SERVICES AGREEMENT

Thank You for selecting Our Services.  Please take a moment and review the terms of this agreement (“Agreement”) thoroughly before using the Services.  You may use the Services without charge up to the point You decide to print or electronically file application documents to make changes to your federal student loans. Printing or electronically filing your application reflects Your satisfaction with Services, at which time You shall be required to pay for the Services.

THIS AGREEMENT IS BETWEEN TRUSTRIGHT STUDENT LOAN SERVICES (“WE”, “US”, AND “OUR”), AND YOU (“YOU”).  IN ORDER TO USE THE SERVICES, YOU MUST BE AT LEAST 18 YEARS OLD, A UNITED STATES RESIDENT AND LEGALLY CAPABLE TO ENTER INTO CONTRACTS.  YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. WE ARE WILLING TO ALLOW YOU TO USE THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. BY CLICKING “I AGREE,” INDICATING ACCEPTANCE ELECTRONICALLY, OR BY, ACCESSING OR USING THE SERVICES, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICES.

  1. Some Definitions for Terms Used in this Agreement.
    • “Confidential Information” shall mean any information that is furnished or disclosed by one party to the other, regardless of the means or location of disclosure, including, but not limited to, business plans, operations, personally identifiable information, any materials or information marked confidential, restricted or proprietary by a party, and all intellectual property of every kind and nature.
    • “Data” shall mean data used with or contained in the Services.
    • “Effective Date” shall mean the date of last execution of this Agreement.
    • “Prohibited Data” shall mean any of Your Data that is: (i) illegal, libelous, defamatory, or obscene; (ii) violates any third party’s right of privacy or publicity; (iii) violates, infringes, or misappropriates the intellectual property or other rights of any third party; or (iv) otherwise violates any term of this Agreement.
    • “Secret Information” shall mean collectively Confidential Information and Trade Secrets.
    • “Services” shall mean the services provided to You pursuant to this Agreement.
    • “Trade Secrets” shall mean any information that may be designated a trade secret pursuant to Florida law.
    • “Warranty Period” shall have the meaning set forth in Section Error! Reference source not found..
  2. How You May Use the Services.
    • You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any of Your student loan information or Your Data.
    • You may not use the Services until You read this Agreement. By using the Services, You indicate Your unconditional acceptance of this Agreement. If You do not accept this Agreement, You must terminate Your use of the Services.
    • Subject to the terms and conditions of this Agreement, and payment of the appropriate fees (if applicable), We hereby grant to You a subscription and the right to use the Services solely for Your personal use. You shall comply with all applicable laws.
    • You shall access and use the Services through the Internet by visiting Our website. You hereby acknowledge and agree that the Services are subject to interruption when telecommunication and Internet service is subject to transmission limitation and interruptions.
    • You hereby agree that You, and not Us, are the preparer of any document filed using the Services, and prior to filing your documents you shall have sole responsibility and liability for reviewing all your documents for accuracy and completeness and for otherwise verifying any results derived from using the Services.
    • You shall not use the Services to prepare student loan consolidation applications on a professional basis (i.e., for a preparers or other fee for student loan consolidation application preparation services). Notwithstanding anything in this Agreement, We have no responsibility or liability for damages or claims relating to Your use of the Services on a professional basis.
    • By using the Services, You hereby expressly authorize Us to access Your student loan(s) maintained by identified third parties, on Your behalf as Your agent, and You expressly authorize such third parties to disclose Your information to Us. You hereby explicitly grant Us the right to: (i) access and download Your student loan data from the appropriate websites and online services including, but not limited to, the U.S. Department of Education; and (ii) access and use Your FSA ID account solely for the purpose of providing the Services, or create a FSA ID for You if You do not have one.  You hereby represent and warrant that You are entitled to grant Us such rights for these purposes, without any obligation by Us to pay any fees or be subject to any restrictions or limitations.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING STUDENT LOAN INFORMATION FROM THIRD PARTIES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You hereby understand and agree that: (a) the Services are not sponsored or endorsed by any third parties accessible through the Services, and (b) We are not responsible for any errors or fees or other Services-related issues, including those issues that may arise from inaccurate student loan information.
    • You hereby acknowledge and agree that the Service will generate forms and documents for You to print, sign and mail to the appropriate recipients; and (ii) You are solely responsible for conducting such activities. You are also solely responsible for verifying the status of Your applications and filings to confirm that they have been received and accepted by the applicable entity.
