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updated November 2, 2004

NewEdu Terms of Service for Your Personal Use

Welcome! By using NewEdu's marketplace or other NewEdu services ("NewEdu Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").

  1. Content Hosted and or Linked To by NewEdu.
    Much of the content hosted and offered for sale by NewEdu is created by individuals over whom NewEdu exercises no direct control. We cannot guarantee that use of NewEdu will not expose you to unintended or objectionable content. We assume no responsibility for content included in any NewEdu hosted pages or search results or otherwise linked to by the NewEdu Services that is not specifically created or approved by members of the NewEdu staff.
  2. Personal Use Only.
    The NewEdu Services are made available for your personal, non-commercial use only. You may not use the NewEdu Services to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the content from a NewEdu service and reformat and display them, or mirror the NewEdu home page or results pages on your Web site. You may not "meta-search" NewEdu. If you want to make commercial use of the NewEdu Services, you must enter into an agreement with NewEdu to do so in advance. Please contact us for more information.
  3. No Automated Querying.
    You may not send automated queries of any sort to NewEdu's system without express permission in advance from NewEdu.
  4. Buyer Terms and Conditions.
    Click here to review NewEdu's Terms and Conditions for Buyers.
  5. Seller Terms and Conditions.
    Click here to review NewEdu's Terms and Conditions for Sellers.
  6. Privacy Policy.
    Click here to review the NewEdu Privacy Policy.
  7. Changes In Terms and Conditions and NewEdu Services.
    We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
  8. Intellectual Property Policy.
    It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here.
  9. Disclaimer of Warranties.
    NewEdu disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the NEWEDU SERVICES. NewEdu disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. NewEdu disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the NEWEDU SERVICES.

    THE NEWEDU SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE NEWEDU SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NEWEDU AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEWEDU AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE NEWEDU SERVICES. NEWEDU AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE NEWEDU SERVICES. NEWEDU AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEWEDU SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE NEWEDU SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEWEDU SERVICES.

    YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NEWEDU SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  10. Limitation of Liability.
    UNDER NO CIRCUMSTANCES SHALL NEWEDU OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE NEWEDU SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF NEWEDU OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NEWEDU SERVICES, FROM INABILITY TO USE THE NEWEDU SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NEWEDU SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NEWEDU SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEWEDU SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE NEWEDU SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE NEWEDU SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE NEWEDU SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE NEWEDU SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Without limiting the foregoing, under no circumstances shall NewEdu or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  11. Miscellaneous Provisions.
    These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

    These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by NewEdu.