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
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 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
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.
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.
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.
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.