Terms of Service
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Terms of Service
Last Updated: January 14, 2026
These Terms of Service (the “Terms”) are a legal contract between Inside Higher Ed, Inc. and its affiliates, (collectively, “Company”, “we” or “us”) and “you” (“your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform, website(s), our associated internet properties (either linked by Company and/or by affiliated companies, including https://www.insidehighered.com/) and any software that Company may provide to you for download, including in your mobile devices (our “App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through the Site. Collectively, the Site, the Materials, and the services provided by the Company are referred herein to as the “Service”.
IMPORTANT – PLEASE READ CAREFULLY. BY AGREEING TO THESE TERMS, OR BY ACCESSING, REGISTERING IN, EXECUTING AN ORDER FORM, OPENING AN ACCOUNT, MAKING PURCHASES, DOWNLOADING OR USING OUR APPS, PROVIDING INFORMATION THROUGH, OR GENERALLY USING THE SERVICE, YOU INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, OR EXECUTE ANY ORDER DOCUMENTS WITH US, OR PROVIDE US WITH ANY INFORMATION ABOUT YOU.
These Terms contain a dispute resolution and arbitration provision (See Section 18), including a class action waiver that affects your rights. These provisions apply solely to the extent applicable in your jurisdiction.
1. MODIFICATIONS AND ADDITIONAL TERMS.
(a) Changes to these Terms. The Company can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for your express consent to the updated Terms when and where we are legally required to do so. If you do not agree with any of the updated Terms, you must stop using the Service. Continued use of the Service following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
(b) Changes to the Service. The Company may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.
(c) Paid Subscriptions. Please note that if you are under a paid-subscription Service with us, in the event we change the price for the Service which you have previously agreed to pay or if we substantially change these Terms or the Service you are paying for, we will also notify you of such changes as contemplated in Section 1(a) above. Any changes will become effective after your then-current subscription expires or terminates and/or upon your next renewal. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment. Please refer to Section 6(e) below for our cancellation policy.
(d) Additional Terms. In addition, certain features of the Service may be subject to additional legal terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.
2. PRIVACY.
Please review our privacy policy available at https://www.insidehighered.com/privacy/ (the “Privacy Policy”)which explains how we use information that you submit to the Company. The Privacy Policy is hereby incorporated by reference.
3. CONTRACTUAL RELATIONSHIP.
By using the Service, you represent that you are at least 18 years of age, or that you are of age under the laws of your jurisdiction, and lawfully able to enter into contracts. If you are under 18 years of age or not legally able to enter into contracts in your place of residence, you must have the permission of your parents or legal guardians to use the Service. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. If you breach these Terms, your right to access and use the Service will terminate immediately, without any further action by the Company, except for those obligations expressly described by the Company in these Terms.
4. THE SERVICE AND LICENSE TO USE IT.
The Service includes an integrated, cloud-based platform for the online publication of education-related news, that enables you to access news, opinion, resources, events and jobs in the higher education sphere. For as long as you agree to these Terms and abide by them, you may use the Service. These Terms apply to all users of the Service, including visitors and Registered Users. The Service is licensed, not sold, to you.
The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose.
All rights not expressly granted to you in these Terms are reserved and retained by the Company and/or its licensors. The licenses granted by the Company terminate if you do not comply with these Terms and/or any other Service terms and conditions. By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States of America, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly set forth in these Terms.
5. REGISTRATION AND ACCOUNTS.
(a) Visitors and Registered Users. Visitors and guests may browse the Site in accordance with these Terms, but will not have full access to the Service without first becoming Registered Users. In order to access certain features of the Service you may be required to become a Registered User. A “Registered User” is a user who has registered an account with us or on a third-party platform(s) authorized by us (such as Google+, or other similar platform) (your “Account”). Please refer to our Privacy Policy for more details about submitting information to us.
(b) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify the Company immediately of any unauthorized use of your password or any other breach of security at subscription@insidehighered.com. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. The Company will not be liable for any losses caused by any unauthorized use of your Account.
