The Companies reserve the right to modify or discontinue, temporarily or permanently, the Site for any reason, at our sole discretion, with or without notice to you. The Companies likewise may change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. You will ensure that your agents, contractors and employees comply with these Terms.
Excepting only the public Web sites maintained by us, by using this online service or Site, you are certifying that you are a financial aid professional, a borrower, a parent of a borrower, or another user with express permission from us to use this Site and that you have authority to view information on this Site. You also certify that the information you access relates only to a student loan applicant, a current student loan borrower or a former student loan borrower with an existing relationship to you. Use of this Site in violation of these certifications constitutes a misrepresentation and will be considered a fraudulent act.
You agree that neither the Companies nor any of our employees, agents, third-party content providers or licensors warrant that the services, the Site or its contents will be uninterrupted, free of viruses or other harmful code, or error free. We make no warranty that any defects in the software used in the Site will be corrected. We make no warranties as to the results that may be obtained from use of the services, the Site or its contents, or as to the timeliness, security, sequence, adequacy, accuracy, reliability, or completeness of any information obtained therefrom.
The contents of the Site — including its text, software, graphics, images, music, sound, logos, button icons, photographs, video, editorial content, notices, overall appearance, functionality, and other material — are protected under both United States and foreign copyright, patent, trademark, service mark, trade dress and other intellectual property laws. The contents belong to USA Funds, its affiliates, or to others as indicated. You agree that the Site is the exclusive property of USA Funds, its affiliates, or others as indicated, and you agree that the Site is proprietary and confidential. The information and materials contained in the Site may not be copied, displayed, conveyed, communicated, reverse engineered, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written permission of USA Funds, NELA, or SMS Hawaii. You agree to protect the information and materials accessed through the Site from unauthorized disclosure and use. This confidentiality obligation will survive the termination of your use of the Site.
Your right to use the Site is personal to you. If we give you the authority to assign user id’s and passwords for the Site, you agree to assign such only to users who have a need to access the Site. You agree to ensure that users with id’s and passwords will not share such with any other persons, and you are responsible for maintaining the confidentiality of your user id’s and passwords and for any and all activities that occur under your passwords or accounts. You agree to notify us of any unauthorized use or disclosure of your account or any other breach of security known to you. You agree to counsel and instruct your employees and contractors not to disclose to unauthorized persons any individually identifiable information with respect to any borrower or loan to which you or your employees have access as a result of your work with the records obtained through the Site. You agree to reasonably instruct and train your employees on the proper use and care of the Site. You will be solely responsible for your actions and the contents of your transmissions through the Site and your use of any correspondence or other forms provided by the Site or by us. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes the Site or use of or access to the Site or any information or technology obtained from the Site.
You agree that any calculators or tools available on this Site will only provide estimates that may differ from actual amounts, and the Companies do not guarantee the accuracy or reliability of the content or function of any calculator or tool provided.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site. You agree to take feasible steps to prevent transmission over the Site of any virus or other software routine designed or likely to permit unauthorized access to the Site or to disable, erase or otherwise harm any software, hardware or data accessible over the Site.
You agree to abide by all applicable local, state, national and international laws and regulations and all of Our rules, policies and procedures in your use of the Site. Our Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
You agree that the Companies may terminate your password(s), account(s) and your use of the Site in our sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, we may post notices or links to notices through the Site to inform you of changes to the Terms, the Site or other matters of importance.
You agree that all access and use of the Site and its contents is at your own risk. BY USING THE SITE, YOU ACKNOWLEDGE THAT THE COMPANIES SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, LOST PROFITS, LOST SAVINGS, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. THIS SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, HYPERTEXT LINKS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You will reimburse us for all losses, damages, costs and expenses (including court costs and reasonable legal fees) caused by the negligence or willful misconduct of you or your employees, contractors or agents including, but not limited to, failure to maintain borrower confidentiality, the sending of any borrower or loan information over the Internet without encryption or without other appropriate security protections, or breach of any agreement, representation, warranty or covenant herein. YOU WILL BE LIABLE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS USA FUNDS, NELA, SMS HAWAII, AND THEIR SERVICER, SALLIE MAE, INC. AND EACH OF THEIR AFFILIATES, PARENTS, OWNERS, SUBSIDIARIES, MEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, OBLIGATION, LOSS, DAMAGE, DEMAND, COST, EXPENSE, OR DISBURSEMENT (INCLUDING COURT COSTS AND REASONABLE LEGAL FEES) OF THE INDEMNITEES, ARISING OUT OF OR RESULTING FROM ANY ACT OR OMISSION RELATED TO YOUR USE OF THE SITE.
