FRQ
TERMS OF USE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE.Your use of the Financial Resource Questionnaire (FRQ) is subject to the following Terms of Use (“Terms”). By accessing and using the FRQ, you agree to the terms and conditions of these Terms. If you are not willing to be bound by these terms, do not access and use the FRQ.
Berea College FRQ ("Institution") and/or its licensors may change these Terms from time to time. Upon any change in the Terms, Institution and/or its licensors will notify you by posting the changes as a start-up screen prior to your subsequent use of the FRQ. Your continued use of the FRQ constitutes an affirmative: (a) acknowledgement by you of the Terms and its modifications; and (b) agreement by you to abide and be bound by these Terms and their modifications. Institution reserves the right to modify the FRQ with or without notice to you. Unless explicitly stated otherwise, any new features that augment or enhance the current FRQ shall be subject to these Terms.
2. LICENSE GRANT; RESTRICTIONS. Berea College (“Institution”) provides you with a nonexclusive, nontransferable, right and license to access and use the FRQ. You may not (i) encumber, transfer, lease, time-share or use the FRQ in any service bureau arrangement; (ii) copy, distribute, adapt, create derivative works of, translate, or otherwise modify the FRQ, or (iii) decompile, disassemble, reverse assemble, or otherwise reverse engineer the FRQ. You are not authorized to use the FRQ for the purpose of ascertaining, or attempting to ascertain, Institution's financial aid methodologies. You are not authorized to aggregate sample data or real data in an effort to optimize estimated financial aid scenarios. You are not authorized to aggregate data with net price calculator data of other institutions for purposes of generating comparisons, other than for your personal use. You are not authorized to sell any data generated by the FRQ. Institution and its licensors retain all rights, title and interest in and to the FRQ, and any and all modifications thereof, including all copyright, copyright registrations, trade secrets, trademarks, goodwill and confidential and proprietary information related thereto. No rights are granted to you hereunder other than as expressly set forth herein.
3. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY. YOU EXPRESSLY AGREE THAT USE OF THE FRQ IS AT YOUR SOLE RISK. THE FRQ IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. INSTITUTION AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE. INSTITUTION AND ITS LICENSORS MAKES NO WARRANTY THAT THE FRQ WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE FRQ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Berea College MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FRQ OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY OBTAINED THROUGH THE FRQ OR THAT DEFECTS IN THE FRQ WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FRQ IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU ACKNOWLEDGE AND AGREE THAT THE FRQ AND ANY INFORMATION MADE AVAILABLE TO YOU IS PROVIDED AS SELF-HELP TOOLS FOR INDEPENDENT USE AND ARE NOT INTENDED TO PROVIDE FINANCIAL ADVICE. INSTITUTION AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE THEIR APPLICABILITY OR ACCURACY IN REGARDS TO INDIVIDUAL CIRCUMSTANCES. ALL EXAMPLES ARE HYPOTHETICAL AND ARE FOR ILLUSTRATIVE PURPOSES AND RESULT FROM VARIABLES AND INPUTS PROVIDED BY YOU.INSTITUTION AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THESE TERMS OR THE FRQ, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY.
4. DATA; PRIVACY POLICY. You acknowledge and agree that any and all information submitted by you in connection with your use of the FRQ (“Data”) shall be treated in accordance with Institution’s privacy policy https://www.berea.edu/
5. MISCELLANEOUS. These Terms will be governed by the laws of the State of Kentucky, without giving effect to any conflicts of laws principles. Both parties agree that the sole venue for actions related to the subject matter hereof shall be within the state of Kentucky. Notwithstanding the foregoing, however, nothing in these Terms shall be deemed or construed as a waiver of any statutory or constitutional immunities to suit. These Terms shall inure to the benefit of both the Institution and its Licensors, which shall be express third party beneficiaries, and shall be enforceable by and for the benefit of each. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
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