    • Your rights under this Agreement are contingent upon Your performance of Your obligations pursuant to this Agreement. No right is granted or conveyed by Us to You except when and if such obligations are performed.
    • You hereby grant Us the right to access and use any information or Data that You provide while accessing or using the Services, for the purposes of: (i) providing the Services to You, (ii) ensuring proper access and use of the Services by You in accordance with this Agreement, and (iii) to maintain and troubleshoot the Services.
    • We reserve the right to discontinue the operational functionality of all, or any part(s) of, the Services without notice to You.
    • We shall use commercially reasonable efforts to cause the Services to be accessible to You twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Us including, but not limited to, any force majeure event.
    • You are the only person authorized to use Your account, user identification, and password, and You shall not permit or allow other persons to have access to or use Your account, identification, and password. You are solely responsible for the use of the Services under Your account or user identification number, and for maintaining the confidentiality of Your account, user identification, and password.
  3. Limitations on Your Use of the Services.
    • Your permitted use of the Services specifically excludes using the Services for any business use or engaging in any application hosting, service bureau or other non-personal use, as well as the right to allow third parties to use the Services whether by lease, rental, transfer, assignment, sale, sublicense, or any other means.
    • You shall not:
      • Copy any features, functions or graphics of the Services;
      • Sell, resell, rent, or lease the Services to any third party;
      • Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
      • Use the Services to store or transmit viruses, worms, time bombs, trojan horses, and other harmful or malicious code, files, scripts, agents or programs;
      • Interfere with or disrupt the integrity or performance of the Services or third-party Data;
      • Attempt to gain unauthorized access to the Services or related systems or networks;
      • Use the Services if You are a direct competitor of Ours;
      • Use the Services for purposes of monitoring the Services’ availability, performance, or functionality;
      • Use the Services for any other benchmarking or competitive purposes;
      • Copy, frame, or mirror any part or content of the Services; or
      • Reverse engineer the Services;
  1. Terms Surrounding Your Data.
    • You are solely responsible for the accuracy and adequacy of the Data that You furnish or transmit to Us. We shall take commercially reasonable precautions to prevent the loss, alteration or improper access to Your Data, but We do not guarantee the accuracy or security of Your Data.
    • Although We have taken significant measures to ensure the security of information submitted by You when using the Services, We cannot guarantee the security of information collected during Your use of the Services and are not liable in any way for any compromise of Your Data. Except to the extent required by applicable law, We have no obligation to (but may in Our ordinary course of business) store or maintain any information You provide to Us, and You hereby agree to print or save a copy of your documents for Your records.
    • You shall provide information and other materials related to Your Data as reasonably requested by Us to verify Your compliance with this Agreement. We may monitor the Services to verify Your compliance with this Agreement.  You shall not seek to block or otherwise interfere with such monitoring, and We may use technical means to overcome any methods used in Your Data to block or interfere with such monitoring activities.  If We have identified problems that We believe may be attributable to Your Data, We shall notify You, and the parties shall cooperate with each other to identify the source of the problems.
    • You shall ensure that all of Your Data does not contain any Prohibited Data. If We believe that any Your Data is Prohibited Data, then We shall notify You of the Prohibited Data and may request that such content be removed from the Services or disable access to the Prohibited Data.  If You do not remove or disable access to the Prohibited Data within one business day of Our notice, We may remove or disable access to Your Data or suspend the Services to the extent We are not able to remove or disable access to the Your Data.  Notwithstanding anything to the contrary set forth in this Agreement, We may remove or disable access to any Prohibited Data without prior notice pursuant to the Digital Millennium Copyright Act or as required to comply with any judicial, regulatory, or other governmental order.  If We remove content without prior notice, We shall provide prompt notice to You unless prohibited by law.
    • You hereby grant to Us a non-exclusive, non-transferable, irrevocable, perpetual, royalty-free, paid-up license to use, copy, reproduce, and display Your Data: (i) to allow Us to fulfill Our obligations pursuant to this Agreement; (ii) in aggregated and anonomized form for purposes, including, but not limited to, analysis and extrapolation of information and the demographic trends for marketing and geo-targeting purposes; and (iii) to share with third party service providers (subject to the terms of Our Privacy Policy) approved by Us who provide products and services that might be of interest to You.
