MEMBERSHIP AGREEMENT

General Terms & Conditions

By registering and/or accessing this website you agree to the terms and conditions listed here. The ScholarshipPoints Service ("ScholarshipPoints Service") is owned by Edvisors Network, Inc. ("ENI"), a Massachusetts corporation, and operated by ENI or its third-party providers. The ScholarshipPoints Service is provided subject to compliance with the terms and conditions of this member agreement ("Member Agreement"). Please read this Member Agreement carefully before accessing or using the ScholarshipPoints Service. By registering with and using the ScholarshipPoints Service you agree to the Membership Agreement Terms and Conditions.

If you do not agree to the terms and conditions set forth below, you may not use the ScholarshipPoints Service. If you use the ScholarshipPoints Service, you acknowledge and agree that this Member Agreement is a legally binding contract between you and ENI. ENI may modify the terms and conditions in this Member Agreement as described below. You agree to review this Membership Agreement often to familiarize yourself with such modifications.

By completing the registration process, you become an authorized user of the ScholarshipPoints Service (a "Member").

Section 1: Eligibility

  1. The ScholarshipPoints Membership is limited to individuals who are enrolled or will enroll in a college or university in the United States. Individuals must be 13 years or older at the time of registering to be an ScholarshipPoints Member.
  2. The ScholarshipPoints Membership is limited to individuals only; corporations or other business entities may not become Members.
  3. The ScholarshipPoints Service is limited to one account per individual, even if individual has multiple e-mail addresses.
  4. Employees of Edvisors Network, Inc. and members of their household are not eligible to participate or permitted to redeem points except employees are permitted to create accounts for testing purposes only.
  5. Automated services, scripts, or other machines are not eligible. Members using automated services, scripts, or other processes to participate in activities, contests, and promotions may have their accounts terminated at ENI's sole discretion.
  6. Member must be 13 years of age or older to be eligible to win a scholarship through the ScholarshipPoints Service.
  7. Member must be a legal resident of the United States or Puerto Rico to be eligible for the ScholarshipPoints Service.

Section 2: Member Registration Obligations

  1. Equipment. To access and use the ScholarshipPoints Service, Member needs computer equipment and telecommunications access necessary to connect to and access the World Wide Web. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees such as ISP charges) necessary to access the ScholarshipPoints Service and any future enhancements or additional services.
  2. Registration Data. In consideration of use of the ScholarshipPoints Service, Member agrees to provide to ENI and its third-party partners true, accurate, current, and complete information as prompted by this website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete.. If Member provides any information that is untrue, inaccurate, not current, or incomplete, ENI may suspend or terminate Member's account immediately and may refuse Member all current or future use of the ScholarshipPoints Service.
  3. Use of Personal Information. All winners will be required to allow ScholarshipPoints "Service" to use their name, likeness, testimonials, Contest Submissions and biographical information for future promotional material along with required reporting required by law.

Section 3: Password & Account Access

  1. Member's Password & Account Access Rights & Responsibilities
    1. Member must select a password as part of the registration process (unless the Member logs in using a third-party social media functionality such as Facebook Connect).
    2. In order to prevent unauthorized activity, to access the ScholarshipPoints Service on the Internet, Member must give the ScholarshipPoints Service their e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.), earn points, and enter sweepstakes, Activities and Contests.
    3. For security purposes, Member is advised to memorize, and not to write down, his/her password.
    4. Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member's e-mail address and password, including all unauthorized activities.
    5. Member agrees to (a) immediately notify ENI of any unauthorized use of Member's e-mail address and password or any other breach of security related to this website or the ScholarshipPoints Service, and (b) ensure that Member logs out from Member's account at the end of each session.
    6. Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member's account.
  2. ENI's Password & Account Access Rights & Responsibilities
    1. ENI will utilize MD5 Hash to secure Member's password on the database.
    2. ENI is entitled to act on instructions received under Member's password and e-mail address.
    3. ENI cannot and will not be liable for any credits or debits made to Member's account by another individual who uses Member's password, or for any loss or damage arising from Member's failure to adequately safeguard Member's e-mail address and/or password.

