Mission Tuition: Terms of Service
The MISSION TUITION program Agreement contains details about the relationship between you and us relating to services provided by your MISSION TUITION Membership. You agree to accept the terms of the Membership Agreement in order to become a MISSION TUITION Card member. By enrolling as a MISSION TUITION Card member, you agree to these terms and conditions and the use of this site and your participation in the MISSION TUITION program is subject to this Membership Agreement.
By enrolling in the MISSION TUITION program, you acknowledge that you have read and understood this Membership Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Agreement, then do not click the "sign-up" button to finish enrolling.
You also acknowledge that you have had an opportunity to review the MISSION TUITION Privacy Statement or that it has been made available to you.
This Agreement constitutes a legally binding agreement between Cardiff International, Inc., a Colorado corporation ("Cardiff"), and each individual who registers with the MISSION TUITION program, as described below (the "Service"), by completing the registration form on the MISSION TUITION website ("you" or the "Member").
Membership
1.Registration. You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a U.S. citizen or residing in the United States or its territories. You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of the MISSION TUITION website.
2.License. Subject to this Agreement, MISSION TUITION hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Service and adhere to this Agreement, to access, participate in and use the Service. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
3.Transaction Fees. Membership in Mission Tuition is free, however due to the number of coupon and on-line purchases made, we were successful in negotiating with our processing partners a fixed monthly transaction fee of $4.95. We are so confident you will save money in our program we will pay for your first month transaction fee; if you decide for any reason this program isn’t acceptable you can cancel your membership immediately. The transaction fee will be deducted from your accrued savings and/or if your accrued savings in any given month is less than the monthly transaction fee your registered credit card will be charged.
4.Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Service materials, including materials of Contributing Companies, either in print or on the MISSION TUITION website (collectively, the "Policies"). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into this Agreement. MISSION TUITION may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on the MISSION TUITION website, and your continued use of the Service thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Contributing Company is subject to that Contributing Company's own privacy and data collection policies.
Member Obligations
1.No Unauthorized Use of the Service. You agree that you will not, and will not permit others to:
1.1. provide any unauthorized third party with access to the Service or any information, data, text, links,
1.2. images, software, chat, communications and other content available through the Internet and proprietary to MISSION TUITION (collectively, "Content") by any means;
1.3. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Service;
1.4. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Service;
1.5. introduce into the Service any code intended to disrupt the Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
1.6. post any material in any form whatsoever on the MISSION TUITION website or within the Service that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or
1.7. infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Service.
2.Security. You will maintain the confidentiality of the user IDs and passwords by which you access the Service, and will allow access to the Service only by authorized persons, and not by any program, expert system, electronic agent, or other automated means. If you desire, you may authorize an account guest to contact MISSION TUITION customer care to take certain actions on your behalf with respect to your account. The MISSION TUITION website will set forth our Policies regarding account guests. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. In addition, you agree that we should assume that any instruction by an account guest that is in compliance with the Policies has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Service that would damage, interfere with or unreasonably overload the Service. You acknowledge that MISSION TUITION will not contact you to solicit your user ID or password.
Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:
1.discontinue transmitting all or any part of the Content related to the Service;
2.change, discontinue or limit access to the Service or any functionality, feature or other component of the Service; or
3.suspend or terminate your use of or access to all or part of the Service upon giving you notice of such suspension or termination.
Contributing Company Offers and Payment of Contributions
1.Contributions. Subject to this Agreement, you will receive cash rebates and other payments denominated in U.S. dollars (each a "Contribution") on all Qualifying Purchases made at, from or with Contributing Companies, or upon redemption of points or other awards of certain Contributing Companies as applicable, in the amounts or percentages set by those Contributing Companies and subject to those Contributing Companies' terms and conditions. Solely as a convenience, we may provide a promotional page or other description on the MISSION TUITION website of each Contributing Company's terms and conditions. Contributing Companies may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. We are not responsible for setting or maintaining the amount of the Contributions offered by any Contributing Company or for requirements of any Contributing Company's program or offer. Each Contributing Company has reserved the right to change at any time, and without notice, the amount or percentage of any Contributions it offers as well as the terms and conditions of any qualifying purchase. Your continued use of the Service thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Contributing Company or Pass-Through Retailer will participate in the Service at the time you join the Service or at any time thereafter. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a Contributing Company's offer with respect to that purchase, including any waiting periods, have been satisfied.
2.The MISSION TUITION Account.