(c) Account Management. You agree not to create an Account using a false identity or information. You agree that you shall not create, use, or have more than one Account in the Service. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. You agree not to create an Account or use the Service if you have been previously removed by the Company, or if you have been previously banned or barred from any of the Company properties.
6. SUBSCRIPTIONS AND CANCELLATIONS.
(a) No Cost Accounts. By registering for an Account, you obtain access to the Service. The rights and privileges provided under your Account are personal and non-transferable. There is no cost associated with registering for an Account with us and using the free options of the Service. You may cancel your Account at any time by contacting us at subscription@insiderhighered.com or by closing your Account through your Account settings.
(b) Paid Subscriptions. The Company may offer access to the Service either at no cost to you or through a paid subscription for premium features and services. During initial registration or when upgrading your Account to a paid subscription, you will choose from the then-available service plans (each a “Subscription”). All Subscriptions are subject to the Company’s acceptance, confirmed upon delivery of a Subscription confirmation to you. The Company reserves the right to refuse services for any reason and may interrupt access to the Service for maintenance. You may order additional services at any time by agreeing to pay any current Fees (if applicable). The Service is subject to availability and these Terms. For paid Subscriptions, your Subscription or commencement of the Service begins upon confirmation. The initial term of the Subscription (“Subscription Term”) is chosen by you as indicated at the time of purchasing your Subscription. If we offer you a free trial, your Subscription becomes payable only after your free trial terminates. After the initial term, the Subscription shall automatically renew for successive terms as set forth in Section 6(d) below, unless cancelled as indicated in Section 6(e). For Subscription termination see Section 14.
(c) Pricing. Subject to Section 1(c), the Company reserves the right to change service plans (paid or unpaid) and prices for paid Subscriptions at any time without providing price protection or refunds for promotions or price decreases. Any pricing changes will take effect after your current Subscription expires or terminates. If we provide the Service to you in the future, after your Subscription terminates, the previous amount paid will not determine the new amount. It is your responsibility to check our Site for any service plan or price changes. All upgrades or downgrades will be performed at your request and may involve fee modifications or reinitiating Service with us. In addition, upon renewal of any Subscription, the Subscription fees may be adjusted to reflect inflation, changes in market conditions, or other cost drivers, including by reference to a generally recognized price or inflation index applicable to the customer’s location or currency, industry benchmarks, prevailing rates for comparable services, changes in supplier or infrastructure costs, or exchange rate fluctuations. Where an index is used, the Company may select a successor or reasonably comparable index if the prior index is unavailable or no longer appropriate.
(d) AUTOMATIC RENEWAL. To ensure continuity of Service, each paid Subscription includes automatic renewal terms. The Company will automatically renew your paid Subscription based on the chosen Subscription Term, and if applicable, charging your Account on the anniversary of the initial Subscription Fee charge. If authorized during sign-up, the Company will charge your Account for the applicable Subscription Fee and any related taxes unless you cancel before the anniversary date. Each renewal period matches the previous Subscription Term unless otherwise agreed. IF YOU CANCEL YOUR SUBSCRIPTION, ACCESS TO AND USE OF THE SERVICE WILL END WHEN THE CURRENT SUBSCRIPTION TERM EXPIRES. The Company reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.
(e) CANCELLATIONS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION SHALL BECOME EFFECTIVE UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription Fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription Fees paid for the then-current Subscription Term, which shall continue until expiration. If you have any problems or concerns with your cancellation, please contact us at subscription@insidehighered.com for assistance.
7. PAYMENTS.
(a) Fees and Payment. If you purchase any offering within the Service for a fee, either on a one-time or on a Subscription basis (collectively “Fees”), you agree and consent to the Company’s use of third-party payment providers for billing and processing payments. You agree to pay the applicable Fees for the offering or Service, including periodic fees for Subscriptions, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless otherwise negotiated and confirmed in writing, the initial and recurring Fees for any offering within the Service will be as provided in the order form. We may invoice Fees in advance. Failure to pay Fees when due may result in the suspension or termination of your access to the Service. You agree that, if applicable, we may charge any unpaid fees to the payment method You provided and/or send you a bill for such unpaid fees.
