Terms of Use - Effective
10/26/2009
StudentAid.com, Inc.
1. General Information
Please read this Terms of Use Agreement ("Agreement" or "Terms of Use") carefully.
StudentAid.com, Inc.
("SA.COM") is a fee-based advisory service that assists clients in the process
of and provides information about planning and paying for college. Clients are offered
a personalized
College Cost & Planning Report® , which includes, but is not limited to, an explanation
of the financial aid process, a timeline planner to track important college planning
milestones, a side-by-side net comparison of nominated colleges, information on
potential eligibility for student aid, total and net costs of attendance at nominated
postsecondary institutions, and factors that are relevant to college selection based
on certain information provided. Additionally, clients may use our College Suggestor™,
which helps prospective students and their parents find additional colleges based
on those that were considered by other students with similar interests. The following
outlines the terms and conditions associated with the use of
SA.COM's fee-based advisory services and products throught the
SA.COM
website,
fpa.studentaid.com, ("Site") and our call center ("Call Center"), including the preparation
and completion of
SA.COM's
College Cost & Planning Report
and the use of the College Suggestor™ ("Services"). Your use of the Services
indicates your acknowledgement of and agreement to this Agreement, our Privacy Policy, and other notices on
this Site.
2. Terms of Use Agreement
This Agreement constitutes a legal agreement between you, the user of the Services,
and
SA.COM
(or "we" or "us"), a private, for-profit company that is unaffiliated with any government
agency. In order to access and use the Services, you, the user, must accept and
agree to be bound by, without exception, all of the terms, conditions and notices
contained in this Agreement. If you do not accept all of the terms, conditions and
notices as stated in this Agreement, you may not use or access the Services.
You represent to us that you have the ability and the authority to (a) agree to
be bound by these Terms of Use; and (b) provide the personal information requested
by
SA.COM
in connection with the Services. The Services are not intended for use by children.
You represent to us that you are eighteen (18) years of age or older. If you are
under the age of 18, your parent or legal guardian must agree to the terms of this
Agreement on your behalf.
You acknowledge and agree that you must (a) provide for your own access to the World
Wide Web and pay any service fees associated with such access; and (b) provide all
equipment necessary for you to make such connection to the World Wide Web, including
a computer and modem or other access device.
3. Description of Services; Disclaimers
Our Services are dependent upon information provided by you.
- By using our Services, you acknowledge and agree that any Services provided to you
by
SA.COM
are limited to consultation regarding the student aid process, including estimating
the total and net costs of attending a particular college and providing guidance
on how to pay for college. You further acknowledge and agree that you are solely
responsible for verifying the exact student aid policies of your state and/or educational
institution with student aid administrators to determine procedures, requirements,
and deadlines, and for complying with those policies.
- By using our Services, you warrant and represent that all information provided to
SA.COM, its agents, and employees will be true, accurate, and correct.
- You understand and agree that use of the Services does not guarantee that you will
receive student aid of an amount either estimated or unestimated, nor does
SA.COM
directly or indirectly make any representation or offer any guarantee that use of
our Services will result in a student aid award or in a student aid award that exceeds
your individual student aid eligibility. Actual student aid eligibility and award
packages are determined by federal and state agencies and the student aid offices
of individual educational institutions, and are beyond
SA.COM's control.
- You acknowledge that the information provided by
SA.COM, in connection with the Services provided hereunder, may be based upon
data and materials obtained from third parties. Estimates and planning ranges provided
by
SA.COM
either verbally or in reports are based on (a) historical and current data available
from a wide variety of sources; and (b) information that has been provided by you.
Estimates should be used as a guide to assist a user in understanding possible ranges
for student aid and in the selection of appropriate colleges. While all care has
been taken to produce valid estimates that are based on the information provided
to us by you, federal and state agencies, nonprofit entities, and postsecondary
institutions, such information is subject to change without notice, potentially
rendering these estimates invalid. This information is subject to change based on
a variety of factors, including federal and state legislation changes, federal and
state regulatory changes from administrative agencies (e.g., U.S. Department of
Education and state higher education authorities), changes in Title IV eligibility
at institutions, and/or changes in the financial aid awarding techniques at institutions.