2.1. Contributions you accrue as a result of Qualifying Purchases will be posted to your individual account on-line. The website will display a summary of activity in your personal account. Generally, Contributions will be posted to your savings account within thirty (30) days of notice from a Contributing Company to MISSION TUITION of your relevant transaction or your election. However, we will not be liable for damages resulting from any failure to post Contributions to a MISSION TUITION Members Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your savings account regularly to verify that Contributions have been properly posted. If you believe that a Contribution has not been properly posted to your savings account, then you must inform MISSION TUITION within one year of the qualified transaction for which you are claiming that a Contribution should have been posted and must be able to provide proof of such transaction acceptable to MISSION TUITION. MISSION TUITION reserves the right, however, to determine, in its sole and absolute discretion, whether a Contribution should have been posted to your savings account. You acknowledge that any such determination by MISSION TUITION will be final and binding.
2.2. Contributions posted to your savings account will be deposited and held in an account established at Wells Fargo Bank and maintained by MISSION TUITION as trustee for the exclusive benefit of MISSION TUITION Members (the "Savings Account"). Contributing Companies will pay Contributions accrued by you to MISSION TUITION for deposit into the Members Savings Account. You will not be entitled to receive interest on any funds deposited in the Members Savings Account. Except as contemplated by Section 12, Contributions will remain in the Savings Account until (i) you direct us to distribute such Contributions in accordance with this Agreement, or (ii) we exercise our options under section (Use of Contributions) below. Contributing Companies have no role in verifying, administering or maintaining any Savings Account or any MISSION TUITION Account. The amount of Contributions available for disposition in accordance with Section (3) of The MISSION TUITION Account of this Agreement may differ from the amount of Contributions posted in your MISSION TUITION Account. Your rights with respect to funds held in the Savings Account exist only with respect to the Contributions actually deposited in the Savings Account for your benefit. Only MISSION TUITION is authorized to act upon your instructions with respect to the disposition of funds held for your benefit in the Savings Account in accordance with the Section (Use of Contributions) of this Agreement.
3.No Responsibility for Contributing Companies. You agree that MISSION TUITION is not an agent of any Contributing Company and that Contributing Companies operate independently of, and are not under the control of MISSION TUITION with respect to the Service or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Contributing Company will provide a Contribution for any particular transaction even where such transaction would appear to qualify for such Contribution under either MISSION TUITION or Contributing Company statements. We are not responsible for the failure of any Contributing Company to pay Contributions in accordance with the terms of that Contributing Company's offer. Further, your participation in offers or promotions of, or correspondence with, any Contributing Company is solely between you and that Contributing Company. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Contributing Company assumes any liability, obligation or responsibility for our conduct with respect to the Service.
4.Online Affiliates. In the case of certain online Contributing Companies ("Online Affiliates"), the Online Affiliates have agreed to pay certain affiliate or referral fees when Members purchase goods or services from such Online Affiliates through our website. For your convenience, we may post pending Contributions from Online Affiliates to your MISSION TUITION Account prior to the payment of the associated affiliate or referral fee to MISSION TUITION. We reserve the right to reverse the posting of any Contribution in the event the applicable Online Affiliate does not timely pay MISSION TUITION. MISSION TUITION reserves the right to change its offer with respect to the amount of the Contribution associated with any Online Affiliate at any time, but no such change will affect any Contributions earned prior to such change.
5.Returning and Rescinding Contributions. In our sole discretion, we may withdraw amounts from the Savings Account and deduct Contributions from your MISSION TUITION Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. In the event that you have redeemed a Contribution held for your benefit in the Savings Account or have elected to have it transferred to a Linked Account (as defined below) and you subsequently reverse the transaction with a Contributing Company that generated such Contribution, or otherwise are required to return the Contribution to the Contributing Company pursuant to the terms of the applicable offer, whether or not you are still participating in the Service, you will remain solely responsible for the repayment of the Contribution credited from such purchase, and we may apply future Contributions made for your benefit against such obligation and/or repay the amount of any such credited Contribution from funds held for your benefit in the Savings Account. In the event you fail to repay such amount, we reserve the right to take any and all legal action necessary to collect the dollar amount from you, including but not limited to pursuing such claim in a court of law, employing a debt collection agency or reporting such claim to a credit reporting agency. We reserve the right to rescind Contributions and to bar further Contributions to, or terminate the Membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Service, including, without limitation, by engaging in fraudulent activities, by engaging in a pattern of returning products after the corresponding Contribution has been credited, or creating or attempting to create or participating in any market in Contributions, or engaging in or accepting any broad-based solicitation of Contributions, and you agree to forfeit any and all Contributions you have received through the Service in the event you have engaged in any such activities.
6.Account Adjustments. In the event of any abusive or fraudulent activity related to the Service, as determined by us in our sole discretion, we reserve the right to make any adjustments to your MISSION TUITION Account and/or funds held for your benefit in the Savings Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules or regulations, and the terms of any Contributing Company offers.
