Terms of Use

TERMS OF USE

Last modified October 16, 2019

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COLLEGE GAZETTE INC.  (referred hereafter as “COLLEGE GAZETTE”). YOU SHOULD CAREFULLY READ THIS AGREEMENT, AND THE COLLEGE GAZETTE PRIVACY POLICY (the “Privacy Policy”), WHICH IS INCORPORATED INTO, A PART OF, AND GOVERNED BY THIS AGREEMENT. COLLEGE GAZETTE PROVIDES AN ONLINE INFORMATION SERVICE, SUBJECT TO YOUR AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS.  THIS AGREEMENT GOVERNS YOUR USE OF THE COLLEGE GAZETTE WEBSITE AT WWW.COLLEGEGAZETTE.COM AND ANY RELATED SUBDOMAINS (THE “SITE”) AND THE SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THE SITE (TOGETHER WITH THE SITE, ALONG WITH ASSOCIATED AND SUCCESSOR WEBSITES, FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF, THE “SERVICE”).  THE SERVICE MAY BE ACCESSED DIRECTLY THROUGH THE SITE OR THOUGH FACEBOOK, TWITTER, AND OTHER ONLINE CHANNELS. BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SERVICE.

  1. Changes to this Agreement. COLLEGE GAZETTE reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into, a part of, and governed by this Agreement) at any time, effective with or without prior notice; provided, however, that COLLEGE GAZETTE will provide you with notification of any material changes (as determined in COLLEGE GAZETTE’s sole and absolute discretion) by email, postal mail, website posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
  2. No Endorsement. The Service and the entire contents of the Service (including without limitation, material on the Service’s blogs, member communities, and learning center and material created via the Service) (the “Content”) is provided for informational purposes only.  Any information provided to you by COLLEGE GAZETTE as a result of your participation in the Service is being provided to you solely for your educational and informational benefit.  In creating the Content, including without limitation any rankings, COLLEGE GAZETTE relies on third-party sources that COLLEGE GAZETTE has not vetted.  Your reliance on the Service or the Content is at your own risk.  COLLEGE GAZETTE does not endorse or warranty any educational or institution or program or any teacher, product, service, opinion, or other information that may be referenced on or through the Service.
  3. Access to the Service.
    • Subject to your acceptance of and compliance with this Agreement, COLLEGE GAZETTE grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Content except as specifically allowed in this Agreement.
    • COLLEGE GAZETTE may change, modify, suspend, or discontinue any aspect of the Service at any time. COLLEGE GAZETTE may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability.
    • You agree to be bound by any application- or content-specific rules published within the Service.
    • Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of COLLEGE GAZETTE’s copyrights in and to the Service. COLLEGE GAZETTE reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at COLLEGE GAZETTE’s discretion.
    • The Service is intended for individuals at least 13 years old. If you are under the age of 13 you are prohibited from using the Service. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to be bound by this Agreement on your behalf.
  4. Registration and Subscription. You may become an entry-level member of the Service at no cost.  As an entry-level member you will have the ability to participate in some, but not all, of the features and services available within the Service.  In order to access certain features and services, you must pay a fee for a higher level of membership.  We may change the fees charged at any time.
  5. Ownership of Intellectual Property.
    • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by COLLEGE GAZETTE and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. COLLEGE GAZETTE and the COLLEGE GAZETTE logos are trademarks of COLLEGE GAZETTE and may not be used without the express written permission of COLLEGE GAZETTE.
    • You do not acquire any ownership rights by using the Service or downloading material from or uploading material to the Service.
    • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of COLLEGE GAZETTE.
    • You hereby grant to COLLEGE GAZETTE an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, suggestions, ideas, and other submissions disclosed, submitted, or offered to COLLEGE GAZETTE in connection with your use of the Service, including without limitation by email to COLLEGE GAZETTE (collectively, “Submissions”) in any manner whatsoever COLLEGE GAZETTE may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law COLLEGE GAZETTE may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and with or without identifying you as the creator of the Submissions.  You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.
    • Community Areas. If you use a community area of the Service, such as blogs, forums, or other public areas or member communities, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the community areas or other areas of the Service.  Any information you share, including without limitation any discussions with others, in any online community area is by design open to the public and is not private.  In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately.  The COLLEGE GAZETTE Parties (as defined herein) reserve the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Service.  The COLLEGE GAZETTE Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Service or any Submissions.  As with any public forum on any website, the information you post may show up in third-party search engine results.
  6. Passwords. COLLEGE GAZETTE has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform COLLEGE GAZETTE of any need to deactivate a password. You grant COLLEGE GAZETTE and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
  7. Usage Rules. As a condition of your use of and access to the Service, you agree to comply with any application- or content-specific rules published within the Service as well as the following usage rules, which are provided as an example rather than as a limitation. You agree that your activities on the Service will not:
    • copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code;
    • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
    • use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
    • distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
    • cover or obscure any notice, banner or advertisement on the Service;
    • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
    • sell the Service or any part thereof including but not limited user accounts and access to them in exchange for real currency or anything of value; violate any applicable law;
    • harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
    • infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
    • be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person as determined by COLLEGE GAZETTE in its sole discretion;
    • further any chain letters or pyramid schemes;
    • deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
    • allow another person or entity to use your identity in order to access the Service or post or view Submissions;
    • post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
    • engage in conduct deemed by COLLEGE GAZETTE to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a public area, posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing COLLEGE GAZETTE or another to any liability or detriment of any kind; or
    • violate the terms of service of Facebook, Twitter, or other online channel by which you access the Service.
  8. Privacy and Protection of Personal Information. COLLEGE GAZETTE respects the privacy of visitors to and users of the Service. Information collected from you is subject to COLLEGE GAZETTE’s Privacy Policy.  If you access the Service through Facebook, Twitter, or other online channel, you may be allowing Facebook, Twitter, or such other online channel, respectively, to share your email address and any other personally identifiable and non-personally identifiable information with COLLEGE GAZETTE.  Please see COLLEGE GAZETTE’s Privacy Policy at [privacy policy URL] for more information on the collection and use of your information. You acknowledge and agree that the COLLEGE GAZETTE Privacy Policy, including, but not limited to, the manner in which COLLEGE GAZETTE collects, uses and discloses your personally identifiable information and non-personally identifiable information, is incorporated and made part of this Agreement. By accepting this Agreement, you agree to all of the terms of the COLLEGE GAZETTE Privacy Policy.  If you do not agree to the COLLEGE GAZETTE Privacy Policy, then you may not use the Service.
  9. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, COLLEGE GAZETTE hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGaurdOnline (http://www.onguardonline.com/). Please note that COLLEGE GAZETTE is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
  10. Disclaimers; Limitations; Waivers of Liability.
    • YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER COLLEGE GAZETTE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COLLEGE GAZETTE PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE.
    • THE COLLEGE GAZETTE PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION OF ANY TEACHER OR OTHER PERSON AND/OR ANY DESCRIPTION OF ANY EDUCATIONAL OR INSTITUTION OR PROGRAM) WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
    • COLLEGE GAZETTE DOES NOT ENDORSE OR WARRANTY ANY EDUCATIONAL OR INSTITUTION OR PROGRAM OR ANY TEACHER, PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE SERVICE HEREUNDER IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. THE COLLEGE GAZETTE PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY STUDENT-INSTITUTION OR STUDENT-TEACHER RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN A USER OF THE SERVICE AND ANY EDUCATIONAL OR INSTITUTION OR TEACHER.
    • THE COLLEGE GAZETTE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE COLLEGE GAZETTE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, UNDER NO CIRCUMSTANCES WILL THE COLLEGE GAZETTE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID COLLEGE GAZETTE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
  11. Release. You forever release, discharge, and covenant not to sue the COLLEGE GAZETTE Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the COLLEGE GAZETTE Parties, or otherwise, in connection with your use of the Service or your interaction with any party, including without limitation any educational or institution, program, or teacher, through or as a result of the Service. In other words, you agree that you cannot sue the COLLEGE GAZETTE Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service.  You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
  12. Indemnification. You agree to defend, indemnify and hold harmless the COLLEGE GAZETTE Parties from and against all liability, claims, actions, and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
  13. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:

Copyright Policy: It is COLLEGE GAZETTE’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to the individual and address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. COLLEGE GAZETTE will also terminate a subscriber’s account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should email your infringement claim (or other complaints can be reached at [email protected]

  1. Third Party Sites and Products. We may include links to third-party sites or services, or information about third-party products or services. You should review the terms of use and privacy policies of all sites and services you link to from or are referred to by our Service. We do not endorse or take responsibility for these third-party offerings. We do not vet or take responsibility for third-party sites, services or products or the postings or communications of other users.
  2. Governing Law/Waiver of Injunctive Relief.
    • This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
    • You acknowledge that the rights granted and obligations made hereunder to COLLEGE GAZETTE are of a unique and irreplaceable nature, the loss of which will irreparably harm COLLEGE GAZETTE and which cannot be replaced by monetary damages alone so that COLLEGE GAZETTE will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
    • To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and COLLEGE GAZETTE agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to College Gazette, Inc., 14 Spring Street, 1st Floor, Waltham, MA 02451, ATTENTION: LEGAL DEPARTMENT.
    • If you and COLLEGE GAZETTE are unable to resolve a Dispute through informal negotiations within 30 days, either you or COLLEGE GAZETTE may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and COLLEGE GAZETTE may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    • You and COLLEGE GAZETTE agree that any arbitration will be limited to the Dispute between COLLEGE GAZETTE and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
    • You and COLLEGE GAZETTE agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or COLLEGE GAZETTE’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
  3. Waiver/Severability.
    • The failure of COLLEGE GAZETTE to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of COLLEGE GAZETTE’s right to assert or rely upon any such provision or right in that or any other instance.
    • You and COLLEGE GAZETTE agree that if any portion of this Agreement, except any portion of Section 6, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 15.6 is found to be illegal or unenforceable then neither you nor COLLEGE GAZETTE will elect to arbitrate any Dispute falling within that portion of Section 15.6 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and COLLEGE GAZETTE agree to submit to the personal jurisdiction of that court.
  4. Miscellaneous. COLLEGE GAZETTE operates and controls the Service from its offices in the United States. COLLEGE GAZETTE makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject COLLEGE GAZETTE to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, COLLEGE GAZETTE or any other website or source. The privileges granted to you under this Agreement, including without limitation access to the Service directly or through Facebook, Twitter, or other online channel, will terminate immediately and automatically without notice from COLLEGE GAZETTE if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in COLLEGE GAZETTE’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, COLLEGE GAZETTE shall retain all rights to the Submissions pursuant to this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without COLLEGE GAZETTE’s prior written consent. This Agreement contains the entire understanding of you and COLLEGE GAZETTE, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon COLLEGE GAZETTE’s request, you will furnish COLLEGE GAZETTE any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against COLLEGE GAZETTE by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
  5. Statute of Limitations. You and COLLEGE GAZETTE both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.