Please read this Agreement carefully. It is a contract that governs your use of this website and the products and services of College Planning Network, LLC (“CPN”). This Agreement is the entire contract between you and CPN concerning your use of this website and the information contained on this website along with any other materials and emails that you receive from CPN, CollegeMadeSimple.com, The College Prep Authority, Scott Weingold and other authorized representatives of CPN. This Agreement supersedes any prior agreement or oral or written statements regarding your use of this website and the information contained on this website. By using this site and/or by clicking “submit” to request reports, e-courses, e-books, video workshop invitations, webinars, subscriptions, analyses, products and/or any other services or information from CPN, you agree to the terms of this User Agreement.
CPN is solely responsible for all information and content on this website along with any other materials and emails that you receive from CPN, CollegeMadeSimple.com, Scott Weingold and other authorized representatives of CPN. This includes all content, articles, reports, videos, e-courses, e-books, video workshops, webinars and any other information found on this site or delivered to you by CPN, CollegeMadeSimple.com, Scott Weingold and other authorized representatives of CPN. The information and content on this website is provided by CPN for informational purposes only and does not constitute financial, college or tax advice. You should not act or rely on any information contained in this website without seeking the advice of your own financial, college and tax advisors if skilled in the college admissions and financial aid process, or an authorized representative of CPN.
Use of Information. The content, reports, videos and other information available through this website are only for your noncommercial, personal use and may not be copied, transferred, sold, distributed or otherwise disseminated without the express prior written consent of CPN. All contents of this website are Copyright © 2011 College Planning Network, LLC. CPN owns the title, copyright, and other intellectual property rights associated with the information and content on this website. Any rights not expressly granted in this Agreement are reserved by CPN.
No Warranties. The products and services of CPN and its representatives are provided “as is”. CPN does not warrant or guarantee the accuracy or timeliness of information found on this website along with other content, articles, reports, videos, e-courses, e-books, video workshops, webinars, products and services provided by CPN and its representatives. UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN, CPN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. EXCEPT FOR AS SET FORTH HEREIN, CPN EXPRESSLY DISCLAIMS AND NEGATES ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Damages. In the unlikely event that a dispute arises concerning the products, services, information or advice provided by CPN or its representatives, you can recover from CPN only direct damages up to the amount equal to the fees you paid to CPN. IN NO EVENT SHALL CPN BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES CAUSED BY, ARISING OUT OF, OR OTHERWISE RELATING TO THE INFORMATION, ADVICE, PRODUCTS AND SERVICES PROVIDED BY CPN OR ITS REPRESENTATIVES AND ADVISORS. NO ORAL OR WRITTEN ADVICE, REPRESENTATIONS OR INFORMATION GIVEN BY CPN OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY OR MODIFY THIS WARRANTY DISCLAIMER.
Governing Law / Dispute Resolution. CPN’s principal place of business is in Cuyahoga County, Ohio. The laws of the State of Ohio, without regard to conflict of law provisions, shall govern the interpretation of this Agreement and any agreement between you and CPN for its products or services. You agree that any dispute that arises between you and CPN shall be submitted to the American Arbitration Association for binding arbitration in accordance with its commercial arbitration rules and procedures then in effect. Any arbitration shall be brought and held exclusively in Cuyahoga County, Ohio.
Assignment. CPN may assign or otherwise transfer its rights and obligations to you, in whole or in part, at any time without notice. You may not assign this Agreement or transfer any rights thereunder without the prior written consent of CPN.
No Third-Party Beneficiaries. This Agreement and the products and services provided by CPN and its representatives are solely for your benefit and not for the benefit of any other person or third-party beneficiary.
Waiver. The waiver of any of the terms or provisions of this Agreement in any one or more instances shall not be deemed a permanent waiver thereof or a waiver of this entire Agreement. No waiver shall be effective unless in writing signed by the waiving party.
Severability. In the event that any provision of this Agreement shall be held illegal or otherwise unenforceable, such provision shall be severed and the entire Agreement shall not fail on account thereof and the balance of this Agreement shall continue in full force and effect.
The information contained herein is not intended to provide any tax, legal, financial planning, investment or other professional advice or service. Nothing herein should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or investment strategy. CPN may recommend certain insurance products or provide a referral to certain licensed insurance professionals [or financial advisers], for which CPN may be compensated. Such professionals are acting in their capacities as licensed agents of the insurance company issuing any policy and not a representatives of the CPN when discussing or selling insurance products. Please consult with an appropriate tax, legal or investment professional before taking any action regarding the recommendations made herein. You alone are solely responsible for determining whether any financial or insurance strategy, product or service is suitable for you based upon your particular circumstances. Without limiting the foregoing, no product or service offered or described on this website, nor any analysis or commentary provided in conjunction with the foregoing shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act of 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sub-licensees, or assigns shall be responsible for any investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. We do not hold ourselves out in any communications as an investment adviser, a broker, or a dealer.
Headings. The captions and headings in this Agreement are inserted only as a matter of convenience and for reference and in no way define the scope or content of this Agreement or the construction of any provision hereof or of any document or instrument referred to herein.