Your browser is out of date. Update your browser for more security, speed and the best experience on this site. Download Microsoft Edge | Download Google Chrome
loading

Legal

Accessibility

At American Student Assistance® (ASA), our vision is to help kids discover their education and career opportunities. To help as many people as possible do this, we are committed to ensuring our services are accessible. We have tested the ASA® website against current accessibility and usability best practices, including those developed for compliance with Section 508 of the Rehabilitation Act and Americans with Disabilities Act. We recognize that accessibility and usability evolve with technological advances, and as they change, we will continue working to meet these standards to the maximum extent possible. We welcome any ideas or comments that help us improve the accessibility and usability of our website. If you have any difficulty using this site, please email us at webmaster@asa.org.

Privacy Policy

Last updated: August 9, 2018

American Student Assistance® (“ASA”) has a core mission of setting students on the path to lead happy and successful lives. To that end, we are committed to helping kids know themselves, know their options, and make informed choices to achieve their education and career goals. We do this by providing programs and resources to kids to help them discover, explore, and experience a broad range of post-secondary education options and career paths.

ASA provides compelling, original resources and programming on www.asa.org (“Website”). In addition, we may offer services offline, such as by phone and through print mail. American Student Assistance is the dba name of Massachusetts Higher Education Assistance Corporation, located at 100 Cambridge Street, Suite, Boston, MA 02114.

This Privacy Policy refers to ASA as “we,” “us,” “our,” or other similar pronouns.

This Website is made available so that you will use it. Still, we want you to be aware that by visiting our Website, you agree to the terms of this Privacy Policy as they may be amended or updated from time to time. This Privacy Policy is incorporated into, and part of, the Website Terms of Use , which governs your use of this Website and programming we make available on it.

This Website is intended for use only by users who are citizens of the United States of America and are at least thirteen years of age. Please do not access this website or the programming provided on it if you are not at least thirteen years old. This Privacy Policy shall be interpreted under the laws of the United States.

For Our Student Loan Borrowers

This Privacy Policy sets forth our practices for the collection, use, and disclosure of information about visitors to our Website located at www.asa.org. This Privacy Policy is a separate from ASA’s Privacy Notice under the federal Gramm-Leach Bliley Act, which ASA sends to individuals whose loans it holds.

We may already have information about you if we are the guarantor of one of your student loans. We may also receive information about you from your current or former school, financial institutions with which you have accounts, one or more governmental agencies, and other third parties. In some cases, you have already consented to this when you obtained your federal education loan(s) and signed your loan promissory notes. In any event, you hereby consent to our use of this information in accordance with this Privacy Policy.

What Personal Information Do We Collect From or About You

There are a few types of information we may collect about you:

  • Information you choose to give us.
  • Information we get when you access our programming.
  • Information we get from third parties.

When you access our Website or programming, we may collect personal information from or about you (“Personal Information”), and certain information from your computer or mobile device (“Website Usage Information”). This information may be collected and processed on our behalf by our third-party services providers. We may also collect information about what parts of our Website you access and how long you use them or how you use them. This information may include what is referred to as “log information.” Log information may include details about how you use our Website, access times, pages viewed, IP address, identifiers associated with cookies or other technologies, or the pages you visit before or after you navigate to our Website.

If you access our programming, we may collect information about the devices you use, such as the hardware and software, the hardware model, the operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone, as well as other information about your wireless or mobile network connections including mobile phone number, service provider, and signal strength. We also may collect information about your location, but only with your permission.

Like most online Website and online services, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you access another service or website through our Website. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on our browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability or functionality of our programming.

We may, at any time, enable features of third-parties including, Google Analytics Advertising Features such as Remarketing, Display Network Impression Reporting, Demographics and Interest Reporting, and Integrated services that collect data for advertising purposes, including collection of data via advertising cookies and identifiers. We may enable these companies to use cookies, web beacons, and similar technologies on our Website or within our programming. These companies may combine the information they collect with information from other services and companies. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. You can opt-out of these collection methods here.

How We Use Information We Collect Information About You

User-Provided Information

We collect Personal Information from you, for example, when you complete online forms on our Website, access programming, complete surveys, contribute to a public forum, submit a comment or question to us using a “contact us” or similar feature on our Website, send us an email, or in any other way submit Personal Information to us via our Website. We may also collect Personal Information from you when you interact with one of our counselors or agents by phone.

You may be able to send information about our programming to your friends and family members through our Website by clicking on an “Email to Friend” or similar button on our Website or in an email that we have sent you. In some of these cases (unless you simply forward our email on your own), you will need to provide the name and email address of the recipient to us. Such information will be treated in accordance with this Privacy Policy and applicable law.

Information about you received from other sources

We may already have information about you if we are the guarantor of one or more of your student loans. We may also receive information about you from your current or former school(s), financial institutions with which you have accounts, and one or more government agencies, or we may obtain information about you from other third parties, such as companies that help us supplement our records with up-to-date and complete information. In some cases, you have already consented to this when you obtained your federal education loan(s) and signed your loan promissory notes. In any event, you hereby consent to our use of this information in accordance with this Privacy Policy.