    • Your use of any of any third-party service provider’s products and services may be subject to: (i) additional terms and conditions, (ii) separate fees payable by you to such third parties, and (iii) your compliance with their privacy policy. We do not endorse, warrant or guarantee the products or services available from any third-party service provider.  We are not an agent or broker or otherwise responsible for the activities or policies of any third-party service provider. We do not guarantee that the information displayed through the Services relating to any third-party service provider’s products or services are actually the terms that may be offered to You are the best terms, are lowest rates available in the market, or otherwise suitable for You.  You are solely responsible for conducting Your own due diligence of any third-party service provider products or services, and We disclaim any express or implied obligation to do so.
    • Subject to the confidentiality obligations set forth in this Agreement, We may keep Your Data after termination of this Agreement for a reasonable time (and shall delete Your Data thereafter) unless You send Us a written request for Us to destroy Your Data (in which case We may keep a copy of Your Data for archival and compliance purposes and as otherwise required by applicable law). We may also keep and use aggregated and anonymized data collected by Us relating to Your use of the Services.
  2. Ownership Rights.
    • You hereby acknowledge and agree that the Services are commercially valuable to Us and that the Services are treated as confidential and contains substantial Trade Secrets. Apart from the rights enumerated in Section 2, Your use of the Services does not include a grant to You of any ownership right, title, or interest in the Services.  Other that set forth in this Agreement, the Services, and all copyright, patent, Trade Secret and other intellectual or proprietary rights therein shall remain Our exclusive property. You shall not sell, assign, transfer, disclose, duplicate, translate, decompile, reverse engineer, create derivative works from, or attempt to recreate the Services, in whole or in part, by reference to the original, whether by “clean room” or similar process.
    • You shall exclusively own all right, title, and interest to all of Your Data.
    • You hereby agree that We may use your feedback, suggestions, or ideas provided by You to Us relating to the Services in any way including, but not limited to, in future modifications of the Services, other products or services, and advertising or marketing materials. You hereby grant Us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback, suggestions, or ideas You provide to Us in any way.
  3. Term of this Agreement and Termination of this Agreement.
    • The term of this Agreement shall commence on the Effective Date and shall continue until this Agreement is terminated as provided in this Agreement. Upon any termination of this Agreement You shall immediately pay Us any fees accrued prior to the termination date.  Any termination of this Agreement shall not affect Our rights to any payments due to Us.
    • You may terminate this Agreement through the Services by accessing the “account” section and following the instructions set forth in the account section to terminate your account and this Agreement.
    • We may terminate this Agreement at any time, with or without cause, upon providing at least thirty (30) days prior written notice of termination to You.
    • We may, in Our sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other services, effective immediately, in whole or in part, if We determine that Your use of the Services violates this Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with Our applicable policies, if You no longer agree to receive electronic communications, or if Your use of the Services conflicts with Our interests or those of another user of the Services. Upon Our notice to You that Your use of the Services has been terminated You shall immediately stop using the Services.
    • Termination of this Agreement refers to the termination of the parties’ respective commitments and obligations from and after the date of termination, but does not relieve the parties of their payment and other obligations incurred before the date of termination.
    • The termination of this Agreement for any reason shall automatically, and without further action by Us, terminate and extinguish Your right to use the Services.
  4. Price, Payment, and Refunds.
    • All pricing for the Services purchased by You are set forth in the Services, and You shall pay all fees through the Services.
    • SERVICE FEES ARE PAID TO US AND DO NOT GO TOWARDS YOUR LOAN PAYMENTS. WE SHALL NOT MAKE ANY LOAN PAYMENTS ON YOUR BEHALF.
    • Payment shall be made in U. S. Dollars. All charges to You are calculated exclusive of any applicable federal, state, or local use, excise, value-added, gross receipts, sales, and privilege taxes, duties, universal service assessments, or similar liabilities associated with the Services.  Such charges shall be paid by You in addition to all other charges provided for in this Agreement.
    • Our refund policy is set forth in the Services. You may be eligible for a full or partial refund, in Our sole but reasonable discretion, depending on the acceptance or rejection of Your filings with the appropriate entities, as further described in the Services.