SA.COM
periodically reviews the contents of, and information provided through, the Services
and makes reasonable efforts to consistently provide users with accurate, up-to-date
information. While
SA.COM
believes the information contained on or provided through the Services to be accurate
and factual, it will not be reviewed or approved by
SA.COM, federal agencies, state agencies, lenders, educational institutions,
or other entities involved in the student aid industry.
SA.COM
agrees to use reasonable efforts to provide you with third-party information that
reflects the information as it is received by
SA.COM. Information contained on or provided through the Services should not
be considered legal, financial, or other professional advice.
- Estimates and planning ranges provided by
SA.COM
either verbally or in reports are NOT (a) a guarantee of the type and amount of
aid a student is going to receive for any particular academic year; or (b) a bargaining
tool to try to receive a more favorable financial aid award package from a college
or institution.
- Because we do not independently verify the accuracy of information provided to us
by you and other students or their parents, and because rules and regulations do
change, we do not guarantee that the Services and information that we provide in
connection therewith will be accurate, complete, reliable, current, or error-free.
- Should
SA.COM
determine that the quality of the information you provided is inadequate for us
to provide the Services you purchased,
SA.COM
will use commercially reasonable efforts to contact you to gather the information
required for providing said Services. You agree to respond to
SA.COM's requests for additional information in a prompt and timely manner.
However, if
SA.COM
is unable to contact you by e-mail, telephone, or mail, or if you fail to provide
the information requested in a prompt and timely manner, then
SA.COM
reserves the right to cease providing any additional Services to you, and no refund
will be provided.
4. Privacy Statement
Any information provided by you or gathered by us or third parties during any use
of the Services is subject to the terms of our Privacy Policy, which is incorporated
herein by reference. We encourage you to periodically read our Privacy Policy.
5. Fees, Payments, Billing and Cancellation
The current fees payable to
SA.COM
for your use of the Services are available at
fpa.studentaid.com ("Fees"). You agree to pay the Fees and any other charges incurred
in connection with your use of the Services (including any applicable taxes, chargeback
fees, or bounced-check fees) at the rates in effect when the charges were incurred.
You agree to pay the Fees in accordance with one of our payment options as described
at
fpa.studentaid.com. Fees will be billed prior to the provision of the Services
by
SA.COM. You agree to pay all costs of collection of fees due to us, including
legal fees, incurred by
SA.COM.
We strive to ensure that every client is fully satisfied with our Services. However,
SA.COM will issue you a refund of the Fees paid if you are not satisfied
with our Services within thirty (30) days of any billing of our Services. In no
event will the refund be greater than the Fees paid.
We reserve the right to change our fees at any time.
SA.COM
may change the fees and charges then in effect, or add new fees or charges, by giving
you advance notice. If you want to use a different credit card or there is a change
in credit card validity or expiration date, you must follow the procedures outlined
in the Privacy
Policy for changing your personal information. You are responsible for any
fees or charges incurred to access the Services through an Internet access provider
or other third-party service.
Gift Certificates are valid in the 50 United States only and are void where prohibited,
restricted or taxed. All applicable federal, state and local rules and regulations
apply. Gift Certificates are not refundable or redeemable for cash and do not expire.
Lost or stolen Gift Certificates will not be replaced. No incomplete, damaged, copied,
mechanically reproduced, altered or forged Gift Certificates will be accepted. StudentAid.com,
Inc. is not responsible for late, lost, damaged, incomplete, illegible, misaddressed
or misdirected Gift Certificates or mail. Gift Certificates may not be combined
with any other promotional offer. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO CIRCUMVENT
THE TERMS OF THIS GIFT CERTIFICATE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD
SUCH AN ATTEMPT BE MADE, STUDENTAID.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM
ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Gift Certificates are
subject to the Terms of Use and Privacy Policy of StudentAid.com, Inc., which are
available at www.studentaid.com. Please call 1-877-243-5330.