(b) Automatic Billing and Usage Limits. Certain offerings with the Service (such as Subscriptions) are billed on an automatic, auto-renewal, and recurring basis unless you follow the cancellation procedure set forth in these Terms. Your obligation to pay Fees continues through the end of each Subscription Term. Subscriptions may be subject to usage limits, or plans, and we periodically verify usage. If usage exceeds the purchased limits or scope, we reserve the right to invoice you for the additional use and may contact you to discuss upgrading to a higher usage plan. Refunds, if any, will be issued to the original payment method.
(c) Payment Method Authorization. At registration, you must select a payment method and authorize the Company to charge it at regular intervals according to your Subscription. You agree and consent that third-party payment providers may impose additional terms. If you do not pay all Fees when due, your account will be deemed past due. The Company reserves the right to charge interest at 1.5% per month or the highest rate allowed by law on unpaid amounts until paid.
(d) Taxes and Additional Fees. You agree to pay any taxes resulting from your use of the Service. The Company is not responsible for bank fees incurred due to check cards, automatic payments, insufficient funds, or other fees from your financial institution. If the Company receives less than full payment due to taxes, bank charges, or transfer fees, you will be invoiced for the difference. You also agree to pay all attorney and collection fees arising from efforts to collect past-due Fees.
8. THIRD PARTY ACCOUNTS AND SITES.
You may link third-party accounts to our Service, allowing us to access certain information from those accounts based on your settings and the third party’s privacy policies. YOUR RELATIONSHIP WITH THESE THIRD-PARTY PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH THEM, AND WE ARE NOT RESPONSIBLE FOR ANY INFORMATION THEY SHARE WITH US OR FOR ANY ISSUES ARISING FROM YOUR USE OF THOSE ACCOUNTS.
Our Service may also contain links to third-party websites (“Third-Party Sites”) that are not owned or controlled by us. Your use of Third-Party Sites is subject to their own terms and privacy policies. WE DO NOT ENDORSE, VERIFY, OR TAKE RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, SERVICES, OR PRACTICES OF THIRD-PARTY SITES, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RELATED TO YOUR USE OF OR RELIANCE ON THEM. Any reference to third-party products or services on our Service does not imply our endorsement.
9. OUR INTELLECTUAL PROPERTY RIGHTS.
The Service and all content, features, and functionality—including text, graphics, software, images, audio, video, data, and design—are the exclusive property of the Company or its licensors and are protected by intellectual property laws (USA and internationally). You receive no rights to the Service or its Materials except as expressly granted in these Terms. All rights not expressly granted are reserved. Any unauthorized use may violate these Terms and applicable laws. “Materials” include all information and content on the Service, including its look and feel. While we strive for accuracy, your use of the Service is at your own risk.
We do not claim or represent ownership of any intangible assets you may acquire or purchase through the Service.
Any comments, suggestions, or materials you provide to us about the Service (“Feedback”) are considered non-confidential and non-proprietary. You assign all rights in your Feedback to us, and we may use it for any purpose without attribution or compensation. If assignment is not allowed by law, you grant us an exclusive, worldwide, royalty-free license to use your Feedback. We are not required to use or display any Feedback you provide.
10. ACCEPTABLE USE POLICY.
You must not use the Service in any way that violates laws or these Terms. Prohibited actions include, but are not limited to:
- Breaking any law or regulation
- Harassing, stalking, or harming others
- Impersonating others or misrepresenting your identity
- Copying, distributing, or exploiting Service content or Materials without permission
- Circumventing security or access controls
- Removing or bypassing copyright, trademark, or other content protection measures on the Service.
- Using automated systems (e.g., bots, spiders) to access the Service or imposing (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
- Introducing malware or interfering with Service operations
- Mirroring, framing, scraping, deep linking, or accessing Service content by unauthorized means
- Collecting personal information or using the Service for commercial solicitation without consent
- Reverse engineering, attempt to access the source code, or creating derivative works from the Service
- Posting unlawful, offensive, or harmful content
- Infringing on the intellectual property or other rights of a third party
- Using the Service to violate anyone’s legal rights, promote illegal activity, or expose anyone to legal liability
- Engaging in spam, scams, unauthorized promotions, unlawful contests, lotteries, gambling or pyramid schemes
- Creating multiple accounts to bypass restrictions
- Harming or exploiting children
- Any other objectionable conduct as determined by the Company
You are responsible for any violations of these Terms and must cover our legal costs and damages if your actions cause us problems. We may take over the defense of any claim and you agree to cooperate.