Section 4: Value of Points

  1. Points may not be redeemed for cash and have no cash value.
  2. Points are not transferable by gift, sale, barter, upon death, as part of a domestic relations matter or otherwise, except by operation of law.
    1. ScholarshipPoints Member accounts may not be merged under any circumstances.
    2. ScholarshipPoints Member accounts are not transferable.

Section 5: Earning Points

  1. Member agrees to accept personalized information, offers and invitations to complete activities, enter contests or participate in sweepstakes from ENI or its third-party clients ("Clients") or its third-party sponsors ("Sponsors") via electronic mail and the Internet and direct (physical) mail.
  2. Member agrees, as necessary to earn points, to accept Clients, Sponsors and or other social media's terms and conditions. ENI is not liable for any action or inaction of its Clients, Sponsors or any social media except to the extent it involved Member's demonstratively earning or not earning points.
  3. Members can earn points each time Member, competes in a competition, enters a sweepstakes or engages in a similar activity.
    1. The amount of points that can be earned will be stipulated in each invitation.
    2. On occasion, ENI, Clients and Sponsors may allow Member to earn additional points via special earning opportunities.
      1. The amount of points offered for special earning opportunities will be stipulated in each special earning opportunity announcement.
      2. Member must comply with the terms of each special earning opportunity to earn any such additional points.
    3. On occasion, ENI, Clients and Sponsors may communicate special opportunities via direct mail to Members who have not requested to be excluded from direct mail communications.
    4. Member acknowledges that he/she may not be eligible to receive certain earning opportunities. If Member is sent or receives a special earning opportunity in error, ENI reserves the right to debit the Member's account for the points erroneously credited.

Section 6: Participation in Activities and Earning Opportunities

  1. Member's Participation in ENI, Client and Sponsor Earning Opportunities Rights & Responsibilities
    1. Member's participation in ENI, Client and Sponsor earning opportunities is solely at Member's discretion. ENI shall not be a party to, or in any way responsible for, any contractual arrangements or other transactions that occur between Member, on the one hand, and a Client or Sponsor, on the other hand. Also, ENI shall not be in any way responsible for personally identifiable information that Members may voluntarily share with Client or Sponsor in the course of any earning opportunity.
    2. Member is responsible for complying with any rules or terms set forth by Client or Sponsor.
  2. ENI's Participation in Client or Sponsor Activities and Earning Opportunities Rights & Responsibilities
    1. ENI assumes no liability, obligation or responsibility for, and makes no warranty with respect to, any content provided by ENI's Clients or Sponsors, or any part thereof.
    2. ENI assumes no liability, obligation, or responsibility for the transactions between Member and Client or Sponsor, including but not limited to:
      1. Fulfillment and timeliness of delivery of Client or Sponsor goods or services.
      2. Security associated with credit card or other transactions directly initiated by Member with Client or Sponsor.
      3. Maintenance of privacy of any personal information given by Member directly to Client or Sponsor.
      4. Member agrees that ENI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Member and Clients or Sponsors, or as the result of the presence of such Clients or Sponsors on this website or via the ScholarshipPoints Services.

Section 7: Children's Online Privacy Protection Notice

We do not knowingly collect, maintain or use personal information from our websites about children under age 13. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third parties. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information via our website.

Section 8: Expiration of Points

  1. All points will be added to the Member's account and will remain available until spent.
  2. At ENI's sole discretion, ENI may choose to establish an expiration period for Member's points. If such an expiration period is established, ENI may choose to waive or defer enforcement of the expiration of Member's points.

Section 9: Proprietary Rights to Content

  1. Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the ScholarshipPoints Service shall remain in ENI and/or its licensors and suppliers.
  2. Member acknowledges that the content of this website and the ScholarshipPoints Service - including but not limited to text, sound, photographs, graphics, software or other material contained in either ENI, Sponsor, or Client electronic mail communications, services or software - is copyrighted by ENI and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by ENI or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of ENI and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by ENI, its Clients, Sponsors or Reward Partners may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content..
  3. Member may use ENI's, Sponsor's, or Client's content, service or software only as expressly authorized by ENI, the Sponsor, the Client or the Reward Partner.
  4. Member acknowledges and agrees that the ScholarshipPoints Service and any necessary software provided by ENI or its Clients, Sponsors, or other third-party partners and used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. ENI grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this website and the ScholarshipPoints Service; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the ScholarshipPoints Service. Member agrees not to access the ScholarshipPoints Service by any means other than through the interface that is provided by ENI for such use.