6. License
Except as expressly provided otherwise, and to the extent that
SA.COM
has obtained the right to provide and/or sublicense Content received by or on behalf
of third parties,
SA.COM
grants you a personal, revocable, non-transferable, and non-exclusive license to
display on your computer, print reasonable copies of, download, and use the underlying
HTML, text, audio clips, video clips, information, materials, reports, graphics,
images, animation files, and any other material and Content that is made available
to you on this Site or through the use of our Services (the "Content"), for non-commercial,
personal, or educational purposes only, provided that (a) you do not (and do not
allow any third party to) alter, modify, or create a derivative work of any such
Content; and (b) you include with and display on each copy of such Content the associated
copyright notice. No other use is permitted. Without limiting the generality of
the foregoing, you may not:
- include such Content in or with any product or website that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes
any portion of the Site, use of the Site, or access to the Site;
- establish a frame containing any portion of the Site on any other website or text
document with hyperlink capabilities; or
- copy such Content onto your or any other site;
and you may not direct any other person to do any of the foregoing. For the purposes
of this Agreement, "Services" shall include any Content provided in connection therewith,
including any use of the Site.
You agree not to access the Site by any means other than through the HTML or other
interface that is provided by
SA.COM
for use in accessing the Site. Notwithstanding the above, nothing contained in this
license shall be construed as conferring any right under any intellectual property
of
SA.COM, its affiliates, or any other person who owns the intellectual property
in the Content provided.
7. Intellectual Property
SA.COM
is the owner and/or authorized user of the Site and any trademark, registered trademark,
service mark, and/or other intellectual property appearing on this Site or used
in connection with the Services, and is the copyright owner or licensee of the Content
on this Site, including, but not limited to, any screens appearing at the Site and
any documents generated from our Services. Except as otherwise provided above, you
may not download, modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, sell, transfer, or in any way commercially
exploit any of the Content or software that is a part of our Site or connected with
our Services, or infringe upon any copyrights, trademarks, or service marks contained
herein, without the express written consent of
SA.COM. If you make other use of the Site, except as otherwise provided above,
you may violate copyright and other laws of the United States and other countries,
as well as applicable state laws, and may be subject to penalties. Except as otherwise
provided above,
SA.COM
does not grant any license or other authorization to any user of its trademarks,
registered trademarks, service marks, other copyrightable material, or other intellectual
property by placing them on this Site or in any document generated from our Services.
Suggestions or feedback provided by you to
SA.COM
("Feedback"), regardless of the media by which it is received, shall be the exclusive
property of
SA.COM, and you hereby irrevocably waive all your rights to all Feedback and
assign all such rights to
SA.COM.
8. Member Account; Password and Security
-
SA.COM
may supply you with a password and account designation upon completing the registration
process for use of the Services. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that occur
under your password and account. You agree to immediately notify
SA.COM
of any unauthorized use of your password or account, or any other breach of security
of which you are aware, and to ensure that you properly log out of your account
at the end of each session.
SA.COM
assumes no liability for any loss or damage arising from your failure to comply
with this section.
- You acknowledge and agree that you may obtain access to documents containing your
personal and/or financial information by using your password to access your account
and that you may download and save such documents or elect to receive such documents
in paper form. You are entirely responsible for all documents that you download
or otherwise obtain via your account. In addition,
SA.COM
is not responsible for the theft of, loss of, or any fraudulent activity related
to any documents, including documents containing your personal or financial information
that are sent to you via the United States Postal Service or a private package delivery
service at your request.
- If you are under eighteen (18) years of age, you may use the Site only with the
involvement of a parent or legal guardian, and such parent or legal guardian must
agree to the terms of this Agreement on your behalf.
SA.COM
reserves the right to refuse service, terminate accounts, remove or edit Content,
or cancel orders, in its sole discretion, pursuant to these Terms of Use, and in
such case, no refund will be provided.
9. Use of Interactive Components of the Site
The Site may contain functionality that enables live support and instant messaging
for users to obtain support from an
SA.COM
representative (collectively, "Site Forums"). Although we will make every effort
to keep any Site Forums up and running, they may be unavailable at times. We do
not warrant or ensure the continuous availability of any Site Forums.
10. User Content
Other than personal and financial information that you provide in connection with
the registration for and use of our Services, which shall be treated in accordance
with this Agreement and the Privacy Policy, you grant to
SA.COM
an unrestricted, irrevocable, and non-exclusive right to use, reproduce, modify,
distribute, publicly display, publicly perform, and transmit all non-personal information,
provided that use of such non-personal information shall be in a manner that does
not personally identify you, as well as all content and material uploaded, posted,
or otherwise provided by you through use of the Site, including, but not limited
to, comments, ideas for new products or services, and feedback and suggestions regarding
the Site ("User Content"). You are responsible for the content of the User Content.
SA.COM
does not have any responsibility for User Content, including the content of any
messages or information posted or provided by you or users of the Services, or for
the content of information accessible via direct or indirect hyperlinks from the
Site. However,
SA.COM
retains the right, which it may or may not exercise, in its sole discretion, to
review, edit, or delete User Content which
SA.COM
deems to be illegal, offensive, in violation of these terms and conditions, or otherwise
inappropriate. No compensation, unless explicitly noted, will be paid with respect
to the use of any User Content that you upload, post, transmit, or otherwise make
available through this Site.
11. User Conduct
As a condition of your use of the Services, you agree (a) to abide by all applicable
local, state, national, and international laws and regulations in your use of the
Services; (b) not to impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; (c) not to use the Services
for any purpose that is unlawful or contrary to this Agreement; (d) not to use the
Services, or any portion thereof, in any manner that could damage, disable, overburden,
or impair the Services or interfere with any other party's use and employment of
the Services; (e) not to attempt to gain unauthorized access to any databases, information,
computer systems, or network associated with
SA.COM; (f) not to obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Services;
and (g) not to post, upload, provide access to, or transmit material that (i) is
libelous, defamatory, obscene, child pornography, fraudulent, harmful, threatening,
abusive, or hateful, or that violates the property rights of others (including,
without limitation, infringing use of a copyright or trademark right); (ii) violates
the privacy or publicity right of others; or (iii) is in violation of any applicable
laws.
SA.COM
has no obligation to monitor the Services. However, you acknowledge and agree that
SA.COM
has the right to monitor the Services from time to time and to disclose any information
as necessary or appropriate to satisfy any law, regulation, or other governmental
request, to operate the Services properly, or to protect itself or its clients.
SA.COM
reserves the right to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in
violation of these Terms of Use.
12. Failure to Comply with Terms of Use
You acknowledge and agree that
SA.COM
may deny you access to all or part of the Services without prior notice if you engage
in any conduct or activities that
SA.COM, in its sole discretion, believes violate any of the terms and conditions,
violate the rights of
SA.COM, or are otherwise inappropriate for continued access.
You acknowledge and agree that
SA.COM
may, in its sole discretion, deny you access through the Site to any materials stored
on the Internet, or to access third-party services, merchandise, or information
on the Internet, and
SA.COM
shall have no responsibility to notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences resulting from lack
of notification.
13. Third-Party Sites
SA.COM
may provide links to other sites or resources. You acknowledge and agree that
SA.COM
is not responsible for the accuracy or availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You agree
that
SA.COM
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, products, or services available on such external sites or resources.
