Terms of Use

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

This Website (Site) is owned and operated by University Financial Aid Solutions, LLC (UFAS) or one of its subsidiary companies within the United States and provided on behalf of your Higher Education Institution (HEI). These Terms of Use (Terms of Use or TOU) apply to and govern your use, and any use by any other person, of your User Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Use and the UFAS Privacy Policy (Privacy Policy), which is hereby incorporated by reference.

For purposes of the TOU, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) “Site” shall mean this site; (C) “Site Content” shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by UFAS, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) “User Account” means any account created by your HEI or UFAS, through a registration process with your HEI or UFAS for the purpose of accessing or using certain Services.

LICENSE TO USE THE SITE

UFAS and your HEI grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer or other internet enabled device connected to the Site over the Internet, provided that you comply fully with these TOU. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOU and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOU or by law. You agree to not engage in activities as set forth below:

  1. Upload forms, pictures or any other content to the Site that is not provided by UFAS or your HEI or governing authority;
  2. Change data with the Site unless otherwise allowed;
  3. Allow any other person to use your login or otherwise access the Site on your behalf for any reason;
  4. Provide your password to anyone including UFAS or your HEI, UFAS and your HEI will never request you to provide such information.

CHANGES TO SITE AND/OR TERMS OF USE

UFAS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOU, and/or the Privacy Policy, in whole or in part, at any time. Changes to the TOU and Privacy Policy will be effective when posted. You agree to review the TOU and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOU and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable UFAS database, to the extent UFAS assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Use and Privacy Policy of the Site’s subsequent owner or operator.

OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to UFAS and are owned by UFAS and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by UFAS, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an “Unauthorized Use”).

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of UFAS and/or its licensors and content providers and constitutes a violation of these TOU. Any violation of copyright laws may be subject to severe civil and criminal penalties.

SOFTWARE

From time to time, and at its sole discretion, UFAS may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by UFAS or a UFAS approved third party software provider (“Third Party Provider”). UFAS does not transfer title to the Software to you. You own the medium on which the Software is recorded, but UFAS and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

UFAS SERVICES AND RULES FOR USE

As a convenience to its visitors, UFAS may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by UFAS to you and others subject to the TOU, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the “Rules”) by UFAS. UFAS currently provides the Services free of charge to users who agree to be bound and abide by the Rules. UFAS reserves the right to change the nature of this relationship at any time.

REGISTRATION AND ACCEPTANCE OF TERMS

In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your “Registration Information”) in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at UFAS’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.

As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify UFAS of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. UFAS shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.

GUIDELINES FOR USE OF THE SERVICES

You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material (“Posted Content”) to any portion of the Services. Listed below are some, though not all, violations that may result in UFAS terminating or suspending your User Account and/or access to UFAS Services. You agree to not do any of the following actions while using any UFAS Service:

  1. Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
  2. Transmit, in connection with any Service, any Posted Content that UFAS, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
  3. Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
  4. Impersonate in any Service, any person, including but not limited to, a UFAS official or representative, chat or message board leader, guide or host;
  5. Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
  6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
  7. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
  8. Invade the privacy or violate any personal or proprietary right of any person or entity; or
  9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOU and you certify that it is current, accurate and useable by UFAS or you HEI to determine and/or verify your financial aid eligibility.

LINKED SITES

UFAS sites may frame, and/or contain links to or advertisements about, non-UFAS Web sites. Other sites may also reference, advertise, or link to UFAS sites. UFAS does not endorse or sponsor other Web sites and is not responsible for the content of such sites. UFAS expressly disclaims any statements or assertions made on non-UFAS Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

NON-UNITED STATES RESIDENTS

UFAS makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

JURISDICTIONAL ISSUES

The Site is controlled and operated by UFAS from its offices within the State of Florida, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or Florida law and to personal jurisdiction in a court of competent jurisdiction in the State of Florida for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of your User Account and/or any UFAS Site or Service.

TERMINATION

You understand and agree that UFAS may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any UFAS Site or Service, for any reason. UFAS may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that UFAS may take any one or more of these actions without any notice to you, prior or otherwise. Should UFAS take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that UFAS shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.

DISCLAIMER

THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UFAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. UFAS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. UFAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT UFAS) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UFAS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF UFAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE UFAS TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, UFAS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL UFAS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO UFAS, IF ANY, FOR ACCESSING THIS SITE.

COPYRIGHT NOTICE

If you believe that any Submissions or any Site Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. 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;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. 6. 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.
By this notice, UFAS seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.

OTHER GOVERNING LAW; ARBITRATION

These Terms of Use shall be construed and enforced in accordance with the laws of the State of Florida without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single neutral arbitrator (“Arbitrator”). The Arbitrator shall be an attorney or retired judge with at least ten (10) years of experience in the software industry and shall be mutually agreed upon by you and UFAS (collectively, “the parties”). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. If a Discovery period is permitted by said Florida law, (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator’s decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator’s decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Florida Superior Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the “Appellate Arbitrators”), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a Florida Court of Appeals reviewing a judgment of the Florida Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Florida Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys’ fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Pasco County, Florida without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.

Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

SEVERABILITY

If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOU, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.

Effective Date: September 1, 2012

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