Terms of Agreement

Our Terms of Agreement

This Terms Of Use Agreement was last updated on April 19, 2010

Welcome to the CollegeInvest website located at www.collegeinvest.org. This website is owned and operated by CollegeInvest, a division of the State of Colorado, Department of Higher Education. The term “you” refers to the user or viewer of this website.

Acceptance of Agreement

This Terms of Use Agreement (the “Agreement”) is an agreement between you and CollegeInvest governing your use of the website. Please read these Terms of Use carefully before using the website. By using the website, you agree to be legally bound by this Agreement and CollegeInvest’s Privacy Policy. CollegeInvest reserves the right to modify this Agreement from time to time and such modifications shall be effective upon posting by CollegeInvest on this website. If CollegeInvest makes any material changes to this Agreement, CollegeInvest will post a notice on the website, and modifications will be denoted by the “last updated” notice at the top of this page. Your use of this website constitutes acceptance of the terms of this Agreement.

Some services are available on the website that may be subject to additional terms that are posted on the website, and are incorporated by reference into this Agreement. In the event of any inconsistency between this Agreement and additional posted terms for a service, the provisions of the additional service terms shall govern. This Agreement applies to all visitors and registered users of this website.

Use of the Website

This website provides you with access to resources and information to assist in planning and paying for a post-secondary education. The content of the website may be changed or modified from time to time without notice to you. The resources and information are for personal use only and may not be used for commercial means or distribution.

You are solely responsible for maintaining the confidentiality and security of your log-in information and passwords (if applicable), and you agree not to disclose your password to any third party. You accept full responsibility for all activity conducted through your account and agree to and release CollegeInvest from any and all liability concerning such activity. Use your password solely in accordance with this Agreement and notify CollegeInvest if you learn of or suspect any loss, theft or unauthorized use of your password or account.

Under this Agreement you are prohibited from interfering with the website’s operation, hacking into password protected areas of the website and/or providing false and fraudulent information.

Trademarks/Service Marks

CollegeInvest®, CollegeInvest Direct Portfolio College Savings PlanSM, CollegeInvest Smart Choice College Savings PlanSM CollegeInvest Stable Value Plus College Savings PlanSM, CollegeInvest Scholars Choice ProgramSM, and Scholars Choice® and CollegeInvest’s logos and designs are the trade names, trademarks and service marks of CollegeInvest. These trade names, trademarks, service marks and logos may not be used, published or distributed without the express written consent of CollegeInvest. All other trademarks and service marks on the CollegeInvest website are the property of their respective owners.

Links to other websites

CollegeInvest provides links to external websites operated by other parties for your convenience. CollegeInvest does not endorse these websites nor is CollegeInvest responsible for the content or security of such websites. Your use of these third party websites is subject to the respective websites’ own terms of use and privacy statements.

Disclaimer

The content of this website is for informational purposes only. CollegeInvest does not promise that the website will be error-free, uninterrupted, free of viruses or other harmful code, nor that it will provide specific results from use of the website or any content, search or external link on it. The website and its content are delivered on an “as-is” and “as-available” basis without warranty of any kind, either expressed or implied, to the fullest extent permitted by law. You agree that all access and use of this website and its contents are at your own risk . CollegeInvest attempts to keep the information on this website as current and accurate as possible but makes no representations or warranties regarding accuracy, completeness or suitability of data and information contained on the website.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COLLEGEINVEST, THE STATE OF COLORADO, ITS AFFILIATES, AGENTS AND OTHER PARTNERS AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, RELIANCE BY ANY PARTY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN SUCH INFORMATION, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COLLEGEINVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

Upon request by CollegeInvest, you agree to defend, indemnify, and hold harmless CollegeInvest, the State of Colorado, and CollegeInvest’s affiliates, officers, agents and other partners and employees, and each of them, from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this website. CollegeInvest reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CollegeInvest in asserting any available defenses.

Termination

CollegeInvest may terminate your access to use any portion of this website at any time for any reason without prior notice. CollegeInvest reserves the right to seek all remedies available by law and in equity for violations of this Agreement and/or the CollegeInvest Privacy Policy, including the right to block access from a particular Internet site.

General

This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this agreement or your use of this site will be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and CollegeInvest with respect to the website, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CollegeInvest with respect to the website. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.