14. Disclaimer of Warranties
By using the Services, including any applets, software, and Content contained on
the Site, you agree that use of the Services is entirely at your own risk. In no
event shall
SA.COM
be responsible for the correctness of the Services, and no statement made by a representative
of
SA.COM
or through the Services or elsewhere—expressed or implied—shall be deemed such as
a guarantee, warranty, or representation of liability. THE SERVICES ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES. SPECIFICALLY,
SA.COM
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (a) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE INFORMATION
OR SERVICES; AND (b) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.
SA.COM
MAKES NO WARRANTY THAT IT HAS OBTAINED A LICENSE TO USE ANY CONTENT PROVIDED BY
A THIRD PARTY OR THAT IT HAS THE RIGHT TO PROVIDE SUCH CONTENT TO YOU.
SA.COM
MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SA.COM
MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED
THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY INFORMATION
OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH INFORMATION OR DOCUMENTS.
15. Limitation of Liability
NEITHER
SA.COM
NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE
PROPERTY, EVEN IF
SA.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SA.COM'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED
TO THE AMOUNT OF FEES COLLECTED BY
SA.COM
FROM YOU IN ACCORDANCE WITH THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless
SA.COM
and its affiliates and their licensors, agents, officers, employees, contractors,
successors, and assigns from any and all claims, losses, damages, liabilities, costs,
and expenses (including reasonable attorney fees) which arise out of, are connected
with, or directly relate to (a) your use of the Services; (b) any breach of any
obligation, representation, or warranty made by you in this Agreement; or (c) the
preparation and electronic submission of financial information to ascertain financial
assistance.
17. Modification to Terms of Use
Periodically,
SA.COM
may update and/or change the terms, conditions, and notices contained in the Terms
of Use to reflect changes in the Services offered or changes in applicable laws,
or for any other reason it deems necessary or appropriate. If our Terms of Use materially
change, we will post the revised version of the Terms of Use on our Site. If you
are a registered user of our Services, we will try to notify you about material
changes using the most current e-mail address you provided to us, or if no e-mail
address is available, we may contact you by postal mail. You, the user, understand
that
SA.COM
has the right to make these changes and that you are responsible for regularly reviewing
the current Terms of Use as posted on the Site. Your continued use of the Site and/or
Services after any such changes shall constitute your consent to, and agreement
to be bound by, the revised Terms of Use.
18. Modification to Site and/or Services
SA.COM
reserves the right, at its discretion, to change, modify, terminate, or suspend
any of the components of the Site or the Services without liability to you or any
third party, and will notify users through online postings of any material changes,
modifications, or amendments thereto on the Site. We may also impose limits on certain
features of the Site and/or Services or restrict your or any third party's access
to part or all of the Site and/or Services for any reason (including, without limitation,
your breach of these Terms of Use) or no reason, without notice or penalty. You
understand that the Call Center may be unavailable at times, and acknowledge and
agree that
SA.COM
reserves the right to change the published hours of operation of the Call Center
from time to time. You acknowledge and agree that we will not refund any payments
hereunder or be liable in any way to you or any third party in the event that we
exercise our right to modify or terminate access to the Site and/or Services (or
portions of the Site and/or Services). You, the user, understand that
SA.COM
has the right to make these changes. Your continued use of the Site and/or Services
after any such changes shall constitute your consent to, and agreement to be bound
by, any such changes.
19. Notices
Notices by the parties shall be provided in writing. You agree that if you have
provided us with an e-mail address for you, we may provide any written notices to
you in electronic form via an e-mail to you. You are responsible for notifying us
if your e-mail address changes. If you have not provided us with an e-mail address,
we may provide such notices to the postal address you specified. You may submit
notices to us at our e-mail address,
clientsupport@studentaid.com. Notices sent by e-mail shall be deemed given forty-eight
(48) hours after the e-mail is sent, unless the sending party is notified that the
e-mail address is invalid. Alternatively, you may send notices to us by regular
mail, with postage prepaid, to
SA.COM's address provided below.
SA.COM
may also broadcast notices, messages, or other matters of importance on this Site;
such broadcasts shall constitute notice to you.
