INTO Marshall University Terms & Conditions — 2017-18

For 2016-17 Terms, click here

1. Application of the Terms and Conditions

a. These are terms and conditions of the agreement between Marshall University (the University) and the student. These terms and conditions are effective upon completion of the confirmation process, as detailed in Section 3 below. These terms and conditions supersede any promises, representations and warranties, whether written or oral, made by or on behalf of the student or the University.

b.Students should read these terms and conditions very carefully before signing their application for admission.

c. All students are bound by the regulations, policies and procedures of the University as amended from time to time. These can be found at: www.marshall.edu The University may assign or sub- contract in whole or in part some or all of the benefit and/or burden of this agreement without any approval from the student.

d. Program (program) refers to individual courses of study. Programs offered by INTO include Academic English (AE) and Pathway (PW).

e. The admitted study plan (study plan) refers to the entire study plan submitted at the time of application. If the student has made multiple selections, and has received an I-20 based on those selections, the study plan includes multiple programs and is the entire period of time needed to complete all selections.

2. Changes to the Terms and Conditions

a. The University reserves the right to amend the terms and conditions as needed. In such circumstances, the University will provide the student with a revised set of terms and conditions upon request.

3. Application, Admissions, Program Offer, Confirmation and Deposit

a. Students should complete their application and submit it to the INTO Application Processing Center.

b. If the student is admitted, the University will issue a written offer. As described in the offer letter, in order to accept the offer, the student must sign the acceptance letter and, if applicable, remit a deposit payment. This completes the confirmation process and denotes acceptance of these terms and conditions.

c. Completing the confirmation process ensures the student’s enrollment in a program and/or confirms a housing reservation and insurance. The deposit is only refundable in the event that a student is unable to meet visa entry requirements, subject to the receipt of an official visa rejection letter by the published start date of the study plan.

d. A damages and miscellaneous expenses deposit of $800 will be charged along with the deposit for tuition, fees, insurance and any accommodations. The damages and miscellaneous expenses deposit is refundable at the end of the program minus any charges for damages, cleaning, fines or other miscellaneous costs incurred by the student during his/her program of study which have not already been paid.

e. Where a program includes multiple programs of study, the higher deposit amount will be charged at the time of offer and will be required to be paid at the time of confirmation.

f. If a student enters the United States on an I-20 based on a program that includes a PW program as the ultimate study goal, the student will be bound by PW program terms and conditions and must comply with all of the requirements to maintain his or her status under the I-20 for the duration of the program.

g. In order to accept the offer, the student must complete the confirmation process:

i. Complete and return the acceptance form, confirming acceptance of the admission offer.

ii. Pay a deposit as described in the offer letter, which will be applied toward program costs. The amount of the deposit required will be shown in the offer letter. By remitting a deposit, a student indicates his/her acceptance of these terms and conditions.

4. Full Payment

a. The remaining outstanding balance must be paid four (4) weeks prior to the program’s published start date. Any variation to standard payment terms must be made in advance and agreed to in writing. The student will not be permitted to register for his/her program until full payment has been made.

b. If a student is applying for a scholarship from a government sponsor, the student will be required to either (i) pay in full or (ii) provide an official letter of financial guarantee from the sponsor by the published start date of the program. Students with unofficial letters of financial guarantee will be allowed to register for classes, but if the official letter of financial guarantee is not received by the deadline, students will be withdrawn from their classes and disenrolled from the INTO program. An official letter of financial guarantee must specify that the guarantee covers the entire term. Sponsors will be invoiced for their portion of fees, and the student will be refunded any credit balance remaining on his/her account after payment has been received from the sponsor. Students who wish to have their University health insurance waived due to sponsor provided coverage must comply with University Health Services waiver requirements.

5. Overdue Payment

a. In cases of overdue payment, the University reserves the right to suspend or cancel enrollment for students who do not have a pre-agreed arrangement with the University in writing for late payment, and to charge interest on the outstanding balance. Interest will be charged at the rate of 2% per month (24% APR). Upon termination of a student’s enrollment, the University will also cancel the I-20 and the student will not be permitted to remain in the United States.

 6. Health Insurance

a. The University requires non-resident international students to be covered by health insurance which meets the US Government visa requirements and Marshall University requirements. Students who have health insurance coverage that meets or exceeds the coverage offered by the International Student Insurance plan may request a waiver by emailing a copy of their coverage to: [email protected]. Students unable to provide evidence of adequate coverage at the time of their application will automatically be enrolled in the current INTO Marshall University health insurance plan to meet enrollment conditions. Students will have the opportunity to purchase dental and/or vision plans when they arrive on campus.

