services should be directed to the applicable third-party.

The Services display some content which is not Edvisors’. This content is the sole responsibility of the individual or entity that makes the content available.

5. User Submissions and User Responsibilities

The Services may permit the submission of certain user-generated text, information, data, video, chats, audio, photographs, files, messages or other content to or through the Services (“User Submissions”) and the hosting, sharing, transmission and/or publishing (“posting”) of such User Submissions. User Submissions may be used, distributed and published by Edvisors and viewed by both general users and Members of the Services. You understand that Edvisors does not guarantee any confidentiality with respect to any User Submissions.

Edvisors encourages you to carefully choose the information you submit, post, or provide to others using the Services or Services features (including, but not limited to, comments, blogs, video chat sessions, mobile application, Promotions entries, or Contest entries). Edvisors does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Any conversations or information you have or share with others using features that are available on the Services and any User Submissions may be accessible and viewable by all other users or by other Members of the Services. Edvisors reserves the right, but undertakes no duty, to remove, edit, or reject any User Submissions at any time, in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of Edvisors violate these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. Even after a User Submission is removed from the Services, whether such removal or deletion is by you or by us, copies of that User Submission may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Edvisors may restrict, suspend or terminate any user’s access to or use of all or any part of the Services or its features at any time, for any reason, with or without notice and with no liability to Edvisors whatsoever.

You shall be solely responsible for your own User Submissions and the consequences of posting them and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Submissions. In connection with User Submissions, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Edvisors to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Services and their Terms of Use; (ii) posting your User Submission on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever. Edvisors reserves the right to remove user submission(s).

User agrees to indemnify Edvisors for any content User post which user does not have the requisite permission as affirmed in (i) - (iii) in the foregoing paragraph.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submission you post or store through the Services or provide to Edvisors.

All User Submissions posted on Edvisors’ Websites or through Edvisors’ Services will be the exclusive property of Edvisors.

Some areas of the Websites allow Users to post content such as comments, questions, and other content or information (“User-Generated Content”).

We may moderate the comments that appear on our Websites. We reserve the right but do not assume the obligation to delete or withhold publication of comments that violate our standards. Comments that are obscene, libelous or defamatory, or include vicious personal attacks will not be published. Comments or images that are racist, sexist, homophobic or otherwise offensive will not be published.

Additionally, you agree not to engage in any of the following prohibited activities or behaviors:

impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Websites;
post, upload, transmit, send or otherwise make available on or through the Websites any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
use any language that is, or post, upload, transmit, send or otherwise make available on or through the Websites any User-Generated Content about a person or group that is violent or that victimizes, degrades, defiles or disparages any person or group based on race, color, religion, national origin, ancestry, citizenship status, physical or mental disability, sex, sexual orientation, gender identity and expression, age, medical condition, or veteran status or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
use any language, or post, upload, transmit, send or otherwise make available on or through the Websites any User-Generated Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation libel, child pornography, fraud, or invasion of privacy;
stalk others on or through the Websites, or using information obtained on or through the Websites;
disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with the Websites, including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Websites, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Websites or otherwise;
post, upload, transmit, send or otherwise make available on or through the Websites any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature;
disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
violate any law (whether local, state, national, or international), whether or not intentionally;
forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
"Frame" or "mirror" any part of the Sites; or
engage in any other activity deemed by Edvisors to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

Website Activity Analysis

We may analyze activity on the Websites to foster compliance with the Terms of Use. You hereby specifically agree to such analysis. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Websites, or any portion thereof, will in fact be analyzed for any particular purpose(s), (2) apparent statements of fact not made by Edvisors will be authenticated or substantiated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Terms of Use.

6. Digital Millennium Copyright Act

Edvisors responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the DMCA (see 17 U.S.C. 512(c)(3) for further information). To file a notice of infringement you must provide a written communication that sets forth the items specified below. You may be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the Websites, a web page or any content on the Websites is infringing your copyright. As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under the doctrine of fair use. If you are not sure whether material located on a Edvisors site infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

A. Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Edvisors content infringes upon your copyright, you may submit a written notification pursuant to the DMCA by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that I allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by the notification, a representative list of such works on or in the Services: (iii) a description of the location on the Services or Websites of the allegedly infringed material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the matter complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Edvisors’ designated Copyright Agent for notice of claims of infringement is:

Compliance Department
College Loan Corporation
350 S. Rampart Blvd., Suite 200
Las Vegas, NV 89145
Email: [email protected]
Telephone: (702) 777-8405

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Edvisors’ customer service at [email protected]. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Termination of Repeat Offenders. In accordance with the DMCA and other applicable law, Edvisors shall, in appropriate circumstances, terminate access, at Edvisors’ sole discretion, of any general user or Member that Edvisors finds to be a repeat infringer of other copyrights. Edvisors may also, in its sole discretion, limit or fully terminate access to the Website or Service(s) of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

7. Children’s Online Privacy Protection Notice

This Website is not directed or otherwise promoted for use by children under the age of thirteen (13). Edvisors does not knowingly collect, maintain or use personal information from our websites about children under age 13. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of 13. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third-parties. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information via our site.

8. Proprietary Rights to Content

You agree that title, ownership rights, and other intellectual property and proprietary rights in the Services shall remain in Edvisors and/or its licensors and suppliers. You acknowledge that the content of this Website and the Services - including but not limited to text, sound, photographs, graphics, software or other material contained in either Edvisors, Sponsor, Client, Affiliate or Reward Partner electronic mail communications, services or software - is copyrighted by Edvisors and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Edvisors or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Edvisors and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Edvisors, its Clients, Affiliates, Sponsors or Reward Partners may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any such content. You may use Edvisors’, Sponsor’s, Client’s, Affiliates or Reward Partners’ content, service or software only as expressly authorized by Edvisors, the Sponsor, the Client , the Affiliate or the Reward Partner.

You acknowledge and agree that the Services and any necessary software provided by Edvisors or its Sponsors, Clients, Affiliate, Reward Partners or other third-party partners and used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Edvisors grants you a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with your use of this Website and the Services; provided that you do not (and do not allow any third-party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. You agree not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Edvisors for such use.

9. Eligibility for Registered Services

Some Edvisors’ websites require registration in order to fully use the website. You will be required to register if you wish to obtain access to Edvisors Websites that provide Registered Services and become a registered member (“Member”), subject to the following eligibility requirements: (i) Members must be thirteen years or older at the time of registration; (ii) membership is limited to individuals only, corporations or other business entities may not become Members; (iii) Registered Services are limited to one account per individual, even if the individual has multiple email addresses; (iv) employees of Edvisors and members of their household are not eligible to participate; and (v) automated services, scripts, or other machines are not eligible. Some Registered Services have additional eligibility requirements, which will be contained within the specific terms and conditions of Member Agreements associated with participation in those Registered Services.

10. Registration and Site Visitation Obligations

To access and use Services, you need computer equipment and telecommunications access necessary to connect to and access the World Wide Web. You must provide, at your own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees such as ISP charges) necessary to access the Services and any future enhancements or additional services. In consideration of use of Registered Services, you agree to provide to Edvisors and its third-party partners true, accurate, current, and complete information as prompted by the Registered Service Website’s online registration form (the “Registration Data”) and agree to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Edvisors may suspend or terminate your account and/or access to the Website immediately and may refuse you all current or future use of the Registered Service. Some Services include Promotions and Contests. If you are the winner of any such Promotion or Contest you understand you may be required to allow Edvisors to use your name, likeness, testimonials, contest submissions and biographical information for future promotional material along with reporting required by law.

11. Registered Services Password and Account Access

Members of Registered Services have certain Rights & Responsibilities with respect to Password and Account Access: (i) Member must select a password as part of the registration process (unless the Member logs in using a third-party social media functionality such as Facebook Connect); (ii) in order to prevent unauthorized activity, to access the Registered Service on the Internet, Member must give the Registered Service their e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and participate in Promotions and Contests: (iii) for security purposes, Member is advised to memorize, and not to write down, his/her password; (iv) Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member’s e-mail address and password, including all unauthorized activities: (v) Member agrees to (a) immediately notify Edvisors of any unauthorized use of Member’s e-mail address and password or any other breach of security related to this Website or the Service, and (b) ensure that Member logs out from Member’s account at the end of each session; and (vi) Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member’s account.

Edvisors has certain Rights & Responsibilities with respect to Password and Account Access: (i) Edvisors will implement security measures at or above industry standards to secure Member’s password on the database; (ii) Edvisors is entitled to act on instructions received under Member’s password and e-mail address; and (iii) Edvisors cannot and will not be liable for any loss or damage arising from Member’s failure to adequately safeguard Member’s e-mail address and/or password.

12. Registered-User and Website Visitor Conduct

You agree not to use any website with Edvisors service marks, including but not limited to Facebook, X, Pinterest, blogs or other social media site, or this Website to: (i) violate any local, state, national or international law; (ii) stalk, harass, or harm another individual; (iii) collect or store personal data about other Website visitors or registered users; (iv) impersonate any person, or otherwise misrepresent your identity; (v) interfere with, disrupt or violate these Terms of Use and operating rules of the Services or servers or networks connected to the Services; or disobey any requirements, procedures, policies, or regulations of such networks; (vi) interfere with another Website visitor’s or registered user’s use of the Services; (vii) attempt to gain unauthorized access to the Services, or to other accounts, computer systems, or networks connected to the Services; (viii) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (ix) use the Services to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; (x) resell, barter, trade, auction or otherwise generate income by providing access to the Services to others; (xi) exploit bugs, coding or scripting error to achieve a task, participate in or rig a contest, sweepstakes or other activity.

You may not upload, post, email, transmit or otherwise make available any User Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Additionally, you may not use the Services in connection with affiliate programs, multi-level marketing schemes, sites/blogs, repurposing existing stories (source hops), or off-topic content.

You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Services or any part thereof, in order to (i) build a competitive product or Service; (ii) build a product using similar ideas, features, functions, or graphics of the Service; (iii) remove, change or replace any Edvisors’ trademarks, logos, copyrights, or any other branding elements; (iv) hide, obscure, disable, or otherwise render inoperable any portion of the User interface including, but not limited to, the display of advertisements and promotions within the Services; or (v) copy any content, ideas, features, functions, or graphics of the Services. In addition, you may not use any meta tags or any other “hidden text” using Edvisors’ name or other trademark or service mark, nor any Edvisors logo or other proprietary graphic or service mark as part of a link, without the express written consent of Edvisors.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Additionally, you may not take any action that imposes, or may impose (as judged by Edvisors at its sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Edvisors server, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect User names, User IDs, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and/or community postings without notice and may result in termination of User privileges.

13. Liability for Technical Disruptions to Our Website(s)

If you cause a technical disruption of our website or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses Edvisors may suffer and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.

14. Disclaimer of Warranties

You agree that use of the Services and this Website is solely at your own risk. All Services offered by Edvisors are provided on a strictly “as is” and “as available” basis, without representation or warranty of any kind. Neither Edvisors nor its third-party partners make any warranty, express or implied: (i) with regard to any products, services, or gifts obtained by you through the Services or through any third-party; (ii) that the services will meet your requirements; (iii) that the Services will be uninterrupted, timely, free of errors or without defects; (iv) as to the results you may obtain by using the Services; (v) as to the accuracy or reliability of any information obtained via the Services; or tax liability imposed against you by any taxing authority. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, EDVISORS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES REGARDING THE INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTY OF MERCHANTABILITY; (II) THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND (III) NON-INFRINGEMENT. EDVISORS CANNOT AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY THIRD-PARTY INCLUDING BUT NOT LIMITED TO: CLIENTS, SPONSORS, REWARD PARTNERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDVISORS OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

15. Limitation of Liability

You understand that some goods and services offered through the Services may be offered by third-parties or affiliates, and that Edvisors does not operate, control or endorse any of their information, goods or services in any way. You understand that third-parties may place restrictions on the use of goods and services offered through the Services. To the fullest extent provided by applicable law, neither Edvisors nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses of any kind, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from: (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods or services; (iii) any transaction entered into or through the Services; (iv) the reliance on or use of any information, goods, services or merchandise provided through the Services; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements or conduct of any third-party; (vii) any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information retrieved through the Services; (viii) any tax obligations arising from or related to your use of Edvisors Website or the Services or (ix) any other matter relating to the Services, your relationship with Edvisors or these Terms of Use.

The above limitation is applicable even if Edvisors or its authorized representatives have been advised of (or know or should know of) the possibility of such damages. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the above limitations and disclaimers may not apply to you. Your rights vary from jurisdiction to jurisdiction. You acknowledge and agree that Edvisors neither endorses the contents of any electronic mail or Internet communications sent by third-parties or affiliates nor shall be held responsible or liable for: (i) the accuracy of material contained in electronic mail, Internet, or other communications of third-parties or affiliates; (ii) any infringement of third-party intellectual property rights arising from the electronic mail Internet, or other communications from third-parties or affiliates; or (iii) any fraud or other crime facilitated by the electronic mail, Internet, or other communications by third-parties or affiliates. To the fullest extent provided by applicable law, you agree that Edvisors is not liable to you or to any third-party for any modification, suspension or discontinuances of services from particular providers to the Services.

16. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EDVISORS AND ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, CO-BRANDERS, THIRD-PARTY PROVIDERS, CLIENTS, SPONSORS, REWARD PARTNERS OR OTHER PARTNERS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS (INCLUDING COURT COSTS), FEES (INCLUDING ATTORNEY’S FEES), DAMAGES AND EXPENSES THAT SUCH PARTIES MAY INCUR AS A RESULT OF, DUE TO, OR ARISING OUT OF THE VIOLATION BY YOU (OR ANYONE ACTING UNDER YOU ACCOUNT OR PASSWORD) OF THESE TERMS OF USE, THE USE OR MISUSE OF THE SERVICES BY YOU (OR ANYONE ACTING UNDER YOUR ACCOUNT OR PASSWORD), OR THE VIOLATION OF ANY RIGHTS OF ANOTHER BY YOU (OR ANYONE ACTING UNDER YOUR ACCOUNT OR PASSWORD).

17. Use and Storage

You acknowledge that Edvisors may establish general practices and limits concerning use of the Services including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Services, the maximum disk space that will be allotted on Edvisors servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that Edvisors reserves the right to terminate accounts that are inactive for an extended period of time, as determined by Edvisors in its sole discretion. You further acknowledge that Edvisors reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that Edvisors has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Services.

18. Trademark Information

All Edvisors trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this Website or on or through the Services, are the property of their respective owners, and you may not copy or use them in any manner.

Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Edvisors or by any third party.

19. Arbitration: PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS

A. Most of your concerns can be resolved quickly by contacting Edvisors at [email protected]. In the event that we cannot resolve your concern, binding arbitration through the following procedures shall be your sole and exclusive remedy. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

B. Pursuant to the Federal Arbitration Act, Edvisors and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, regardless of legal theory, including, but not limited to, claims relating to advertising and claims relating to any and all use of the Service(s), whether brought during or after the term of these Terms of Use. References to “Edvisors,” “you,” and “us” include our respective corporate subsidiaries and parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under these Terms of Use or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by accepting these Terms of Use, you and Edvisors are each waiving the right to a trial by jury or to participate in a class action. This Section 19 shall survive termination of these Terms of Use.

C. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Edvisors shall be addressed to Edvisors Network, Inc., 350 S. Rampart Blvd., Suite 200, Las Vegas, NV 89145, Attention: President (“Edvisors Notice Address”). The Notice to you shall be addressed to any such addresses, including email addresses you may have provided Edvisors. If you have never provided Edvisors with any such address, Edvisors will, after using due diligence to discover, send Notice to your last known mailing address. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The Demand must be made within a reasonable time after a dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the claim or facts forming the basis of the dispute. If Edvisors and you do not reach an agreement to resolve the claim informally within 30 days after the Notice is received, you or Edvisors may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Edvisors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Edvisors is entitled.

D. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitration will take place before a single arbitrator appointed in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 19 are for a court to decide. Unless Edvisors and you agree otherwise, any arbitration hearings will take place in Clark County, Nevada. If your claim is for $10,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator unless otherwise directed by the AAA Rules. Each party will bear its own attorneys’ fees and costs. Arbitration fees will be allocated in accordance with the AAA Rules. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes only in any court having jurisdiction thereof.

E. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, the arbitrator may not award declaratory or injunctive relief to the extent it affects conduct between a party and a non-party. YOU AND EDVISORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING SUCH AS A CLASS ACTION, CLASS ARBITRATION OR MASS JOINDER PROCEEDING. Further, unless both you and Edvisors agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

F. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Edvisors makes any material change to this Section 19 (other than a change to the Edvisors Notice Address), you may reject any such change by sending us written notice, to the Edvisors Notice Address, within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these Terms of Use in the form prior to such rejected change.

20. Compliance with FTC Guidelines on Endorsements/Testimonials

If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("Guidelines").

21. Jurisdiction

These Terms of Use and any dispute of any kind that arises with Edvisors shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of laws. You further agree to irrevocably submit to the exclusive personal jurisdiction of the state and federal courts sitting in Clark County, Nevada.

22. Entire Agreement

These Terms of Use together with any other terms and conditions or policies that incorporate these Terms of Use by reference, constitutes the complete, final and exclusive understanding between Edvisors and you relating to the subject matter hereof and governs your use of the Service(s), superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter. You may be subject to additional terms and conditions that may apply when you obtain or use third-party content, third-party software or goods and services provided by or through Clients, Sponsors, Reward Partners, Affiliates or other third-parties.

23. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edvisors without restriction.

24. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. It is the parties’ intention that the court modify such invalid provision to give it the fullest effect permissible under applicable law. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Edvisors’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

25. Termination

A Member may terminate their membership in any of the Registered Services with or without cause at any time. A Member’s termination of Registered Services is effective upon Member’s terminating his/her membership on the Service’s Website. A visitor to any Edvisors Website who is not a Member but who does not agree to any of the terms and conditions of these Terms of Use should not use any of the Services and should exit the Website immediately.

Edvisors may terminate membership and use of any of the Registered Services and may remove User Submissions in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data; lack of use; or if Edvisors believes that Member or has violated or acted inconsistently with the letter or spirit of these Terms of Use.

Upon termination by either you or Edvisors: (i) Edvisors may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Services: (ii) your rights to use the Service(s) ceases immediately, including any rights to contests, games, or activities active at the time of termination; (iii) should you object to any of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Service. You agree that Edvisors shall not be liable to you or to any third-party for any termination of your account or your access to the Services.

26. Definitions

A. Sponsor: Any company or an organization that pays Edvisors to plan and carries out a sweepstakes, contest or activity on an Edvisors’ owned and operated website or mail-in promotion.

B. Client: Any company which Edvisors has a contract with to connect Edvisors members with. The Client would plan and carry out the sweepstakes, survey, contest or activity on Client’s owned and operated website or mail-in promotion.

C. Partner: Any company or organization who takes part in an undertaking with Edvisors, with shared risks and profits. For example, the Partner may own and operate a website where a survey occurs, but Edvisors would be operating the correlating sweepstakes where “Points” earned by through Partner’s survey, would be redeemed.

D. Affiliate: Affiliate is any business under common ownership or control.

27. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Edvisors are not commercial and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Edvisors shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

28. Questions/Comments

If you have any questions or comments about the Services or become aware of misuse of the Services by any person, please contact us at [email protected] or at the following address: Edvisors Network, Inc., 350 S. Rampart Blvd., Suite 200, Las Vegas, NV 89145

Terms of Use

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