    • Each party shall, at its expense, indemnify, defend and hold harmless the other party, and the other party’s affiliates, owners, shareholders, officers, directors, employees, managers, contractors, agents, successors, and assigns, from and against any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, arising from, in connection with, or based on any allegations arising pursuant to this Agreement of infringement or misappropriation of any United States intellectual property rights of any third party, except to the extent that any such allegations arise from, in the case of You:
      • Modification of the Services, or any component thereof, by You that is not recommended or otherwise approved by Us; or
      • Use of the Services by You in combination with deliverables furnished by third parties that are not recommended or otherwise approved by Us, to the extent that any such claim or allegation is directed to such combination.
    • In the event of an infringement or misappropriation claim is asserted against Us pursuant to Section 1, or if We reasonably believe that a claim is likely to be made, We, at Our option and in lieu of any indemnification, may:
      • Modify the applicable Services provided in this Agreement so that such Services become non-infringing but functionally equivalent;
      • Replace the applicable Services with material that is non-infringing but functionally equivalent;
      • Obtain for You the right to use, as applicable, the Services upon commercially reasonable terms; or
      • Remove the infringing Services and refund to You the fees received.
    • The indemnitee shall promptly notify the indemnitor pursuant to this Section in writing of any claim for indemnification. The indemnitor shall have sole control of the defense and all related settlement negotiations with respect to the claim.  The indemnitee shall have the right, but not the obligation, to participate in the defense of any such claim or action through counsel of the indemnitee’s own choosing at the indemnitee’s own expense; provided, however, that if the indemnitor fails to promptly assume the defense of a claim, the indemnitee may assume the defense at the indemnitor’s cost and expense.  The indemnitee shall cooperate fully and execute all documents necessary for the defense of such claim.  The indemnitee shall have the right to approve settlement of any claim, such approval not to be unreasonably withheld or delayed, provided that the indemnitee shall not be required to approve any settlement that involves an admission of liability or wrongful conduct on the part of the indemnitee or restricts its ability to conduct its business in any material respect.  In the event the parties agree to settle a claim, neither party shall publicize the settlement.
    • Each party acknowledges that after execution of this Agreement, they may be furnished with, receive, or otherwise have access to Secret Information of the other party.
    • Confidential Information shall not include information which: (i) is or becomes known publicly through no fault of the receiving party; (ii) is learned by the receiving party from a third party entitled to disclose it; (iii) s already known to the receiving party before receipt from the disclosing party; (iv) is independently developed by the receiving party; or (v) must be disclosed by operation of law.
    • The receiving party shall promptly notify the disclosing party of any such request for disclosure in order to allow the disclosing party full opportunity to seek the appropriate protective orders.
    • Each party shall take reasonable steps necessary to protect the confidentiality of the Secret Information it receives from the other party. A receiving party shall use the disclosing party’s Secret Information only for the purposes of this Agreement.  A receiving party shall reveal the disclosing party’s Secret Information only to designated persons.  Notwithstanding anything to the contrary set forth in this Agreement, a receiving party may disclose Secret Information if required by order of any court of competent jurisdiction or by order of any governmental agency, provided that the receiving party, if permitted by law, first notify the disclosing party of such requirement and permit the disclosing party to contest such requirement before any disclosure, interpose an objection to such disclosure, take action to assure confidential handling of the Secret Information, or take such other action as the disclosing party deems appropriate to protect the Secret Information.
    • Subject to the terms of this Agreement, each party agrees that it shall not disclose the other party’s Secret Information for a period of three (3) years, and that it shall not disclose the other party’s Trade Secrets for so long as they remain Trade Secrets. In no event shall a receiving party use Secret Information for the receiving party’s own benefit or any third party’s benefit, either directly or indirectly, unless authorized to do so by the disclosing party.
    • Upon termination of this Agreement, a receiving party shall, if requested by the disclosing party, either return or, if authorized by the disclosing party, destroy, all media or materials (including all copies of such media or materials) containing Secret Information of the disclosing party in the care, custody or control of the receiving party.
    • The parties agree that, in the event of any breach of any confidentiality provision of this Agreement by a receiving party, the disclosing party shall not have an adequate remedy in money or damages. The parties therefore agree that, in the event of an anticipated or actual breach by a receiving party, the disclosing party shall be entitled to obtain injunctive relief against such anticipated or actual breach in any court of competent jurisdiction, without the necessity of posting a bond even if otherwise normally required.  Such injunctive relief shall in no way limit the disclosing party’s right to obtain other remedies available under applicable law.  No failure or delay by the disclosing party in enforcing any right, power, or privilege created in this Agreement shall operate as an implied waiver thereof, nor shall any single or partial enforcement thereof preclude any other or further enforcement thereof or the enforcement of any other right, power, or privilege.
    • WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES SHALL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
    • EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT.
    • THE SERVICES ARE NOT WARRANTED TO PERFORM WITHOUT INTERRUPTION OR PROVIDE COMPLETE SECURITY. WE DO NOT WARRANT THAT THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES, AND OTHER HARMFUL OR MALICIOUS CODE, FILES, SCRIPTS, AGENTS, OR PROGRAMS.
    • YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES, AND OTHER HARMFUL OR MALICIOUS CODE, FILES, SCRIPTS, AGENTS, OR PROGRAMS.
    • WE DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE RESULTS, DATA, OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING OR USING THE SERVICES OR OTHERWISE RESULTING FROM THIS AGREEMENT.
    • USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND, EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR YOUR USE. YOU ARE SOLELY RESPONSIBLE FOR ASSESSING YOUR OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED.
    • Any warranties given or made by Us with respect to the Services are for the benefit of You only and are not transferable, and shall be null and void if You breach any terms or conditions of this Agreement.
  5. Limitation of Liability.
    • UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION) ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
    • OUR AGGREGATE LIABILITY PURSUANT TO THIS AGREEMENT SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU TO US PURSUANT TO THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO ANY SUCH CLAIM.
    • THE LIMITATIONS SET FORTH ABOVE APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    • TrustRight Student Loan Services is in the business of assisting individuals with completing and submitting the necessary documents to apply for and receive loan consolidation, changes in repayment plan and loan forgiveness for their existing federal student loans from the United States Department of Education.
    • Please note that You can obtain student loan consolidation or other benefits directly from the U.S. Department of Education (studentaid.ed.gov) or from Your loan servicer(s) by Yourself for no charge. You are not required to purchase or use Our Services. You may try to complete Your applications and consolidate your loans Yourself without paying anyone a fee.
    • We do not and cannot promise to cut or eliminate Your student loan payments. We are not in the business of providing legal, financial, accounting, tax, or other professional services or advice. We are not affiliated with the federal government, including the U. S. Department of Education (“DOE”), and have no role in approving loan consolidations. We are not a loan servicer and do not provide debt relief services.  We are not a broker of financial services. We do not: (i) directly or indirectly make or procure, attempt to make or procure, or offer to make or procure a loan of money or extension of credit; (ii) assist or advise You in obtaining or attempting to obtain a loan of money or line of credit; or (iii) solicit for loans. We do not take applications or make credit decisions in connection with federal student loans that You may choose to submit for consolidation through the Department of Education. We are not registered or licensed by any state or federal government entity for the Service.  Consult the services of a competent professional when You need any assistance relating to the issues set forth in this paragraph.
    • We do not guarantee (other than as provided by the express terms of Our refund policy) that the use of the Service shall be able to lower Your monthly payments or qualify for a specific loan consolidation or forgiveness program. The DOE’s student loan consolidation programs, including loan forgiveness programs, have specific qualifications that must be met by You to obtain a consolidation or forgiveness of student loans. Such qualification requirements include, but are not limited to, qualifications based on income, other financial factors, types of outstanding loans, and the area of Your current employment. All decisions regarding loan consolidations and loan forgiveness, including the amounts of monthly payments, are subject to DOE approval and are determined solely by the DOE.
    • Any projected or estimated reductions in monthly payments are only estimates based on applying information provided by You through the Services. If the information provided by You differs from Your actual information, as shown by Your tax returns and other supporting financial information and documents, Your actual qualifications for various programs and actual monthly payments shall be different.
    • Since each person’s circumstances, including their loan terms and financial situation, are different, We cannot and do not make any predictions or guarantees of success in achieving any particular outcome, other than as provided by the express terms of Our refund policy.
    • We may be required by law to send You communications about the Services. You hereby agree that We may send these communications to You via email, through the Services, or by posting them on Our websites.
    • We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on Our website for the Services, or when We notify You by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
    • Whenever under the provisions of this Agreement, notice is required or permitted to be given, it shall be in writing, in English, and shall be deemed effective either when delivered: (i) personally; (ii) by courier (either messenger service, FedEx, UPS or DHL); or (iii) by registered or certified mail with postage prepaid, return receipt requested. Notwithstanding anything to the contrary set forth in this Agreement, notices delivered on a Saturday, Sunday or legal holiday at the recipient’s location shall be effective on the next business day at the recipient’s location.  To be effective, all notices must be addressed to the party for whom the notice is intended or to such other addresses as a party shall designate in writing to the other party.