7. Cancellation, Change or Withdrawal Policies

If visa entry requirements have been met, the following cancellation charges apply:

a. There will be no refund for students who cancel or withdraw from any INTO program after the published start date. This includes students who do not arrive at Marshall University on or before the program start date.

b. Cancelling a program prior to the published start date will result in a $2,000 cancellation fee.

c. Students making a change to their study plan will be charged a $250 administrative fee. Students currently enrolled in a PW program will not receive a refund if making a program change. All change requests must be received 30 days prior to the published program start date.

d. Students who are suspended or dismissed from INTO will be charged cancellation fees and will not receive a refund for money paid for tuition or other University charges.

e. Cancellation of a program or study plan by the student includes cancellation of the International Student Insurance if the student does not remain at Marshall University. Refunds will be made for the unelapsed period of coverage. Other restrictions from the health insurance provider or the Center for International Programs at Marshall University may apply. 

f. If a student is in a General English or AE program and transfers to an INTO partner school, any INTO tuition fees will transfer if the request is made prior to the published start date for the originating INTO program. If the transfer request is made after the originating program’s published start date, there will be no transfer of tuition for the currently enrolled term/session, but the remaining tuition paid will be transferred to the future INTO partner school. Housing cancellation fees apply. If a student has agreed to attend an INTO PW program, and has begun the program, there will be no transfer of any fees.

g. There will be no refund for students who cancel or withdraw from any INTO program after the published start date. If the student does not meet the conditions of the offer letter and the offer of admission is withdrawn, no cancellation fees will be payable by the student provided that the student informs INTO in writing and sends evidence that the conditions have not been met. This information must be received no later than four (4) weeks before the program start date.

h. If the student enters the United States on the I-20 for an INTO Marshall program and immediately requests a transfer to another program, school, college or university, no refunds will be given for the duration of the student’s first program with the exceptions of prorated meal plan and health insurance refunds. Any further programs or registration can be cancelled with full cancellation fees attached.

i. If a student transfers to an INTO partner school, any INTO tuition fees will transfer if the request is made prior to the published start for the originating INTO program. If the transfer request is made after the originating program’s start date, there will no transfer of tuition for the currently enrolled term/session, but the remaining tuition paid will be transferred to the future INTO partner school. If a student has agreed to attend an INTO PW program, and has begun the program, there will be no transfer of any fees.

8. Accommodations

a. On application, students are invited to select their preferred accommodations. The University agrees to make every reasonable effort to provide the accommodations as requested. If unable to do so, the University reserves the right to provide an alternative type of accommodation which will be charged at the published rate as set out on the fees page at the end of the 2017-18 brochure. Accommodations are confirmed when full fees are paid. Fees are subject to change.

b. Students living in University accommodations are required to abide by the terms and conditions of the Housing and Food Services Contract, as well as the Residence Hall Guide available at: webcontent.marshall.edu/sites/housingweb/Public/ MUResHallGuide.pdf. In the case of a conflict, these terms and conditions will control.

c. Students in Undergraduate PW programs or AE are required to live in University housing unless:

i. The student/resident has a parent or legal guardian living in the Huntington area and the student will live with that parent or legal guardian (the student/resident will bear the burden of demonstrating the applicability of this exception).

ii. The student’s government sponsor does not support on-campus housing.

iii. The student is 21 years of age or older.

iv. The student has a spouse and/or children living with him/her.

v. The housing requirement in (c) is in effect regardless of the number of terms of AE required prior to the PW program. If the student is enrolled in the Undergraduate PW program, but chooses to cancel his/her program, no housing refund will be awarded. Any subsequent housing terms requested by the student will incur housing cancellation fees as detailed in these terms and conditions.

vi. A student seeking a waiver of the requirement to live in University housing for the reasons stated in sections i,
iii, and iv above must submit a written request to the Marshall University Director of Housing and Residence Life.