Section 10: Member Conduct

  1. Member agrees not to use any website with ScholarshipPoints service mark, including but not limited to Facebook, Twitter, Pinterest, blogs or other social media site, or this website to:
    1. Violate any local, state, national or international law;
    2. Stalk, harass or harm another individual;
    3. Collect or store personal data about other Members;
    4. Impersonate any person, or otherwise misrepresent Member's identity;
    5. Interfere with, disrupt or violate the terms and conditions and operating rules of the ScholarshipPoints Service or servers or networks connected to the ScholarshipPoints Service; or disobey any requirements, procedures, policies or regulations of such networks;
    6. Interfere with another Member's use of the ScholarshipPoints Service;
    7. Attempt to gain unauthorized access to the ScholarshipPoints Service, or to other accounts, computer systems or networks connected to the ScholarshipPoints Service;
    8. Transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features;
    9. Use the ScholarshipPoints Service to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
    10. Resell, barter, trade, auction or otherwise generate income by providing access to the ScholarshipPoints Service to others.
    11. Exploit bugs, coding or scripting error to achieve a task, earn or redeem points, participate in or rig a contest, sweepstakes or activity.
  2. Member agrees to act in good faith and to provide accurate and truthful information to Client or Sponsor when prompted.
    1. ENI reserves the right to withhold awarding points to Member if Member does not act in good faith and fails to provide accurate and truthful information to Client or Sponsor when prompted.

Section 11: Termination

  1. This Member Agreement commences upon Member's completion of the registration process. This Member Agreement, and your account, may be terminated as follows:
    1. By Member. Member may terminate membership in the ScholarshipPoints Service with or without cause at any time. Member's termination of the ScholarshipPoints Service is effective upon Member terminating his/her membership on this website.
    2. By ENI. ENI may terminate this Member Agreement, Member's password, account or use of the Services, and remove and discard any Member content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data, lack of use, sale, resale, auction, barter, or trade of points, except as provided in section 11(A)(b)(ii), or if ENI believes that Member has violated or acted inconsistently with the letter or spirit of this Member Agreement.
      1. If Member sells, resells, auctions, barters or trades points, or rewards obtained with points, ENI reserves the right to use Members' name, address, e-mail address, and/or telephone number to halt the improper alienations of points and/or rewards. This includes, but is no limited to, contacting online auction services to discontinue auctions for points and/or rewards.
      2. Exclusion: Barters or trade of points may be permitted from a parent to a child.
  2. Effect of Termination. Upon termination by either Member or ENI:
    1. ENI may immediately deactivate or delete Member's account and all related information and files and/or bar any further access to such files or the ScholarshipPoints Service.
    2. Member's right to use the ScholarshipPoints Service ceases immediately. This includes any rights to contests, games or activities active at the time of termination.
    3. Member agrees to forfeit any unredeemed points
      1. upon termination
      2. for points previously allocated to drawings that occur after the termination date.
    4. Should Member object to any of the terms or conditions of this Member Agreement or any subsequent modifications thereto or become dissatisfied with the ScholarshipPoints Service, Member's only recourse is to:
      1. Immediately discontinue use of the ScholarshipPoints Service, and
      2. Properly terminate membership in the ScholarshipPoints Service (see item (A)(a) above).
      3. Member agrees that ENI shall not be liable to Member or to any third party for any termination of Member's account or Member's access to the Services.
      4. Survival. The provisions of Sections 3, 9, 10, 11, 12, 14, 15, 16, 20, 21 and 22 shall survive any termination of this Member Agreement.