We may also have pages on social networking sites like Facebook, LinkedIn, and Twitter. This Privacy Policy does not apply to those sites, and those sites use your information in accordance with their own privacy policies. However, if we receive your information from these sites or if you post a comment via a plug-in from these sites, we will use it in accordance with this Privacy Policy.

How We Share Information With Others

We do not sell your Personal Information. However, we may share information in the following ways:

  • With other Website or programming users. We may share the following information:
    • information about you, such as your username, name, and image/avatar if you have one.
    • any additional information you have agreed to let us to share.

How widely your information is shared depends the programming you access and any applicable settings. Don’t worry, we will be sure to make it clear if any information may be shared.

  • With our affiliates. We may share information with entities affiliated with ASA.
  • With third parties. We may share your information with service providers or business partners who perform services on our behalf.
  • With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
    • comply with any valid legal process, governmental request, or applicable law, rule, or regulation.
    • investigate, remedy, or enforce potential Terms of Service violations.
    • protect the rights, property, and safety of us, our users, or others.
    • detect and resolve any fraud or security concerns.
  • With third parties as part of change in structure. In the event that ASA, its affiliate, or substantially all of its or its affiliate’s assets related to the Website or programming that we provide are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, dissolution, or liquidation your information may be one of the transferred assets.

We may also share with third parties—such as advertisers—aggregated, non-personally identifiable, or de-identified information.

How Long We Keep Your Information

We store your basic account information—like your name, phone number, and email address—until you ask us to delete them.

We store location information for different lengths of time based on how precise it is and which programming you access. We’re constantly collecting and updating information about how users access our Website and programming so we can provide you with more relevant content and programming. We will delete most of the information we’ve collected about you after you’ve been inactive for a while—but don’t worry, we’ll try to contact you first!

Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.

Users in the European Union

If you’re a user in the European Union, you should know that we are a controller of the personal information you may provide via the Website or our programming. Here is some additional information we would like to bring to your attention:

  • Bases for using your information

Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and we typically rely on those listed below:

  • Legitimate interest. One reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For example, we need to use your information to provide and improve our programming to help you. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
  • Consent. In some cases, we’ll ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent easily through our Website or programming.
  • Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users.
  • Contract. This basically applies only if we are the guarantor of your student loan.
International transfers

We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Whenever we share information of EU users outside the EU we make sure an adequate transfer mechanism is in place.

Children

Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. In addition, we may limit how we collect, use, and store some of the information of any EU users between 13 and 16. In some cases, this means we will be unable to provide certain functionality to these users. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.

Text Messaging Service

We may make available a service through which you can receive messages on your wireless device via short message service, otherwise known as “text messages” (“Text Message Service”). If you subscribe to one of our Text Message Services, you agree to receive text messages from us at the address you provide for such purposes. You understand that your wireless carrier’s standard rates apply to these messages and that you may opt-out at any time by notifying us at our Contact Information set forth below. Your opt-out will become effective upon your receipt of a text message from us confirming your opt-out. You represent that you are the owner or authorized user of the wireless device you use to sign up for the Text Message Service and that you are authorized to approve the applicable charges. To use the Text Message Service, you must be 18 years of age or older and reside in the United States.

Your Access and Correction Rights

You may review, update, modify, or request the deletion of (where applicable) the Personal Information that you have submitted to us by contacting us at our Contact Information set forth below. Before we are able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

Your right to object

You may have the right to object to our use of your information. With many types of data, we’ve provided you with the ability to simply delete it if you don’t want us processing it anymore. For other types of data, we’ve given you the ability to stop the use of your data by disabling the feature through your browser, and of course, you can always contact us if you have any concerns.

Survival

We shall continue to have the rights set forth in this Privacy Policy to use and disclose your Personal Information and Website Usage Information unless and until you contact us using the contact information set forth below and notify us that you would like to opt out of our further use of your Personal Information. If you do so, we will still have the continuing right to maintain, use and disclose non-personally identifying information about you as well as any information that we maintain about you as a present or former guarantor of a student loan.

Consent to Processing

By providing information on this Website or through accessing our programming, you consent to the collection, maintenance, access, storage, processing, and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States, which may provide lesser privacy protections than the laws of other countries.

Third-Party Content Integrations

Our services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our Website or Programming.

Changes to this Privacy Policy

Our services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our Website or Programming.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at: webmaster@asa.org.

Terms of Use

Welcome to American Student Assistance® (ASA). ASA has a core mission of setting students on the path to lead happy and successful lives. To that end, we are committed to helping kids know themselves, know their options, and make informed choices to achieve their education and career goals. We do this by providing programs and resources to kids to help them discover, explore, and experience a broad range of post-secondary education options and career paths.

ASA provides compelling, original resources and programming on www.asa.org (“Website”). In addition, we may offer services offline, such as by phone and through print mail. American Student Assistance is the dba name of Massachusetts Higher Education Assistance Corporation, located at 100 Cambridge Street, Suite, Boston, MA 02114

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.

Our services are not intended for—and we don’t direct them to—anyone under 13. You represent that you are legally able to accept these Terms of Use, and affirm that you at least 13 years old. 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.

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:
Christopher Sheehan
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, ASA logo, 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.