8.1 Accommodation Changes or Cancellation

a. If a student has specified his/her intent to stay in University housing, a housing deposit must be made and the student will be responsible for housing charges for the entire term specified in his/her application form. Cancelling accommodations after payment of the INTO housing deposit will result in the following cancellation fees:

i. For students who cancel their on-campus housing at least four (4) weeks prior to the published start date of their program or study plan, the cancellation fee will be the deposit.

ii. For students who do not cancel their on-campus housing at least four (4) weeks prior to the published start date of their program or study plan, the cancellation fee will be the greater of the housing deposit or the established individual daily room rate for the remainder of the housing contract. Undergraduate PW students who cancel their housing prior to fulfillment of the Undergraduate PW Housing Requirement (3 terms) will not receive any housing refund.

iii. Housing exemption requests must be submitted at least four (4) weeks prior to the published start date. Exemption requests received after the 4-week deadline will be treated as cancellations, and as such will incur cancellation fees.

iv. Students who are dismissed or suspended from their program, the University or University housing will be charged cancellation fees as outlined in these terms and conditions.

v. Students who fail to arrive without notifying INTO Marshall will not receive a housing refund.
In all cancellation scenarios, any meal plan overages will be charged to the student, in addition to any applicable cancellation fees.

b. Cancellation fees may be waived based on a student petition for the following reasons:

i. The resident completes his or her entire program.

ii. The resident suffers significant and unforeseeable financial hardships outside the resident’s reasonable control.

iii. The resident has an unforeseen, documented medical reason which requires the resident to live off campus.

iv. The resident is unable to meet visa entry requirements, subject to the receipt of an official visa rejection letter.
If a waiver or cancellation has been requested and approved, charges will not be finalized until the resident vacates Housing. Additional charges may be incurred by the student if the facility has not been properly cleaned or there is lost/damaged property.

9. Student Conduct

a. Students are required to observe the policies, rules, and requirements of Marshall University, as well as laws of municipalities and counties, the State of West Virginia, and the United States of America, as well as comply with the conditions under which the I-20 is issued.

b. Students are subject to the standards of conduct as described by University rules and policies, as amended from time to time. Information regarding student conduct may be referenced at the following website: www.marshall.edu/catalog

Failure to abide by conduct regulations and relevant laws may lead to suspension from the University and/or from INTO Marshall University.

10. Appeals
a. Students may challenge decisions through established procedures for appeals and grievances. Information on appeals procedures is available in the Student Handbook as amended from time to time.

11. Late Arrivals

a. All students are expected to arrive and start their program on the scheduled start date. All late arrivals must be approved in advance and will be considered on a case-by-case basis. No deposits, tuition, accommodation costs, or other fees will be refunded for late arrivals (late arrival fees may apply). Any revision of the study plan will most likely involve additional time and expenditure with regard to tuition and accommodation fees. NOTE: There are strict deadlines for program entrance. An unapproved late arrival may result in the student being unable to attend classes for the term and/or enter the United States, and may also require that the student return to his/her country until the next available term.

12. Late Registration

a. All students who register on or after the first day of classes for the term and who do not have prior approval to register late will be assessed a $250 Late Registration Fee. Students enrolled in the Pathway program may be assessed University late fees as well.

13. Airport Pick-ups

a. Requests for airport pick-up should be made at least 72 hours in advance. INTO Marshall University cannot guarantee a reservation request made less than 72 hours in advance, however, staff will make every attempt to accommodate late requests.

b. In the event a flight is cancelled or delayed, students must call the Airport Arrival telephone number published in the Pre-Departure Guide to inform INTO Marshall University Arrival and Housing staff of the new arrival time.

14. Notification of Refund

a. Where students have provided a FERPA waiver, appropriate parties will be notified prior to refund of monies in excess of $5,000. 

b. Refunds of any payments made to INTO Marshall will only be made to the individual or organisation that originally paid the funds. If a third party has paid the funds on behalf of the Student we are unable to refund the funds directly to the Student and any refund will be made directly to the third party who originally paid the funds.

c. Refunds of any payments made to INTO Marshall can only be made to the account from which the payment was made originally. Proof of payment such as a receipt or a bank statement showing payment from that account must be produced for a refund to take place. Failure to do so may delay the refund severely or prevent it altogether.

d. Refunds will not be paid via cash. INTO Marshall reserves the right not to accept any payment by cash at its own discretion.

15. Deferral of Program Start Date

a. All requests to defer a program must be received four (4) weeks prior to the published program start date, unless in the case of a visa denial. Students may make two (2) requests to defer the program start date without penalty. Any additional deferral requests will be charged a $300 program deferral fee. An express mail fee will be charged every time express mail is used to send program documents. Students who submit deferral requests after the 4-week deadline will be assessed program cancellation penalties.

16. Academic Standards

16.1 Academic Criteria

a. Students are accepted into their program with the strict understanding that progression through the program and successful completion of the program, are conditional upon satisfactory attendance and successful attainment of specified progression grades. During the program orientation, all students will be made aware of the criteria for successful completion of the courses in their program. The assessment of student performance is the responsibility of the course instructor.

b. Students who do not meet the criteria for successful completion will not be allowed to proceed with their original program. Students will be offered advice on suitable alternative study options which may include retaking, substituting, or adding courses and/or changing their program. An alternative study plan may involve additional time and expenditure with regard to tuition and accommodation fees.

c. Many students find it difficult to complete all requirements for an undergraduate degree in just four (4) years of study (attending only 2 semesters per year). They typically need to enroll in one (1) or more summer terms to stay on track to graduate in four (4) years.

d. Academic courses during the Program are determined prior to arrival, and students will not be allowed to add or drop a class during the Program.

e. Students who wish to change their PW program, must do so 30 days before the Program start date.  Students in the 2-semester PW must submit a change of PW request 30 days before the start date of their second semester.

16.2 Academic Standing

a. Students in Undergraduate PW programs must maintain a 2.0 GPA to continue in their programs. A student who receives less than the 2.0 GPA will be on Academic Warning after one (1) term, Academic Probation after two (2) terms and will be academically dismissed after three (3) terms with a GPA below 2.0. Students will also be placed on Academic Warning should they receive any course grades below C. Students are required to repeat all courses for which they receive a D or F and achieve a minimum of a C grade for each of the courses. Following the University’s D/F Repeat Rule (see www.marshall.edu/catalog/undergraduate-catalogs), the original grade will be replaced with the subsequent course grade. Students on Academic Warning or Academic Probation will work closely with an advisor to devise a plan by which to return to good standing.

b. Students in Graduate PW programs must maintain a 3.0 GPA (3.25 for Engineering students) to continue in their programs. A student who attains less than the required GPA after one (1) term will be placed on Academic Warning. If the student fails to raise his/her GPA above the required minimum upon completion of the second term, he/she will be placed on Academic Probation. If the student fails to raise his/her GPA above the required minimum upon completion of the third term, he/she will be academically dismissed. Academic Warning, Probation, and Dismissal policies also apply to students should they receive any content course grades below B or INTO English course (ENG 150, ENG 151, ENG 160, ENG 101A) grade below C. Students are required to repeat all content courses for which they receive a C, D or F and achieve a minimum of a B grade for each of the courses. Although the courses must be repeated, the original C, D or F grade will not be replaced and will remain in GPA calculations. Students are required to repeat all INTO English courses (ENG 150, ENG 151, ENG 160, ENG 101A) for which they received a D or F. Students on Academic Warning or Academic Probation will work closely with an advisor to devise a plan by which to return to good standing.

c. Students will be provided the appeals process as set forth in the INTO Marshall Student Handbook.

d. Please note that a student may register in no more than two (2) semesters in the same AE level or PW English (ENG 150, ENG 151, ENG 160, ENG 101A) course. Students may not repeat any class more than once. If an Academic English student does not pass an AE or PW English class after two (2) attempts, he/she will be academically suspended from his/ her program and will not be admissible to Marshall University.

e. Currently enrolled students in AE programs who receive a qualifying English language test score (e.g. TOEFL/IELTS) to enter a PW program must also meet the following requirements:

i. Complete the current term in Good Attendance Standing 

ii. Complete the current term in Good Academic Standing

16.3 Attendance Standing

a. Students in AE classes who fail to attend 90% of their classes may be placed on Attendance Probation at the end of the term or session in which they are currently enrolled.

b. While on Attendance Probation, a student must attend over 90% of his/her classes. If a student accrues 15 absences, he/she will be dismissed from the Academic English program.

c. Students who miss two (2) consecutive weeks of classes will be withdrawn from the AE program and may resume their studies at the start of the next semester. No refunds will be applied for the current term.

d. Students who receive a suspension due to attendance standing are not admissible to Marshall University.

e. Students who fall below an 80% attendance rate will be eligible for immediate suspension from their program and will be ineligible for return.

f. Students will be provided the appeals process as set forth in the INTO Marshall Student Handbook.

