Salt Vision Blog  |  CONTACT US

Terms of Use

 

Welcome to American Student Assistance® (ASA). ASA® provides students, former students, schools, and other individuals and entities with information about the company and its financial education and education debt management services (referred to in this Terms of Use as our “Service”). If you provide your contact information to ASA whether on our website located at www.asa.org (our “Website”) or through other methods of communicating with ASA or through a loan application, then ASA may communicate with you through email and other types of electronic communication, and through offline methods of communication, such as by phone and through print mail. This Terms of Use sets forth the terms and conditions for our Service and our Website. ASA® is the dba name of Massachusetts Higher Education Assistance Corporation. Our offices are located at 100 Cambridge Street, Suite 1600, Boston, MA 02114.   

This Terms of Use does not govern access and use of our SALT-related website located at www.saltmoney.org.

This Terms of Use sometimes refers to ASA as “we”, “us”, “our”, or other similar pronouns.

Please read these Terms of Use carefully before using our Service or our Website.  By accessing, using, or browsing 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.

 

1.         Rules of Conduct

You may access and use content and features on our Website just by visiting it and browsing around. However, 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 Website 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 and Services available on the Website.
  • Do not use automated means to access the Website, or gain unauthorized access to the Website or computer system connected to the Website.
  • Do not obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you. 
  • Do not “flood” the Website with requests or otherwise overburden, disrupt or harm the Website or its systems.
  • Do not circumvent or reverse engineer the Website or its systems.
  • Do not restrict or inhibit another user or users from using and enjoying this Website.
  • If you post something to this Website, including in communities or blog comments sections, 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 Website, 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. 

 

2.         Ownership of Website 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 Website 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.

 

3.         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 and you may find material posted by other to be objectionable.  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 to edit or delete any material posted to our Website. 

 

4.         Electronic Communications

The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website 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.

 

5.         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

 

6.         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.

 

7.         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 Website 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, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination. 

 

8.         Linking Policies

This Website 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 Website so long as: (i) this Website 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 Website does not state or imply any sponsorship of your website or service by us or by this Website; and (iii) this Website 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 Website, including but not limited to any logos, without our express written consent.  We reserve the right to revoke your right to link to this Website upon notice.  If you receive such a notice from us, you agree to discontinue your link to the Website.

 

9.         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 Website from your IP address.  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.

 

10.       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 Website are appropriate or available for use in other locations.  If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

11.       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 Commonwealth 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. 

 

12.       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 WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SERVICE OR WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS,
  • THE INFORMATION OR CALCULATIONS ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • THAT THE WEBSITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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.

ANY COMMUNICATIONS SENT TO YOU VIA THIS WEBSITE OR OTHERWISE FROM US (INCLUDING WITHOUT LIMITATION IN THE FORM OF NEWSLETTERS, ELECTRONIC MAIL OR VIA TELEPHONE), AND THE CONTENT OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY LEGAL, FINANCIAL AND TAC INFORMATION) ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, INVESTMENT, OR TAX ADVICE AND SHOULD NOT BE RELIED UPON IN THAT REGARD. YOUR LEGAL, FINANCIAL AND TAX SITUATION MAY BE UNIQUE AND THEREFORE YOU SHOULD INDEPENDENTLY CONSULT AN ATTORNEY OR TAX ADVISOR.

 

13.       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 WEBSITE’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.

 

14.       Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ASA SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ACTION.  IF YOU DO NOT WISH TO BE BOUND BY THE CLASS ACTION WAIVER IN THIS SECTION 16, YOU MUST NOTIFY ASA IN WRITING WITHIN 30 DAYS OF ACCEPTING THIS TERMS OF USE.  YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 100 CAMBRIDGE STREET, SUITE 1600, BOSTON, MA, 02114, ATTN: CORPORATE COUNSEL DEPARTMENT AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO WAIVE YOUR RIGHT TO CONDUCT ANY DISPUTE RESOLUTION PROCEEDING IN A CLASS ACTION.

 

15.       Third Party Site Content

This Website may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.

 

16.       Copyrights, Trademarks and Other Proprietary Rights

This Website, and materials on the Website, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the “Materials”) are the property of ASA and our licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by us and by copyright law, trademark law, international conventions and other intellectual property laws. ASA, American Student Assistance, Think About Tomorrow, ASA logo, SALT, SALT logo, and Face The Red are trademarks of ASA.  All other logos or product names are trademarks or registered trademarks of their respective owners.  You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Website without our prior written permission. Any copying, modification, and/or use of the Materials, or any portion thereof, except as otherwise expressly permitted by these Terms of Use, is not authorized and constitutes an infringement of our copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from ASA.

To request permission to reprint or embed any Materials from this Website, please send the request along with your name and affiliation to copyrightagent@asa.org.

 

17.       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.