20. Assignment
You shall not assign or otherwise transfer, delegate, or subcontract any of your
rights or obligations under this Agreement, in whole or in part, without
SA.COM's prior written consent, such consent not to be unreasonably withheld.
Any attempted transfer or delegation by you without
SA.COM's consent will be void. These Terms of Use will bind and inure to the
benefit of each party's successors and permitted assigns.
21. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of
the State of Delaware, without regard to its conflict of law provisions. Any cause
of action with respect to this Agreement and your rights and obligations must be
submitted for arbitration, pursuant to Section 22, within one (1) year after the
cause of action; otherwise, the cause shall be barred, provided that either party
may seek injunctive or equitable relief in any court of competent jurisdiction.
Nothing contained in this Agreement shall be deemed to constitute either party as
the agent or representative of the other party, or both parties as joint venturers
or partners for any purpose.
This Agreement, the Privacy Policy, any operating rules, policies, or procedures
that may be posted from time to time by
SA.COM
on the Site, and any modifications to the foregoing constitute the entire agreement
between you and
SA.COM
and supersede all prior or contemporaneous communications, promises, and proposals,
whether oral, written, or electronic, between you and
SA.COM
with respect to the Services associated with it. In the event of any conflict between
foreign laws, rules, and regulations and those of the United States, the laws, rules,
and regulations of the United States shall govern. The United Nations Convention
on Contracts for the International Sale of Goods will not apply to these Terms.
The failure of
SA.COM
to exercise or enforce any right or provision of the Terms of Use shall not constitute
a waiver of such right or provision. If any provision of the Terms of Use is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms of Use shall remain in full
force and effect. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement, to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form.
Sections 1–4, 7, 14–16, and 19–25 shall survive termination of these Terms of Use.
22. Arbitration
All disputes, controversies, or claims arising out of or relating to these Terms
of Use will be resolved through binding arbitration conducted in Sacramento, California,
in accordance with: (a) the Federal Arbitration Act; (b) the then-current commercial
arbitration rules of the American Arbitration Association (the "AAA"); and (c) these
Terms of Use. The terms set forth in these Terms of Use will control in the event
of any inconsistency between such terms and the AAA rules. The arbitration will
be conducted by a single arbitrator reasonably familiar with the technology and
business covered by these Terms of Use, selected by mutual agreement of the parties.
If the parties fail to select an arbitrator within thirty (30) days following the
date of either party's notice of demand to conduct arbitration, then the AAA will
appoint an arbitrator in accordance with its rules. The award of the arbitrator
will be in writing, setting forth findings of fact and conclusions of law. Judgment
on the arbitrator's award will be final and binding upon the parties and may be
entered in any court having jurisdiction thereof. The arbitrator's fees will be
shared equally by the parties, and each party will bear its own costs and attorneys'
fees. All papers, documents, or evidence, whether written or oral, filed with or
presented in connection with the arbitration proceeding will be deemed by the parties
and by the arbitrator to be confidential information.
23. Void Where Prohibited
SA.COM
administers and operates the Services from its location in the United States. Although
the Services are accessible worldwide, not all features, products, or services discussed,
referenced, provided, or offered through or on the Services are available to all
persons or in all geographic locations, or are appropriate or available for use
outside the United States.
SA.COM
reserves the right, in its sole discretion, to limit the provision and quantity
of any feature, product, or service to any person or geographic area. Any offer
for any feature, product, or service made on or through the Services is void where
prohibited. If you choose to access the Services from outside the United States,
you are solely responsible for complying with all laws applicable thereto. You may
not access, download, use, or export the Site or the Content in violation of U.S.
export laws or regulations, or in violation of any other applicable laws or regulations.
24. Acknowledgement
You acknowledge that (a) you have read and understood this Agreement; and (b) this
Agreement has the same force and effect as a signed agreement.
25. Contact Information
If you have any questions regarding these Terms of Use or the Services, please contact
SA.COM
at
clientsupport@studentaid.com.