16.4 University Progression

a. Students who meet all progression requirements for an Undergraduate PW or Graduate PW program will be permitted to progress into the appropriate degree program.

b. In order to progress, students must submit official copies of all required documents, which may include transcripts from all schools attended, degree certificates, graduation certificates, and all test scores. Transcripts and certificates must be submitted by the sending institution, in native language and accompanied by a certified literal English translation.

c. After a student progresses to the University, the billing and payment process will be as follows:

i. Tuition/Fees/Accommodation will be based on full-time enrollment status per semester; 12 credit hours for Undergraduate and 9 credit hours for Graduate.

ii. If the student matriculates in the fall or spring semesters, INTO Marshall LLC will collect such student’s first semester’s estimated schedule of tuition, fees and accommodation four (4) weeks prior to the next semester start date.

iii. If the student matriculates in the summer, INTO Marshall LLC will collect the actual tuition, fees and accommodation when applicable for such summer courses and in the following fall semester, INTO Marshall LLC will collect such student’s fall semester’s estimated schedule of tuition, fees and accommodation when applicable.

iv. Once the above obligation has been fulfilled by INTO Marshall LLC and the student has matriculated into a Marshall University undergraduate or graduate program, as applicable, the individual student(s) shall thereafter be responsible for paying Marshall University directly for any tuition and fees incurred.

16.5 Vacation Terms

a. Students are not eligible for a vacation term until they have completed nine (9) months in the academic program.

b. Pathway program students are not eligible for a vacation term during the first two (2) semesters of PW study regardless of how many consecutive semesters they have already studied in their program.

16.6 Duration of Pathway Programs

a. The initial portion of PW programs, prior to the completion of the remaining degree program, are designed to be completed in one (1) or two (2) semesters. Initial PW study can be extended by one (1) semester, for a total of three (3) semesters. Students may appeal for an additional PW semester beyond three (3); appeals for an additional PW extension semester will be considered by an appeals committee on a case-by-case basis.

b. Undergraduate students who extend their PW may be allowed to take additional content courses in order to maintain full-time status. These students must achieve a C or better in all repeated PW courses and must maintain an overall GPA of 2.0 in order to progress. Undergraduate PW extension semesters are limited to 18 credit hours.

c. Graduate students who extend their PW will repeat all courses that did not meet grade requirements. These students must achieve a B or better in all extended semester courses and must achieve a 3.0 GPA (3.25 for Engineering students) in order to progress. Graduate PW extension semesters are limited to 9 credit hours for fall and spring semesters and 6 credit hours for the summer semester.

16.7 English Language and Academic Class Times and Sizes

a. For all English language programs, classes will normally be held Monday through Friday. Average class size is normally 16 students and generally will not exceed 24 students. Where appropriate, classes may be combined for university-style lectures. Classes are typically held any time between 8 am and 8 pm.

b. For academic programs, classes will normally be held Monday through Friday. Lessons will typically take place in the form of classes, seminars and workshops. Class sizes will vary depending on the learning format (i.e. lecture, seminar, lab practical).

17. Program Admissions Criteria

a. Students are accepted in good faith into both English language and academic programs, in part, on the basis of the certification they provide to meet the admissions criteria. If, however, the results from the tests and assessment procedures upon arrival provide clear evidence that a student’s actual level of English language or academic proficiency is significantly different than claimed, or as documented, and lower than that required for their designated program, then the student will be formally advised of the results and of applicable options. Students need to be aware that if an alternative study plan is advised, there may be a significant change in study time and expenditure with regard to tuition and accommodation fees.

b. Once admitted to the PW academic program, students are accepted provisionally to Marshall University as non-degree seeking students based on unofficial academic credentials and for a maximum of three (3) semesters. Upon arrival at Marshall University for a PW program, the Marshall University Admissions Office (Admissions Office) will provide students with a step-by-step guide to request that official academic credentials be sent from the institution(s) previously attended by the students directly to the Admissions Office. Students may matriculate into their intended degree program of study as degree-seeking students of Marshall University, when (i) all official academic credentials have been received and reviewed by the Admissions Office, or (ii) the Admissions Office has determined, in its sole discretion, that the student’s unofficial academic credentials have been appropriately authenticated. For institutions or countries that will not issue official credentials to Marshall, the Admissions Office has established a procedure to appropriately authenticate the unofficial academic credentials.

c. A student, either individually or through his/her representative, who has submitted any information, documentation or certification to meet the admissions criteria which is later found to have been falsified, inaccurate or incomplete may be subject to administrative withdrawal, disciplinary action or prosecution by the University.

