Use Agreement & Disclaimer

The PURCHASER ON-LINE ACCOUNT ACCESS WEB SITE (hereinafter "Web site") is offered to you conditioned on your acceptance without any modification of the terms, conditions, and notices contained in this Web site Use Agreement (hereinafter "Agreement").

By accessing or using the Web site you agree to be bound by all of the terms, conditions, and notices in this Agreement, including any additions, changes or modifications to the Agreement made by InTuition Solutions, Inc. and posted on the Web site.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, DO NOT ACCESS THE WEB SITE OR USE ANY OF THE SERVICES PROVIDED ON THE WEB SITE.

MODIFICATION OF THIS WEB SITE USE AGREEMENT

InTuition Solutions, Inc. reserves the right to change the terms, conditions, and notices contained in this Agreement, including but not limited to any charges associated with the use of the Web site. You are responsible for regularly reviewing these terms and conditions.

THE WEB SITE

The Web site is established by InTuition Solutions, Inc. for on-line user access to individual Purchaser account information for Kentucky's Affordable Prepaid Tuition (hereinafter "KAPT") and includes all of the pages, links, graphics, text, source code and other programs, routines, and other components of the Web site (whether visible to or discernible to the user). The information and materials contained on this Web site are subject to change without notice to the user.

DISCLAIMERS

The materials and services on this Web site are provided "as is" and for information purposes only. KAPT and InTuition Solutions, Inc. make no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. KAPT AND INTUITION SOLUTIONS, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF OTHER'S RIGHTS.

LIMITATION OF LIABILITY

In no event shall KAPT and InTuition Solutions, Inc. be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use this Web site or the materials or services provided on this Web site or the products or services received from this Web site. You agree that neither KAPT nor InTuition Solutions, Inc. shall be liable for any viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our Web site.   We shall not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.

COPYRIGHT AND TRADEMARKS

Copyright in the Web site (including the pages and in the screens displaying the pages) and in the information and material displayed or contained in the Web site (including the arrangement of the material) is owned by InTuition Solutions, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site.

InTuition Solutions, Inc. is a registered trademark and service mark. InTuition Solutions, Inc. may also claim trademark and service mark rights in other marks contained in the pages of the Web site.

ARBITRATION

If either you or we have any irresolvable dispute or claim concerning the services provided by this Web site it will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association ("AAA") and Title 9 of the US Code. Arbitration hearings will be held in Jacksonville, Florida or where mutually agreed. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge of student financial assistance or investment for postsecondary education costs.  The arbitration will award the filing and arbitrator fees to the prevailing party. A judgment on the award of arbitration may be entered by a court.

SERVICE UNAVAILABLE OR DELAYS

Access to services may be limited, delayed, or unavailable during periods of peak demand, system upgrades or maintenance, or electronic, communication or system problems, or for other reasons. You understand and agree that neither KAPT nor InTuition Solutions, Inc. will be liable to you if you were unable to access the Web site. In the event any part of the services is delayed or unavailable at any time or you experience problems using the services, you agree to use alternative means to place orders and obtain account information.

GOVERNING LAW

This agreement is governed by the laws of the State of Florida, U.S.A.

InTuition Solutions, Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of KAPT's and InTuition Solutions, Inc.'s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web site or information provided to or gathered by InTuition Solutions, Inc. with respect to that use.

You hereby consent to the exclusive jurisdiction and venue of courts in the State of Florida, U.S.A. in all disputes arising out of or relating to the use of the Web site. Use of the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between the user and InTuition Solutions, Inc. with respect to the Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and InTuition Solutions, Inc. with respect to the Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


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