Use of Information
1.Use of Information.
2.You acknowledge that in order to administer the Service, we will collect information about you, your purchases from Contributing Companies and Pass-Through Retailers and you’re Linked Accounts (as defined below) with Linked Account Managers (as defined below). In furtherance of the foregoing, to the extent a telecommunications carrier is a Contributing Company, you authorize such entity, its affiliates and authorized representatives (collectively, the "Telecommunications Carrier") to share with us, and our affiliates and authorized representatives, your proprietary network information, qualifying Telecommunications Carrier services information and other Telecommunications Carrier service and usage information. You also authorize the Telecommunications Carrier to disclose to us any and all information with respect to your purchases of the Telecommunications Carrier's services, including qualifying Telecommunications Carrier services, as is necessary for us to provide any aspect of the Service or to advise you of Telecommunication Carrier services that are eligible for Contributions by the Telecommunications Carrier. You authorize Contributing Companies and Pass-Through Retailers and their respective agents to disclose to us any and all information with respect to your purchases from such Contributing Company. You also authorize Linked Account Managers and their agents to disclose to us any and all information with respect to your Linked Accounts as is necessary to fulfill the terms of this Agreement or to provide any aspect of the Service as set forth on our website. In addition, by registering any credit card, debit card, charge card or other unique account or identifier, you hereby authorize us and our agents to collect any and all information from any credit card processor, issuing bank, other card issuer or any available source with respect to the purchases made using such credit card, debit card, charge card or other unique account or identifier. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated Contributions or otherwise in connection with the Service, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the MISSION TUITION Privacy Statement on our website. You represent that you have full authority to register each credit card, debit card, charge card and other unique account or identifier you register in the Service and to receive information about the transactions effected using such cards, accounts or identifiers. You authorize us to disclose such cards, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph, even if you never make use of the service provided by one or more of those third parties.
3.You authorize us, at the time you register a credit or debit card in the Service, to request authorization from the applicable credit, debit or charge card issuer a $4.95 monthly transaction fee. You acknowledge and agree to these terms and acknowledge that, during authorization certain funds (up to $4.95) from your credit or debit card account may not be available for your use. MISSION TUITION will have no liability to you for any losses or costs associated with the temporary unavailability of such funds.
Use of Contributions
1.Accounts. MISSION TUITION is not a registered broker-dealer and, therefore, does not effect any transactions in, offer, sell or distribute any securities. To the extent any activities associated with the Service are required to be performed by a registered broker-dealer, such activities will be conducted exclusively by individual or State approved financial institutions or such other entity as may lawfully conduct such activities.
1.1. You have authorized MISSION TUITION to cause contributions held for your benefit in the Savings Account to be distributed, subject to such terms and conditions, including certain minimum transfers, imposed by MISSION TUITION.
1.2. Other Uses of Contributions. You may choose to direct us to distribute Contributions held for your benefit in the Savings Account in either of the following ways.
1.2.1. Transfer as gift to another Member. You may direct that any or all of the funds held for your benefit in the Rewards Account be held for the benefit of another Member, through the Family and Friends network in accordance with the procedures we establish from time to time; or
1.2.2. Redeem as cash. You may request a withdrawal of any or all of the funds as a cash payment to you, in accordance with the procedures establish by applicable law.
Transfers of funds in accordance will be made within sixty (60) days of notice to us by you in accordance with the procedures, and subject to such minimum transfers, that we establish from time to time and set forth on our website or otherwise disclose to you.
2. You acknowledge and accept that none of the Contributing Companies and MISSION TUITION is the agent of any 529 Plan sponsor. You further acknowledge and accept that no 529 Plan sponsor will have any liability, obligation or responsibility for the conduct of MISSION TUITION with respect to the Service.
Miscellaneous
1.Termination; Expiration or Forfeiture of MISSION TUITION Accounts.
2.This Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your membership in the Service. You may terminate your membership in the Service at any time in accordance with the procedures established on our website from time to time. We may terminate your membership in the Service without cause immediately after notice to you of such termination.
3.If this Agreement has terminated, then we may close your MISSION TUITION Account and distribute any Contributions held for your benefit in the Savings Account pursuant to one of the alternatives given in Section (1.2) above at your direction. If you do not supply such direction to us within sixty (60) days of our notice to you that we intend to close your Savings Account, then we will distribute such funds in cash to you pursuant to Section (1.2) (ii) at your most recent address provided to us, subject to any minimum transfer amounts. To the extent that your MISSION TUITION Account is terminated and the Contributions held for your benefit in the Savings Account are less than any minimum transfer amounts, you will forfeit such Contributions.