18. Student Information

a. At the time of application, students are requested to sign a release authorizing Marshall University to share information about the student with designated officials of the University, parents and representatives. It is part of the unique nature of the INTO Marshall University program that our center provides constant feedback about academic performance and financial issues to individuals involved in the student’s success.

b. Students may also agree in writing that their records and achievements may be used for promotional purposes without notification and such consent will remain in effect until formally withdrawn in writing.

19. Holidays and Dates

a. The University is closed during most recognized US holidays. Consult www.marshall.edu/calendar/academic for closure dates. Semester dates are published in the 2017-18 brochure and are based on knowledge of program start and end dates at the time of publication. Dates are subject to change to meet university calendar.

20. Liability

a. Neither INTO Marshall University, LLC, the University, nor their staff or representatives, will be liable for any loss, damage, or injury to persons or property, except where the liability is specified by applicable law. Neither INTO Marshall University, LLC, the University, nor their staff or representatives will be liable in the event that, for any reason, they are not able to supply a service due to circumstances beyond their control.

21. Prices

a. The prices stated in the 2017-18 brochure are subject to change without notice.

22. Banking Regulations

a. INTO Marshall abides by the guidance of the Financial Action Task Force (FATF) and our banking service providers in relation to taking actions to help prevent of money laundering and terrorist financing.

b. INTO Marshall is bound by international banking restrictions regarding payments to and from certain countries. These restrictions are amended regularly and INTO Marshall reserves the right to amend its payment acceptance procedures accordingly to ensure that it is compliant with these restrictions.

c. INTO Marshall operates an equal opportunities admissions policy and welcomes applications from all students. However, INTO Marshall reserves the right to refuse to admit a student where in doing so, it risks being in breach of the provisions set out above. 

d. INTO Marshall reserves the right to refuse to accept any payment where INTO Marshall reasonably believes that in doing so, it risks being in breach of the provisions set out above.

e. At February 2017, in line with current global banking restrictions, INTO Marshall will not accept payments from the following countries/territories: Cuba, Iran, Syria, North Korea, Sudan and the Crimean Peninsula.

f. Payments made from a restricted country or territory will be blocked by our global banking partner. In such cases, the payment will be dealt with under the sanctions policy of the bank to which the payment was remitted.

23. Disclaimer

a. We have taken great care in compiling the information contained in the 2017-18 brochure, which we believe to be accurate at the time of printing. However, the provision of programs, facilities and other arrangements described in the prospectus are regularly reviewed and may be subject to change without notice.

24. Equal Opportunities and Diversity

a. It is the policy of Marshall University to provide equal opportunities to all prospective and current members of the student body, faculty, and staff on the basis of individual qualifications and merit without regard to race, color, sex, religion, age, handicap, national origin, or sexual orientation. This non-discrimination policy also applies to all programs and activities covered under Title IX, which prohibits sex discrimination in higher education. Marshall University strives to provide educational opportunities for minorities and women in the undergraduate student body which reflect the interest, individual merit and availability of such individuals. The University ensures equality of opportunity and treatment in all areas related to student admissions, instruction, employment, placement accommodations, financial assistance programs, and other services. Marshall University also neither affiliates with nor grants recognition to any individual, group, or organization having policies that discriminate on the basis of race, sex, religion, age, sexual orientation, handicap, or national origin. Information on the implementation of the policy and/or the Title IX Amendment should be addressed to:

Office of Equity Programs
Marshall University
206 Old Main
Huntington, West Virginia 25755

25. Severability

a. If any provision of these terms and conditions is held to be invalid, illegal, void, or unenforceable, then such provision shall be modified by the proper court or other authority to the extent necessary and possible to make such provision enforceable, and such modified provision and all other provisions of these terms and conditions shall be given effect separately from the provision or portion thereof determined to be invalid, illegal, void or unenforceable and shall not be affected thereby.

26. Governing Law and Jurisdiction

a. These terms and conditions shall be governed by and construed in accordance with the domestic laws of West Virginia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Each of the parties submits to the jurisdiction of any state court sitting in West Virginia in any action or proceeding arising out of or relating to these terms and conditions and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each party also agrees not to bring any action or proceeding arising out of or relating to these terms and conditions in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.

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