On this Site you will find numerous links that will transfer you to the site of an organization that can provide you with value-added information and/or functionality. By linking to these sites, the Companies do not represent or imply that there is any business relationship between us and these organizations. The Companies are not responsible for the content and performance of these sites or for your transactions with them. Furthermore, we strive to keep these links as current and accurate as possible, but we cannot guarantee and we expressly do not warrant that they point to the intended third-party site. Links to and from this Site do not constitute an endorsement by the Companies.
On this Site, you may be accessing and reviewing data provided by the Meteor Network with respect to specific student loans by submitting an inquiry to the Meteor Network. By submitting this inquiry to the Meteor Network, you are certifying that you are either (1) an individual requesting information only on student loans for which you are the borrower, (2) a financial aid professional (or are acting on behalf of a financial aid professional) with authority from your institution to view information on the Meteor Network, and that the information you access relates only to a student applicant, a current student, or a former student of the educational institution on whose behalf you are working, (3) an authorized employee of a lender requesting information only on student loans owned by the lender, (4) an authorized employee of a guaranty agency requesting information only on student loans guaranteed by the guaranty agency, or (5) an authorized employee of a loan servicer requesting information only on student loans which are serviced by the loan servicer. Use of the Meteor Network in violation of this certification constitutes misrepresentation and will be considered a fraudulent act. In all cases, by submitting this inquiry to the Meteor Network, you are acknowledging that the information displayed to you relates to student loans provided by participant(s) in the Meteor Network that is associated with the social security number you provided and that other student loans may exist which are held by other entities and that timeliness and accuracy of the information is the responsibility of the individual data provider. The Companies are not responsible for the content and performance of the data provided to you by the Meteor Network.
The Site provides you with the capability to review, perform and/or complete certain functions related to student loan administration. You represent and warrant that the information you furnish in connection with your use of the Site is accurate, complete and current to the best of your knowledge and belief, and meets all requirements of all applicable laws and regulations. You agree not to make any adjustment or modification to the Site without our prior approval. You agree that we may publish your name as a user of this Site. You agree that, by your electronic transmission of loan information via the Site, you are making any and all certifications required by applicable laws, regulations or our requirements, and that such electronic certifications have the same force and effect as manually signed certifications. You further agree to use the Site only for purposes authorized by us. Specifically, you agree not to use the Site or any information obtained from it, or allow a third party to use the Site, for the direct collection of loans or for marketing products or services to borrowers, their parents, or others.
If you are accessing the Site as a representative, employee, agent or contractor of a distinct corporate or other legal entity, you represent and warrant that you have the requisite authority to accept the Terms on behalf of such entity, and “you” shall be deemed to include such entity throughout these Terms. You represent and warrant that you (i) have the corporate power to accept the Terms and perform your obligations hereunder, (ii) the acceptance of the Terms by use of the Site creates a legal, valid and binding agreement between you, us and our affiliates, enforceable against you in accordance with the terms hereof, and (iii) the acceptance of the Terms and performance of your obligations hereunder will not violate any of your constating documents or any agreement to which you are a party or any applicable law.
You agree to take necessary steps to adequately document, store and duplicate all of your files and data. The Companies will not be responsible for the cost of reconstructing files or data lost or destroyed. You agree that, despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be completely secure. The Companies' System Requirements are posted on this Site. By using this Site, you acknowledge these System Requirements and agree that the Companies are not responsible for your failure to abide by these System Requirements. You are responsible for acquiring, installing and maintaining any products (such as equipment, software and communication line access) furnished by third party suppliers that are necessary to access this Site. We will provide reasonable assistance according to our then current policies and procedures.