Section 12: Privacy Policy

See our Privacy Policy

Section 13: Modifications to Terms & Conditions

  1. ENI reserves the right to modify this Member Agreement and Privacy Policy at any time without prior notice. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement and Privacy Policy. While ENI reserves this right, ENI will attempt to notify Member of such changes by posting such changes on ScholarshipPoints.com.
  2. ENI may discontinue, add to or revise any or all aspects of the ScholarshipPoints Service in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the ScholarshipPoints Service or membership. Sponsors and Reward Partners may be added, deleted, changed or modified at any time in ENI's sole discretion.
  3. If Member objects to any changes, Member's sole recourse shall be to cease using the ScholarshipPoints Service and their account will be terminated and subject to Section 11. Member's continuing use of the ScholarshipPoints Service after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
  4. Any new or additional features of the ScholarshipPoints Service shall be subject to this Member Agreement.

Section 14: Disclaimer of Warranties

  1. Member agrees that use of the ScholarshipPoints Service and this website is solely at the risk of the Member.
  2. The ScholarshipPoints Service and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
  3. Neither ENI nor its third-party partners make any warranty, express or implied:
    1. With regard to any products, services, or gifts obtained by Members through the ScholarshipPoints Service or through Clients or Sponsors.
    2. That the ScholarshipPoints Service will meet Member's requirements.
    3. That the ScholarshipPoints Service will be uninterrupted, timely, free of errors or without defects.
    4. As to the results a Member may obtain by using the ScholarshipPoints Service.
    5. As to the accuracy or reliability of any information obtained via the ScholarshipPoints Service.
  4. ENI expressly disclaims any and all express, implied and statutory warranties regarding the ScholarshipPoints Service, information, services or goods provided by or through the ScholarshipPoints Service (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to:
    1. The implied warranty of merchantability;
    2. The implied warranties of fitness for a particular user or purpose; and
    3. Non-infringement.
  5. ENI cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients or Sponsors.
  6. No advice or information, whether oral or written, obtained by a Member from ENI or via the ScholarshipPoints Service shall create any warranty not expressly made herein.

Section 15: Limitation of Liability

  1. Member understands the ScholarshipPoints Service promotes offers by third parties or affiliates, and that ENI does not operate, control or endorse any of their information, goods or services in any way.
  2. Member understands that Clients or Sponsors may place restrictions on the use of goods and services offered through the ScholarshipPoints Service.
  3. Neither ENI nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:
    1. The use or inability to use the ScholarshipPoints Service;
    2. The cost of procurement of substitute goods or services;
    3. Any transaction entered into or through the ScholarshipPoints Service;
    4. The reliance on or use of any information, goods, services or merchandise provided on the ScholarshipPoints Service;
    5. Unauthorized access to or alteration of Member's transmissions or data;
    6. Statements or conduct of any third party;
    7. Any claim attributable to errors, omissions or other inaccuracies in the ScholarshipPoints Service and/or materials or information retrieved through the ScholarshipPoints Service; or
    8. Any other matter relating to the ScholarshipPoints Service or this Member Agreement.
  4. The above limitation is applicable even if ENI or its authorized representatives have been advised of (or know or should know of) the possibility of such damages.
  5. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
  6. Member acknowledges and agrees that ENI neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for:
    1. The accuracy of material contained in electronic mail, Internet, or other communications of third parties or affiliates.
    2. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications from third parties or affiliates.
    3. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications by third parties or affiliates.
  7. Member agrees that ENI is not liable to Member or to any third party for any modification, suspension or discontinuance of any part or all of the ScholarshipPoints Service, including changes or discontinuances of service from particular providers to the ScholarshipPoints Service, which may affect the amount of the points offered or the accrual of points.

Section 16: Jurisdiction

The Member Agreement and any dispute of any kind that arises with ENI shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of laws. Members further agree to irrevocably submit to the exclusive personal jurisdiction of Nevada courts.

Section 17: Entire Agreement

  1. The Member Agreement constitutes the complete, final and exclusive understanding between ENI and Member relating to the subject matter hereof and governs Member's use of the ScholarshipPoints Services, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter.
  2. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Clients or Sponsors or other third-party partners of ENI.

Section 18: Survival

If any provision(s) of the Member Agreement is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.

Section 19: Waiver and Course of Conduct

  1. ENI's failure to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ENI in writing.
  2. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.

Section 20: Statute of Limitations

Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Section 21: Right to Delegate

ENI may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.

