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American Student Assistance

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Terms of Use

Last updated: 06/27/2011

Welcome to ASA’s financial education and education debt management service (referred to in this Terms of Use as our “Service”). Our Service provides students and former students with educational materials about how to manage student debt. Some of our Service is provided to you on our website located at http://www.asa.org (our “Website”), and some is provided to you offline, such as by phone. This Terms of Use sets forth the terms and conditions for our Service and our Website.

Please read these Terms of Use carefully before using our Service or our Website. By using our Service or our Website, you agree to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that apply to specific areas of our Service or Website. We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. By continuing to use our Service or Website after we post any such changes, you accept the Terms of Use as modified.

You represent that you are legally able to accept these Terms of Use, and affirm that you are either of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use our Service or Website.

Our Website and Service is owned and operated by Massachusetts Higher Education Assistance Corporation dba American Student Assistance, located at 100 Cambridge Street, Suite 1600, Boston, MA 02114 (“ASA”).

  1. User Types

    You may access and use some of the content and features on our Website just by visiting it and browsing around, without registering or becoming a member.

    However, to access some of the enhanced content and features available through our Service and Website, you are required to create an account on our Website with a username and password. If you register, you are referred to as a “Registered User. ”

    In addition, further enhanced services are available to you if you have a paid membership. If you have a paid membership, you are referred to as a “Member. ”

    You may pay your own membership fees, or someone else may pay them for you, such as your school or parent. If someone else is paying for your membership, we refer to them in this Terms of Use as your “Sponsor. ” If your Sponsor is your school (for former school) they are your “School Sponsor. ” If your Sponsor is your parent, legal guardian or other individual, they are your “Individual Sponsor. ” If you are a School Sponsor, our relationship with you is governed by a separate agreement that we have with you (not this Terms of Use).

  2. Your Account

    You are required to create an account in order to take advantage of some of the offers of our Service and Website. You agree to provide true, accurate, current and complete information about yourself as prompted by our account creation forms, and you are responsible for keeping your account information up-to-date (this includes your contact information, so that we can reliably contact you). Your registration, profile and account information must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

    You are responsible for all activity occurring when our Service or Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. If you think your password or account has been used by an unauthorized person, let us know by emailing us at information@asa.org, and change your password immediately. We are not liable for any loss or damage arising from your failure to protect your password or account information.

    Our Website is not intended as an archive for your financial information. It is your responsibility to keep your own copies of your information that you provide to our Website.

  3. Rules of Conduct

    There are a few rules of conduct that you are required to follow when you use our Service and Website:

    • Do not “harvest” (or collect) information from the site using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the site and information about the data, offerings, products, services and promotions available on the site.
    • Do not use automated means to access the site, or gain unauthorized access to the site or to any account or computer system connected to the site.
    • Do not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you.
    • Do not “flood” the site with requests or otherwise overburden, disrupt or harm the site or its systems.
    • Do not circumvent or reverse engineer the site or its systems.
    • Do not restrict or inhibit another user or users from using and enjoying this site.
    • If you post something to this site, such as comments or other content, do not post anything that:
      • infringes any third party intellectual property right (such as copyrights),
      • is defamatory (i.e. , something that is negative and untrue about another person or entity),
      • divulges another person's or entity's confidential or private information or trade secret,
      • is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
      • encourages criminal conduct,
      • advertises or solicits business for products or services other than those that are offered and promoted on this site, or
      • contains any virus, malware, spyware or other harmful content or code.

    You also must comply with all applicable laws and contractual obligations when you use our Service or Website.

  4. Ownership of Site Content and Submissions

    We or our licensors or partners own the intellectual property rights in the content and materials displayed on our Website. You may use our Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes.

    If you submit or post any materials or content to our Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sublicensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights.

    Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

  5. Responsibility for Public Postings

    Responsibility for what is posted in public areas of our Website lies with each user—you alone are responsible for the material you post or otherwise make available in public areas of our Website. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so.

  6. Electronic Communications

    The communications between you and us via this Website use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

  7. Copyright Infringement Notices

    We respect the intellectual property rights of others, and require that the people who use our Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Copyright Agent:

    Greg Pakhladzhyan
    100 Cambridge Street, Suite 1600 Boston, MA 02114
    Voice: 800.999.9080
    Fax: 617.728.4670
    Email:copyrightagent@asa.org

  8. Changes to Our Service and Website

    We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), our Service or Website or any portion thereof. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

  9. Suspension or Termination of Access

    We have the right to suspend or terminate your access to our Service or Website, or portions of it, and to remove and discard any content or materials you have submitted to us, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Service or Website site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

  10. Linking Policies

    This site may contain links to other websites. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

    We welcome links to this site so long as: (i) this site opens in a new browser window which displays the full version of a page of this site (e.g. , not merely one of its frames, and not an “in-line” link to a particular image or object on this site), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this site; and (iii) this site is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this site upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.

  11. Indemnification

    You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of our Service or Website, your submissions to our Website, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of our Service and Website.

  12. Jurisdictional Issues

    We control and operate our Service and Website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on our Website are presented solely for consumption in the United States, its territories, possessions, and protectorates. We do not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

  13. Applicable Law; No Waiver; Severability

    These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Massachusetts, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

  14. Disclaimer of Warranties

    WE PROVIDE OUR SERVICE AND WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

    • THE SERVICE OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
    • THE SERVICE OR SITE WILL MEET ANY PARTICULAR REQUIREMENTS,
    • THE INFORMATION OR CALCULATIONS ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
    • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
    • THAT INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL BE RETREIVABLE, OR
    • THAT THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY THIRD PARTY PROMOTIONS MADE AVAILABLE VIA OUR SERVICE OR WEBSITE.

    YOU AGREE THAT USE OF OUR SERVICE AND WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION AND ADVICE PROVIDED THROUGH OUR SERVICE AND POSTED ON OUR WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION OR ADVICE AVAILABLE THROUGH OUR SERVICE OR ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED THROUGH OUR SERVICE OR ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR LOST DATA, OR FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

  15. 14. Limitations of Liability

    IF YOU ARE DISSATISFIED WITH OUR SERVICE OR WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS WEBSITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND WEBSITE.

    IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICE OR WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF US AND OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, FOR DIRECT DAMAGES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICE OR THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO ASA FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

  16. Other

    These Terms of Use, together with our Privacy Policy and any additional terms and conditions that apply to specific areas of this Website, constitute the entire agreement between us and you with respect to our Service and Website. This agreement is personal to you and you may not assign it to anyone.

    If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF OUR SERVICE OR THIS WEBSITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.