Terms of Service

Acceptance Of Terms

HigherEdSpace.com, LLC, a Michigan and Texas limited liability company, operated in the state of Texas ("HigherEdSpace.com"), makes this website, HigherEdSpace.com (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by HigherEdSpace.com and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that HigherEdSpace.com may publish from time to time (collectively, the "Terms of Service").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Service.

HigherEdSpace.com reserves the right to change the Terms of Service and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Service, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Service to view the then current terms. If you breach any of the Terms of Service, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Service must be immediately destroyed.

Defined Terms

User-supplied information, materials, files, communications, and documents are referred to collectively as "User Content." "HigherEdSpace.com Content" means all Materials provided by HigherEdSpace.com. User Content and HigherEdSpace.com Content may have different restrictions and conditions associated with them.

Types Of Users

Please be aware that certain activities on this Site are available only to paid subscribers (Premium Members). Non-paying Members will have access to general information regarding other Members, while Premium members will have access to more specific information about HigherEdSpace.com's Members if such specific information is permitted by the members.

Fees

While creating an account on the Site is free and it is also free to browse or view many sections on the Website, a fee is required for certain services provided on the Site such as Featured Listings and Premium Memberships. By accessing or using those service, you agree to our User Agreement for Premium Service.

Intellectual Property And Limited License To Users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Service. Except as expressly provided herein, HigherEdSpace.com and its suppliers do not grant any expressed or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by HigherEdSpace.com, this Site may also make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. HigherEdSpace.com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by HigherEdSpace.com. You agree that you will not hold HigherEdSpace.com responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the HigherEdSpace.com Content and User Content available on this Site subject to these conditions: (i) the HigherEdSpace.com Content and User Content may be used solely for personal, informational, and internal purposes; (ii) the HigherEdSpace.com Content and Other Users' Content may not be modified or altered in any way unless permitted by the content creators; (iii) the HigherEdSpace.com Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others; (iv) you may not remove any copyright or other proprietary notices contained in the HigherEdSpace.com Content and User Content; (v) HigherEdSpace.com reserves the right to revoke the authorization to view, download, and print the HigherEdSpace.com Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from HigherEdSpace.com; and (vi) the rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the HigherEdSpace.com Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark Information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of HigherEdSpace.com or other third parties. You are not permitted to use the Marks without the prior written consent of HigherEdSpace.com or such third party that may own the Marks.

License To HigherEdSpace.com For User Content

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant HigherEdSpace.com one of the following types of licenses:

For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant HigherEdSpace.com a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant HigherEdSpace.com the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site, and subject to HigherEdSpace.com's Privacy Policy. This license will be in effect until such User Content is removed from the Site.

For User Content such as comments to HigherEdSpace.com on user forms, reports or suggestion forms, you grant HigherEdSpace.com an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that HigherEdSpace.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.

Prohibited Communications And Submissions

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User Conduct

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity, except as provided in our Privacy Policy; not to use or attempt to use another user's account, password, service, or system without authorization from HigherEdSpace.com; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing Content And Communications

HigherEdSpace.com reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. HigherEdSpace.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, HigherEdSpace.com will have no liability related to User Content. HigherEdSpace.com disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Warranties And Disclaimers

Except as expressly provided otherwise in a written agreement between you and HigherEdSpace.com or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, HigherEdSpace.com makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.

Some of the information we provide to you is largely dependent on the accuracy of information provided to us by the Site's users. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that HigherEdSpace.com is not responsible for the accuracy, usefulness, intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HigherEdSpace.com with respect thereto, and agree to hold HigherEdSpace.com, its operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You understand and acknowledge that (i) HigherEdSpace.com does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) HigherEdSpace.com makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) HigherEdSpace.com shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. HigherEdSpace.com assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from HigherEdSpace.com or through or from the Site shall create any warranty not expressly stated in these Terms of Service.

Personal Information And Privacy

Protecting your privacy and the personal information you provide us is a top priority for us. We use practices with industry standard protocols and technology to protect your personal information. However, you understand and agree that Internet transmissions are never completely private or secure and that HigherEdSpace.com cannot and will not be held accountable for the potential lack of internet transmission security. You understand that any message or information you send to or from the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is via a secure server. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of HigherEdSpace.com or others. Please read our Privacy Policy for more information about our privacy policy.

Limitation Of Liability

In no event, including, without limitation, negligence, shall HigherEdSpace.com, its subsidiaries, agents, officers, directors, and employees be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not HigherEdSpace.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

Indemnity And Liability

You agree to indemnify and hold HigherEdSpace.com, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Service, the actions of any member of your Work Group, or your violation of any rights of another person or entity.

Governing Law And Jurisdiction

This Site, excluding linked sites, is controlled by HigherEdSpace.com from its offices in the State of Texas, United States of America. 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 States of Texas, 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 Texas with respect to such matters.

Any dispute relating in any way to your visit to HigherEdSpace.com shall be submitted to confidential Arbitration in Harris county, Texas 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 Texas, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this Terms of Service 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

The Terms of Service and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between HigherEdSpace.com and you with respect to your use of the Site. If for any reason, a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by HigherEdSpace.com to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision.

March 19, 2008. Revised on Feb. 15, 2012