We reserve the right, but do not assume the obligation, to investigate and act on any violation of these Terms or misuse of the Service. We may monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you, including suspending or terminating your Account, taking legal action, or reporting you to authorities. WE COOPERATE WITH LAW ENFORCEMENT and may share your information as needed to protect our rights, enforce these Terms, or comply with our Privacy Policy.
11. USER SUBMISSIONS AND INTERACTIONS.
(a) User Submissions. If we allow user-generated content, you may post reviews, comments, or other materials (“User Submissions”), some of which may be public. You must own or have permission to post your content, and it must not violate anyone’s rights or any laws.
You retain ownership of your User Submissions, but by posting them, you grant us and others a worldwide, royalty-free license to use, modify, display, and distribute your content for any purpose, without notice or compensation. You waive any moral rights to your content to the extent allowed by law. You are responsible for any fees or royalties owed to others for your User Submissions.
We may monitor, edit, or remove User Submissions at our discretion and are not responsible for their content. User Submissions do not reflect our views, and you are solely responsible for what you post. We are not liable for any content posted by you or others, or for any consequences of your postings. We may delete User Submissions after the Service ends.
You may encounter content you find objectionable or inappropriate. We are not responsible for your exposure to such content.
Be cautious about sharing personal information publicly on the Service.
(b) Users Interactions. You are responsible for your interactions with other users and assume all associated risks. We are not liable for any disputes or issues arising from user interactions or User Submissions. We may limit your connections or restrict your use of the Service as needed and may monitor or intervene in disputes at our discretion. You agree to cooperate with any investigations into improper activity.
If you have a dispute with another user, you release us from any related claims or damages. If you are a California resident, you waive California Civil Code § 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12. INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Service in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice to Our Agent for notice of claims of infringement at DMCA Agent; Email: privacy@insiderhighered.com.
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
If the content removed belongs to you, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Service who is the subject of repeated DMCA or other infringement notifications.
14. TERM AND TERMINATION.
These Terms take effect when you begin using the Service and remain in force until you or we terminate your access. You may terminate your use at any time by notifying us, closing your Account, or simply stopping use of the Service. To close your Account, use the Service’s account closure feature or email us at subscription@insiderhighered.com.
We may suspend or terminate your account or access to the Service at any time, for any reason, including violations of these Terms. Upon termination, all licenses end, your account and related content (including User Submissions) may be deleted, and you must destroy any downloaded materials. We are not liable for any loss resulting from suspension or termination. Certain provisions, such as ownership, disclaimers, and limitations of liability, will survive termination.
15. DISCLAIMER OF WARRANTIES.
You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ALL DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS OR CONTENT, OR ABOUT THE RESULTS FROM USING THE SERVICE. WE MAY REMOVE CONTENT OR MATERIALS AT ANY TIME WITHOUT NOTICE AND ARE NOT LIABLE FOR ANY SUCH REMOVAL. WE DO NOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICE.
WE WILL TRY TO PROCESS REQUESTS FOR INTANGIBLE ASSETS PROMPTLY, BUT MAKE NO PROMISES ABOUT PROCESSING TIMES, ESPECIALLY WHEN THIRD PARTIES OR EXTERNAL SYSTEMS ARE INVOLVED, ELECTRONIC BILLING OR EXTERNAL PAYMENT SYSTEMS.
16. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, REMOTE, OR SIMILAR DAMAGES, INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S LIABILITY FOR LOST PROFITS SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW EXCEPT TO THE EXTENT SUCH LOST PROFITS CONSTITUTE DIRECT DAMAGES PROVEN WITH REASONABLE CERTAINTY; PROVIDED THAT, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOST PROFITS THAT ARE INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, REMOTE, OR SPECULATIVE. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
If applicable law does not allow us to disclaim certain warranties or limit our liability as stated in these Terms, our responsibility will be limited to the minimum extent permitted by law. Nothing in these Terms affects your legal rights as a consumer or excludes or limits any liability that cannot be legally excluded or limited.
