A. GENERAL TERMS
This Agreement describes the terms governing your use of the Website provided to you on www.studentLoanify.com, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product, program terms, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described herein. DMM reserves all other rights in the Services. Until termination of this Agreement and as long as you comply with this Agreement, DMM grants to you a personal, limited, nonexclusive, nontransferable right to use the Services provided on the Website.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement. Without limiting the generality of the foregoing, you agree you will not provide access to or give any part of the Services to any third party (except as expressly provided by the Website), and you will not reproduce, modify, copy, or deconstruct the Website or the Services provided thereby.
3. YOUR PERSONAL INFORMATION.
3.1 Telephone Numbers. You are required to provide at least one telephone number as part of your customer record during the account registration process. You understand and agree that DMM may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve DMM sending text messages containing security codes to your telephone number. You agree to receive these texts from DMM containing security codes as part of the MFA process. In addition, you agree that DMM may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
3.2 Permission to contact you about other DMM services. You may be offered other services, products, or promotions by DMM. You agree that DMM may use your account information such as your phone number or email address in order to send promotional information in relation to training events, services, products, or promotions.
4. YOUR ACCOUNT AND SITE USAGE
4.1 You are responsible for all content that you upload. You are responsible for all documents and other materials (“Content”) uploaded, posted or stored through your use of the Services. You grant DMM a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. DMM is not responsible for the Content or data you submit through the Services.
4.2 DMM may monitor your Content. DMM may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect DMM or its customers, or operate the Services properly. DMM, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by DMM in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
4.3 You will manage your passwords and accept updates. You are solely responsible for securely managing your password and security answer for the Services and to contact DMM if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.
5.1 DMM does not provide legal advice. Unless specifically included with the Services, DMM does not provide legal, financial, or other professional advice. You will need to consult the services of a competent professional when you need this type of assistance.
5.2 Communications. DMM may be required by law to send you communications about our Services. You agree that DMM may send these communications to you via email, phone, or by posting them on the site.
5.3 DMM may freely use feedback you provide. You agree that DMM may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant DMM a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to DMM in any way.
5.4 Data Protection. DMM is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
5.5 Links from and to this Website. You acknowledge and agree that DMM and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by DMM or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
5.6 NSLDS Datafile. You acknowledge that it is your responsibility to acquire the NSLDS datafile from the Department of Education and DMM has your permission to read, analyze, and store the NSLDS datafile once you have (a) uploaded it to the Site or (b) provided the Website with your Department of Education username and password to automatically download it using the Site Services. DMM is not responsible for any errors, corruption, or inaccurate information contained in the datafile. You are providing the NSLDS datafile “as is” and will not hold DMM responsible for any of its contents.
6. DISCLAIMER OF WARRANTIES
Your use of the Services, software, and content is entirely at your own risk. Except as described in this Agreement, the Services are provided “as is” to the maximum extent permitted by applicable law. DMM, its affiliates, and it’s third-party software providers disclaim all warranties, express or implied, including any warranty that the Services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the Services. DMM, its affiliates, and third-party software providers do not warrant that the Services are secure, free from bugs, viruses, interruption, errors, theft or destruction. DMM, its affiliates and third-party software providers disclaim any representations or warranties that your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations.
7. LIMITATION OF LIABILITY AND INDEMNITY
To the maximum extent permitted by applicable law, the entire liability of DMM, its affiliates and third-party software providers for all claims relating to this Agreement shall be limited to the amount you paid for the Services during the twelve (12) months prior to such claim. Subject to applicable law, DMM, its affiliates and third-party software providers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet DMM systems requirements. The above limitations apply even if DMM and its affiliates and third-party software providers have been advised of the possibility of such damages. This Agreement sets forth the entire liability of DMM, its affiliates and your exclusive remedy with respect to the Services and its use.
You agree to indemnify and hold DMM and its Affiliates and third-party software providers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). DMM reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by DMM in the defense of any Claims. This Section 7 will survive termination.
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.
DMM may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect DMM’s rights to any payments due to it. This Section 9 will survive termination.
10. GOVERNING LAW
Kentucky state law governs this Agreement without regard to its conflicts of laws provisions.
Any dispute or claim relating in any way to the Services or this Agreement will be resolved by binding arbitration rather than in court. The federal arbitration act governs the interpretation and enforcement of this provision; the arbitrator shall apply Kentucky law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. We each agree that any and all disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By entering into this Agreement and agreeing to arbitration, you agree that you and Default Mitigation Management LLC. are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Default Mitigation Management, 2517 Ritchie Avenue, Crescent Springs, Kentucky, 41017. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 11 shall survive termination.
This Agreement, including the Additional Terms below, is the entire agreement between you and DMM and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of DMM. However, DMM may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by DMM or (c) a successor by merger. Any assignment in violation of this Section shall be void.
The failure of DMM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
If you have questions regarding the StudentLoanify Site, this Agreement, your account, or to report any technical problems with the Site (such as links that do not connect or downtime), please send an e-mail to support@StudentLoanify.com or call (800) 481-1013.
Updated to current version May 2019.