Section 22: Headings

All headings in this Member Agreement are for convenience only and have no legal effect.

Section 23: Arbitration: PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

  1. Most Member concerns can be resolved quickly by contacting us at members@scholarshippoints.com. In the event that Member Services cannot resolve your concern, binding arbitration through the following procedures shall be your sole and exclusive remedy. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
  2. Pursuant to the Federal Arbitration Act, ENI and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, regardless of legal theory, including, but not limited to, claims relating to advertising and claims relating to any and all use of the ScholarshipPoints Service, whether brought during or after the term of this Agreement. References to "ENI," "you," and "us" include our respective corporate subsidiaries and parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this Agreement or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and ENI are each waiving the right to a trial by jury or to participate in a class action. This Section 23 shall survive termination of this Agreement.
  3. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ENI shall be addressed to Edvisors Network, Inc., 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135, Attention: President ("ENI Notice Address"). The Notice to you shall be addressed to any such addresses as you may have provided ENI in connection with your Member registration. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If ENI and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ENI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ENI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ENI is entitled.
  4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 23 are for a court to decide. Unless ENI and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your home address, as provided in Member registration. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you prevail at arbitration, the arbitrator may award you reimbursement of the filing, administration and arbitrator fees you incurred, as well as reimbursement of any reasonable attorneys' fees you incurred.
  5. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ENI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ENI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  6. Notwithstanding any provision in this Agreement to the contrary, we agree that if ENI makes any change to this Section 23 (other than a change to the ENI Notice Address), you may reject any such change by sending us written notice, to the ENI Notice Address, within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Agreement in the form prior to such rejected change.

Section 24: Notice

Except as provided above with respect to modifications of this Agreement, ENI may deliver notices to Member by prepaid certified mail, return receipt requested at the address in ENI's database, or via electronic mail at the electronic mail address in ENI's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to ENI by prepaid certified mail, return receipt requested at the following address: 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135, Attn: Legal Department, and any such notice shall be effective upon receipt.

Section 25: Links

The provision by ENI of a link to any other website or Internet location is for Member's convenience only and does not signify ENI's endorsement of such other site or location or its contents. ENI shall not be liable for any information, software or links found at any other website, Internet location or source of information, or for Member's use of such information, software or links.

Section 26: No Resale

Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this website, the ScholarshipPoints Service, use of the ScholarshipPoints Service, points, or access to the ScholarshipPoints Service. The ScholarshipPoints Service is provided for Member's personal, noncommercial use only.

Section 27: Indemnification

Member agrees to indemnify and hold harmless ENI and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of the ScholarshipPoints Service by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).

Section 28: Use and Storage

Member acknowledges that ENI may establish general practices and limits concerning use of the ScholarshipPoints Service, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the ScholarshipPoints Service, the maximum disk space that will be allotted on ENI's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the ScholarshipPoints Service in a given period of time. Member acknowledges that ENI reserves the right to terminate accounts that are inactive for an extended period of time, as determined by ENI in its sole discretion. Member further acknowledges that ENI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that ENI has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the ScholarshipPoints Service.

Section 29: Trademark Information

ScholarshipPointsSM and the ScholarshipPoints logo are trademarks of ENI. Other ENI trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this website or on or through the ScholarshipPoints Service, are the property of their respective owners.

Section 30: Official Rules

The Official Rules are incorporated herein and can be found at https://www.scholarshippoints.com/rules/.

Section 31: Definitions

  1. Affiliate: Affiliate is any business under common ownership or control.
  2. Client: Any company that Edvisors has a contract with to connect Edvisors members with. The Client would plan and carry out the sweepstakes, contest or activity on Client's owned and operated website or mail-in promotion.
  3. Partner: Any company or organization that takes part in an undertaking with Edvisors, with shared risks and profits. For example, the Partner may own and operate a website where an activity occurs, but Edvisors would be operating the correlating sweepstakes where points earned through Partner's activity, would be redeemed.
  4. Sponsor: Any company or an organization that pays Edvisors to plan and execute a sweepstakes, contest or activity on an Edvisors' owned and operated website or mail-in promotion.