AGREEMENT BETWEEN USER AND THE [INSERT STATE AGENCY]’S FAFSA Completion Report (“FAFSA Completion Report”).
The FAFSA Completion Report Web Site is comprised of various Web pages operated by FAFSA Completion Report.
The FAFSA Completion Report Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using this site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (“Terms of Use”) and to comply with all applicable laws and regulations, including United States copyright and trademark laws. If you do not accept the Terms of Use, do not use this site.
MODIFICATION OF THESE TERMS OF USE
FAFSA Completion Report reserves the right, in its sole discretion, to change these Terms of Use at any time by posting the changes on the website. This authority includes but is not limited to the charges and fees associated with the use of the FAFSA Completion Report Web Site. Any changes, revisions, or modifications to these Terms of Use are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such changes, revisions, or modifications to these Terms of Use.
LINKS TO THIRD PARTY SITES
The FAFSA Completion Report Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of FAFSA Completion Report. FAFSA Completion Report 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. FAFSA Completion Report is not responsible for webcasting or any other form of transmission received from any Linked Site. FAFSA Completion Report provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the third party site or association with its operators by FAFSA Completion Report.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FAFSA Completion Report Web Site, you warrant to FAFSA Completion Report that you will not use the FAFSA Completion Report Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FAFSA Completion Report Web Site in any manner which could damage, disable, overburden, or impair the FAFSA Completion Report Web Site or interfere with any other party's use and enjoyment of the FAFSA Completion Report 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 FAFSA Completion Report Web Sites.
OWNERSHIP OF MATERIALS PROVIDED TO FAFSA Completion Report OR POSTED AT ANY FAFSA Completion Report WEB SITE
FAFSA Completion Report does not claim ownership of the materials you provide to FAFSA Completion Report (including feedback and suggestions) or post, upload, input or submit to any FAFSA Completion Report Web Site or its associated services (collectively "Submissions").
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
FAFSA Completion Report and the services, features and content accessible on or through it are provided "as is" and "as available" without any guarantees, conditions or warranties. To the fullest extent permitted by applicable law, FAFSA Completion Report hereby expressly excludes:
a. all conditions, warranties and other terms which might otherwise be implied by statute, common law (including negligence) or the law of equity;
b. any liability for any indirect or consequential loss or damage incurred by any user in connection with FAFSA Completion Report, its services and features or in connection with the use, inability to use, or results of the use of FAFSA Completion Report, its services and features, any websites linked to FAFSA Completion Report and any content posted or linked on or through it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage;
c. any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of or damage to, or loss of use of, data, equipment or infrastructure; loss of or damage to goodwill or reputation; breach of these Terms of Use by, or conduct of, any other person; and/or wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if we were advised in advance of the possibility of such loss or damage.
Liability for claims for injuries to persons or property arising from the negligence of FAFSA Completion Report, the [INSERT STATE AGENCY], the State of [INSERT STATE], its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act §24-10-101, et seq. and the risk management statutes, CRS §24-30-1501, et seq., as amended. No term or condition of these Terms of Use shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the [INSERT STATE] Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
If you are dissatisfied with any portion of the FAFSA Completion Report Web Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the FAFSA Completion Report Web Site.
Service Contact: [INSERT EMAIL OF STATE SERVICE CONTACT]
TERMINATION/ACCESS RESTRICTION
FAFSA Completion Report reserves the right, in its sole discretion, to terminate your access to the FAFSA Completion Report Web Site and the related services or any portion thereof at any time, without notice.
INDEMNITY
You agree to indemnify FAFSA Completion Report from any loss, liability, claim, or demand, including reasonable legal fees, suffered or incurred by us arising out of or in connection with your use of FAFSA Completion Report, any breach of these Terms of Use and/or any content posted or utilized by you during your use of the Web Site
JURISDICTION AND APPLICABLE LAW
[INSERT CITY, STATE] is the place of performance with respect to FAFSA Completion Report and its services and features. The [INSERT STATE] courts have exclusive jurisdiction over any claim arising from, or related to, use of FAFSA Completion Report or any matter or dispute arising out of, or in connection with, the foregoing (although FAFSA Completion Report retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country). These Terms of Use and any dispute, claim, or matter arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with [INSERT STATE] law.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FAFSA Completion Report as a result of this agreement or use of the FAFSA Completion Report Web Site. FAFSA Completion Report's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FAFSA Completion Report's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FAFSA Completion Report Web Site or information provided to or gathered by FAFSA Completion Report 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 superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FAFSA Completion Report with respect to the FAFSA Completion Report Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FAFSA Completion Report with respect to the FAFSA Completion Report 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. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. All contents of the FAFSA Completion Report Web Site are: Copyright 2013 by [INSERT STATE AGENCY] and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to [INSERT NAME, TITLE, AND EMAIL OF DESIGNATED STATE AGENT]. Service Provider's Designated Agent. All inquiries not relevant to the following procedure will receive no response.