    • This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior or contemporaneous written or oral agreements or understandings between them with respect to the subject matter contained in this Agreement.
    • No amendment, waiver, or modification of this Agreement or any provision of this Agreement shall be valid unless in writing, stating with specificity the particular amendment or modification to be made, and duly executed by the parties.
    • Nothing contained in this Agreement shall cause the failure of either party to insist upon strict compliance with any covenant, obligation, condition, or agreement contained in this Agreement to operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition or agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as, nor constitute a continuing waiver or waiver, breach or cancellation of, any other breach of any provision of this Agreement.
    • The parties agree not to make any disparaging remarks of any kind or nature about the other party to any person.
    • In the event of litigation between the parties to enforce the provisions of or with respect to this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys’ fees and costs at trial and on appeal.
    • Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.
    • Neither this Agreement nor any uncertainty or ambiguity in this Agreement shall be construed or resolved against any party, whether under any rule of construction or otherwise. No party to this Agreement shall be considered the draftsman.  The parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this Agreement.  Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”
    • The parties have entered into this Agreement solely for their own benefit. They intend no third person or party to be able to rely upon nor enforce this Agreement nor any part of this Agreement.
    • You shall not assign rights or interests, or delegate duties under this Agreement without Our prior written consent. Any purported assignment or delegation violating this Section shall be void.
    • This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, administrators, successors, and assigns.
    • This Agreement and the interpretation of this Agreement’s terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to Florida’s conflicts of laws rules.
    • Disputes arising under this Agreement must first be mediated by a Supreme Court Certified Circuit Civil Mediator in Palm Beach County, Florida. The parties agree that the mediation shall occur within thirty (30) days of the date of mediation is requested by either party. The parties agree to abide by the mediator’s agreement, pay mediator fees promptly and share them on an equal basis.  Litigation may not be commenced until after mediation has been: (i) declared an impasse by the mediator, or (ii) terminated in writing by one or both of the parties.  The confidentiality provisions of the “Mediation Confidentiality and Privilege Act” shall attach to any such presuit mediation.
    • Except to the extent that this Agreement requires the parties to mediate a dispute, the parties consent to the exclusive jurisdiction of the State and Federal courts for Palm Beach County, Florida with respect to any disputes, claims, controversies or other actions or proceedings arising under this Agreement and agree that exclusive venue for any such action shall lie in Palm Beach County.  The parties hereto hereby waive any and all rights to commence any action or proceeding before any other court or judicial body or in any other venue with respect to the subject matter hereof.
    • The parties agree that either party may bring claims against the other only in the party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the mediator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
    • The parties may execute and deliver this Agreement in any number of counterparts, each of which shall be deemed an original and all of which, when taken together, shall be deemed to be one agreement.
    • If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, administrative agency or as a result of future legislative action, such holding or action shall be strictly construed and the unenforceable provision shall be deemed severable from the remainder of the Agreement to the extent permitted by law, and the validity or effect of any other provision of this Agreement shall remain binding with the same effect as though the void parts were deleted.
    • Except for Your obligation to pay fees and expenses to Us, neither party shall be liable for any delay in performing its obligations under this Agreement, if such delay is caused by circumstances beyond the party’s reasonable control, including without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services. The delayed party shall promptly notify the other party of the reasons for and the likely duration of the delay, whereupon an extension of time equal to the period of delay, but not greater than ninety (90) days, shall be granted to the delayed party.  If the period of the delay shall exceed ninety (90) days, then the non-delayed party may cancel further performance of the delayed obligation without any penalty whatsoever.
    • The terms and conditions of this Agreement are confidential.
    • All provisions of this Agreement shall survive the termination or expiration of this Agreement to the fullest extent necessary to give the parties the full benefit of the bargain expressed in this Agreement and of the intent contemplated under this Agreement.
    • You agree that, before any formal legal action is commenced, any dispute between You and Us shall be the subject a mutual discussion and negotiation, in good faith, and a mutually acceptable resolution of such dispute. We shall both seek appropriate escalation of the dispute within thirty (30) days of the dispute being raised. This provision may not be construed so as to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction.