While many portions of HigherEdSpace.com website are free of charge, certain fee-based services ("Premium Service") such as Premium Membership, Featured or Priority Listing service may be made available to you ("you" or "User") by HigherEdSpace.com (collectively, "us", "we" or "HigherEdSpace.com") on the HigherEdSpace.com web site (the "Site"). By purchasing any Premium Service offered by HigherEdSpace.com on its Website, you signify that you have read, understand and agree to be bound by this User Agreement for Premium Service in effect at the time of purchase. Your purchases and your use of the Site are also governed by the HigherEdSpace.com Terms of Service ("Terms of Service") posted on the Site.
Terms in this User Agreement for Premium Service ("Agreement") are subject to change without prior written notice at any time, in HigherEdSpace.com's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review this User Agreement for Premium Service prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to the User Agreement for Premium Service, do not make any purchases on HigherEdSpace.com Website.
User Account for Purchase
To make a purchase for HigherEdSpace.com's Premium Service, you must be a registered HigherEdSpace.com User and comply with the terms in the User Agreement for Premium Service and the Terms of Service. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. HigherEdSpace.com's Premium Service is only provided to those users who can legally make purchases with a credit card or with other payment options such as checks, money orders and purchase orders. If you are under 18, you may make purchases on HigherEdSpace.com only with the involvement of a parent or guardian. HigherEdSpace.com reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Methods and Terms
We accept payments with major credit cards (Visa, MasterCard, American Express, and Discover). Other payment methods such as checks, money orders, purchase orders / insertion orders, and bank transfers are acceptable with HigherEdSpace.com's approval. By submitting an order through HigherEdSpace.com, you authorize HigherEdSpace.com, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
User shall pay either a weekly, monthly, or an annual fee as specified on the payment page to HigherEdSpace.com during the course of this Agreement. For HigherEdSpace.com Subscription service, User's Premium Membership will be downgraded to non-subscriber status (i.e. regular Membership) if User fails to renew his/her Subscription before the expiration of the Premium Membership. When User's Premium Membership is downgraded, User will no longer have the ability to access certain Website information which is available to Premium Members only. If User has chosen to have his/her Premium Membership renewed automatically, User shall provide HigherEdSpace.com with a credit card information and authorize HigherEdSpace.com to charge/bill the monthly, quarterly, or annual fee, depending on User's preference, during the course of this Agreement. HigherEdSpace.com reserves the right to increase the service fee without a prior notice should HigherEdSpace.com decide to alter the service fee.
Fees for other Premium Service such as Priority and Featured Listings shall be paid as specified on the service ordering pages on the Site. The user agrees to make the full payment when those services are ordered. Unless HigherEdSpace.com agrees otherwise, the Premium Service will not be activated before the payment is received. No cancellation is permitted after the Premium Service is rendered and no refunds will be issued, unless a material error or mistake was made by HigherEdSpace.com.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase on the Site. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and HigherEdSpace.com reserves the right to collect such taxes or other fees from you at any time.
Disclaimers
This disclaimer shall in no way limit the disclaimers provided for in our Terms of Service.
All services offered by HigherEdSpace.com are provided "as-is" and HigherEdSpace.com disclaims any and all representations and warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. HigherEdSpace.com cannot guarantee and does not promise any specific results from use of its services. HigherEdSpace.com does not represent or warrant that products, services or any part thereof, are accurate, complete, reliable, current or error-free or that any downloading from the site are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or materials and use industry-recognized software to detect and disinfect viruses. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by HigherEdSpace.com.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will HigherEdSpace.com or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any products or services, even if HigherEdSpace.com is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HigherEdSpace.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to HigherEdSpace.com for the product or service, but in no case will HigherEdSpace.com's liability to you exceed $200. You acknowledge that if no amount is paid to HigherEdSpace.com for the product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from HigherEdSpace.com, regardless of the cause of action.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Indemnification
HigherEdSpace.com shall not undertake to resolve any disputes or litigation on user's behalf involving use of the services described herein, and user agrees that it shall indemnify, hold HigherEdSpace.com harmless and defend HigherEdSpace.com against any disputes involving use of the HigherEdSpace.com website and services.
Governing Law; Venue and Jurisdiction
By accessing the Site, you and HigherEdSpace.com agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof. You and HigherEdSpace.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Michigan with respect to such matters.
Any dispute relating in any way to your visit to HigherEdSpace.com shall be submitted to confidential Arbitration in Ingham county, Michigan except that, to the extent you have in any manner violated or threatened to violate HigherEdSpace.com's intellectual property rights, HigherEdSpace.com may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Terms of Service shall be joined to an arbitration involving any other party subject to this Terms of Service, whether through class arbitration proceedings or otherwise.
General
This User Agreement for Premium Service, including the Terms of Service, constitute the entire agreement between you and HigherEdSpace.com regarding purchases you make on the Site, superseding any prior agreements between you and HigherEdSpace.com relating to such purchases. The failure of HigherEdSpace.com to exercise or enforce any right or provision of the terms in this User Agreement for Premium Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the User Agreement for Premium Service and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between the User Agreement for Premium Service and the Terms of Service, the User Agreement for Premium Service shall be controlling.
March 19, 2008