4.Upon any termination of this Agreement, your right to use and access the Service and to receive Contributions will terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.
5.Certain Disclaimers; Indemnification.
5.1. Disclaimer of Warranties.
6.THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE SERVICE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF SUCH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.MISSION TUITION'S WEBSITE AND THE SERVICE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE MISSION TUITION WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE.
7.1. Exclusion of Certain Damages. We will not be liable for any damages, including indirect or consequential damages, arising from:
7.2. any failure to screen users or Members of the Service;
7.3. acts or omissions of any users or Members of the Service;
7.4. materials posted by, or of, any party other than MISSION TUITION or any use thereof;
7.5. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
7.6. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
8.In addition to the foregoing, on occasion, Contributing Companies, Pass-Through Retailers, Online Affiliates, MISSION TUITION and/or any of their respective third party agents may fail to track your Qualified Purchases due to computer system failures or interruptions beyond the reasonable control of the tracking party. Furthermore, certain hardware devices and software such as pop-up blockers, ad blocking software, viruses, worms, Trojans, adware, spyware and malware can interfere with the tracking of Contributions and/or the operation of our website. Neither MISSION TUITION nor any Contributing Company, Pass-Through Retailer, Online Affiliate or third party tracking agent shall be liable for your failure to receive a Contribution or important information about the Service as a result of a computer system failure or interruption or hardware devices or software on your computer or network.
9.Indemnification. You agree to indemnify MISSION TUITION any Contributing Company, Pass-Through Retailer, 529 Plan Sponsor and any bank having custody of your Contributions (a "Custody Bank"), as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement (including without limitation relating to a breach by you of Section 5 (Contributing Companies Offers and Payment of Contributions), or for any materials in any form whatsoever that are provided by you or your account guest (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
10.Tax Advice. Nothing contained on our website is intended to constitute personal tax advice. The tax consequences of participation in the Service will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in the Service. You agree that we will not have any liability for any information contained on or omitted from the MISSION TUITION website with respect to taxes and that we have no obligation to inform you of changes in the tax laws.
11.Investment Advice. Nothing contained on our website is intended to constitute investment advice, nor do we give advice or offer any opinion or recommendation on the suitability of any security or investment strategy. We will not be deemed to have solicited any investments directed by you in Linked Accounts established by you with the Linked Account Managers. Although you may be able to obtain investment related reports and information through the Service and our website, the availability of such information does not constitute a recommendation by us to buy or sell any security or other property discussed in such reports or information. Any investment decision you make will be based solely on your own evaluation of the merits of the particular investment decision in light of your financial circumstances and investment objectives.
12.Limitation of Liability.
MISSION TUITION, ANY CONTRIBUTING COMPANY, PASS-THROUGH RETAILER LINKED ACCOUNT MANAGER OR CUSTODY BANK, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED ON THE MISSION TUITION WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE CONTRIBUTING COMPANY OR SUPPLIER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13.IN NO EVENT WILL MISSION TUITION BE LIABILE TO YOU FROM ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE MISSION TUITION WEBSITE OR PARTICIPATION IN THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LARGEST AMOUNT OF FUNDS HELD FOR YOUR BENEFIT IN THE REWARDS ACCOUNT WHILE THIS AGREEMENT IS IN EFFECT.
Electronic and Oral Communications.
Member and Account Guest Instructions. We may rely on your oral and electronic instructions and on your account guest's oral instructions. In addition, you consent to the monitoring and recording of your and your account guest's telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you or your account guest, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the MISSION TUITION website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
Communications. You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your MISSION TUITION Account on our website or (ii) the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the MISSION TUITION website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the MISSION TUITION website necessary to receive from us correspondence and records in electronic form. You may withdraw the consent to have those records provided or made available in electronic form by mailing written notice to MISSION TUITION. Such request will be made by mailing a written request to:
MISSION TUITION
16255 Ventura Blvd., Suite 525
Encino, CA 91436.
Attn: Customer Service
If you withdraw such consent, we reserve the right to terminate this Member Agreement.
General. Governing Law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of Colorado. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in Colorado. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in Colorado over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at:
MISSION TUITION
16255 Ventura Blvd., Suite 525
Encino, CA 91436
Attn.: Customer Service
and/or any other address of which either party hereto may from time to time notify the other in accordance with this the above section (Communications). All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.
Relief. You acknowledge and accept that any breach of this agreement above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of this agreement, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.
Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the MISSION TUITION website or otherwise). We reserve the right to modify this Agreement at any time upon notice given in accordance with this Agreement. Your non-termination and continued use of the Service after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the MISSION TUITION website under Member Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
Effective Date – February 16, 2010 |
