User Terms and Conditions
These terms and conditions govern your use of CollegeFans.com (the "Service"), an online information service operated by Pen Publishing Interactive, Inc. By using the Service you consent and agree to these terms and conditions.
1. You acknowledge that the Service contains information, graphics and other material ("Content") supplied by Pen Publishing Interactive, Inc and by third parties not affiliated with Pen Publishing Interactive ("Vendors"). You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Pen Publishing Interactive Inc. or the owners of such Content if other than Pen Publishing Interactive. CollegeFans.com and CollegeFan.com are trademarks owned by Pen Publishing Interactive Inc. All rights are reserved.
2. You may order and purchase merchandise or services ("Products") over the Service from Vendors. Certain Product specifications and other information have been provided by the Vendor and Pen Publishing Interactive Inc. makes no representations or warranties as to the accuracy of such information. All transactions concerning Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Vendor and you and your sole rights and remedies with respect thereto shall be against the Vendor. Pen Publishing Interactive Inc. shall not be a party to a transaction between you and Vendor. By using the Service you acknowledge and agree that Pen Publishing Interactive Inc. and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with the delivery (or failure to deliver), quality, performance or any other aspect of any products or services ordered through the Service or from any action or inaction of any Vendor. Pen Publishing Interactive Inc. makes no warranties or representations whatsoever with regard to any Product provided or offered by any Vendor and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
3. You have the option to purchase Products over the Service using a credit card by sending that information over the Internet to the Vendor to whom your Product order is directed. Neither Pen Publishing Interactive Inc. nor any Vendor can guarantee that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of the Service, you agree that neither Pen Publishing Interactive Inc. nor any Vendor will have any liability for any failure by the encryption technology to protect your information.
4. The Service may contain links to other sites on the Internet which are owned and operated by Vendors or other third parties (the "External Sites"). You acknowledge that Pen Publishing Interactive Inc. is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
5. Pen Publishing Interactive Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Pen Publishing Interactive Inc. may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability. Pen Publishing Interactive Inc. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Pen Publishing Interactive Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Service.
6. NONE OF PEN PUBLISHING INTERACTIVE INC., ANY VENDOR OR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PEN PUBLISHING INTERACTIVE INC., ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, THE CONTENT OR THE PRODUCTS. THE SERVICE, THE CONTENT AND THE PRODUCTS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF PEN PUBLISHING INTERACTIVE, VENDORS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
7. NEITHER PEN PUBLISHING INTERACTIVE INC., ANY VENDOR, THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OT THE USE OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PEN PUBLISHING INTERACTIVE INC., VENDORS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. This Agreement shall be construed in accordance with the laws of the state of Kansas, and the parties irrevocably consent to bring any action to enforce this Agreement in the Federal or state courts located in Wichita, KS. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. Sections 1, 2, 3, 6 and 7 shall survive any termination of this Agreement and any other provisions which by their terms or sense are intended to survive.