17. INDEMNITY.
You agree to indemnify and hold harmless the Company and its affiliates, officers, employees, agents, partners, and licensors from any losses, costs, liabilities, or expenses (including reasonable attorneys’ fees) arising from: (a) your User Submissions; (b) your use or inability to use the Service; (c) your violation of these Terms; (d) your violation of others’ rights; or (e) your violation of any laws or regulations. The Company may, at its own expense, assume exclusive defense of any matter you must indemnify, and you agree to cooperate. These obligations survive termination of your Account or these Terms.
18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please read this carefully. If you are a resident of the United States of America, this affects Your rights. Otherwise, this Section applies to the extent applicable in your jurisdiction.
(a) Applicable Law. These Terms will be subject to and construed in accordance with the laws of the State of Delaware, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute You may have against the Company must be resolved exclusively by a state or federal court located in the State of Delaware, except as prohibited by law, as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Delaware State for the purpose of litigating all such claims or disputes.
(b) Dispute Resolution. Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, You and the Company may attempt to resolve the claim or dispute informally. If You and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.
(c) Arbitration. You agree that, to the extent that the Law permits, the Company may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-appearance-based arbitration), except that you may assert claims in small claims court if your claims qualify. You have the right to opt-out of this provision, which means you would retain your right to litigate your disputes in a court, either before a judge or, if applicable, a jury. You must opt-out of these arbitration procedures within 30 days from the date that you first consent to these Terms (the “Opt-Out Deadline”). You may opt out of this provision by mailing written notification to Inside Higher Ed, Inc., Attn. Legal, 1150 Connecticut Avenue NW, Suite 400, Washington, DC 20036, USA. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Arbitration provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court. In the event the Company elects arbitration, You hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by the Company. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Wilmington County, Delaware, and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to these Terms.
(d) Waiver of Jury Trial. EXCEPT AS PROHIBITED BY LAW, YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between You and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. EXCEPT AS PROHIBITED BY LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. TO THE EXTENT THAT THE LAW PERMITS, EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
19. ELECTRONIC COMMUNICATIONS; AI CHATBOT.
When you interact with the Company — such as by visiting the website, sending emails, or using the Service —you agree to communicate electronically. This includes receiving emails from the Company or seeing notices posted on the website. By doing this, you (1) agree to get communications from the Company electronically, and (2) accept that all agreements, notices, and other messages sent electronically have the same legal effect as if they were in writing. This does not affect any legal rights you have by law. If the Company asks for your email address, you must give them your current and correct email. If the last email address you gave is not valid or cannot receive messages, the Company’s attempt to send you an email will still count as proper notice. The Company is not responsible if you do not receive emails because of filters or blocks set up by you, your network, or your email provider.
We may use artificial intelligence-driven chat interfaces (“AI Chatbots”) to respond to your inquiries. These AI Chatbot communications are not legally binding on the Company or its affiliates and may not reflect the Company’s current policies or positions. For official or legally binding information, please refer to our official documentation or contact the Company directly. By using the AI Chatbot, you acknowledge that the Company is not responsible for any errors or actions taken based on chatbot responses. For official assistance or legally binding matters, please Contact Us directly as set forth in Section 22 below.
20. CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Inside Higher Ed, Inc. If you have a question or complaint regarding the Service, please contact the Company’s Customer Service at subscription@insiderhighered.com; Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
21. GENERAL.
These Terms together with our Privacy Policy, and any Additional Terms that we may make available from time to time through our internet properties, and any order forms, contracts, or other documents executed by you and the Company that reference or incorporate these Terms (collectively, “Order Documents”), which upon execution become part of these Terms, constitute the entire agreement between you and the Company regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. In the event of any conflict between an Order Document and these Terms, the Order Document will control with respect to the subject matter of such Order Document. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
22. CONTACT US.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at subscription@insiderhighered.com.
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