COLLEGE MONEY MATTERS TERMS OF SERVICEImportant Notice
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
- About the Terms of Service
- This College Money Matters website and the various content, features and services offered on this website (collectively, the "Website") is owned and operated by College Money Matters®, formerly Affordyouedu ("College Money Matters ", "we", "us" or "our"). These terms and conditions apply to your use of the Website. By accepting these terms and conditions and / or using the Website you enter into a legally binding contract with us.
- We reserve the right to update these terms and conditions at any time. If we do so, we will publish the amended version on the Website. The amended terms and conditions will take effect from the time they are first published on the Website, and from then on will govern the relationship between you and College Money Matters with respect of your use of this Website. If you do not agree with the amended terms and conditions, you may not continue to use the Website after the time on which the amended terms and conditions are published on the Website.
- From time to time, we may ask you to agree to further terms and conditions relating to additional services that we may make available through the Website. In such circumstances, these terms and conditions will continue to apply except in the event of any conflict between these terms and conditions and any terms and conditions relating to such additional services, the terms and conditions relating to the additional services shall prevail.
- About Us
- College Money Matters, Inc. is a not-for-profit corporation incorporated in New York whose primary office is at 6 Evergreen Lane, Suite 1818, Larchmont, NY 10538.
- If you have any questions, complaints or comments concerning the services provided on the Website, you can contact us using the following e-mail address firstname.lastname@example.org.
- Please ensure that the personal information you provide when you register is correct and complete and that you inform us immediately of any changes to that personal information. You can access and update the information you provide to us by accessing your account on the Website.
- Use of Your Account You are responsible for all use of, and for protecting the confidentiality of the login details for any account you set up with us, and you may not share such login details with anyone. If you fail to comply with the above obligations, we will not be responsible for any losses you suffer as a result. You must notify us immediately of any unauthorized use of your account or any other breach of security regarding any transactions that you make through the Website that comes to your attention.
- No Legal, Financial, or Professional Advice The Website and all related content are provided for informational purposes only. COLLEGE MONEY MATTERS DOES NOT PROVIDE LEGAL, CERTIFIED FINANCIAL, OR ANY PROFESSIONAL ADVICE NOR DOES THE WEBSITE CONSTITUTE THE PRACTICE OF LAW, OR ANY OTHER PROFESSION. Any information provided to you by College Money Matters as a result of your participation in the Website is being provided to you solely for your educational and informational benefit and should not be considered legal, financial or professional advice or a substitute for the foregoing. You agree that you bear all responsibility for your own decisions you may elect to make based on any information you learn in connection with the Website.
- Intellectual Property
- All intellectual property rights in the Website and all material or content made available by us by means of the Website remains at all times our property or the property of our licensors.
- Any names, images and logos identifying us, our partners or third parties and our or their products and services contained in the Website are proprietary marks and may not be reproduced or otherwise used without express permission.
- Nothing contained in these terms and conditions shall be construed as conferring by implication any license or right to use any trademark, patent, design right or copyright or other intellectual property right belonging to us or to any third party.
- Your Use of the Content
- Provided that you comply fully with these terms and conditions, we and/or our licensors grant you the right to access, view and, to the extent that we enable download functionality, download the content that we make available through the Website, for your personal and non-commercial use only. We may restrict the extent to which you can view, back-up, transfer to other devices or otherwise use such content.
- We provide the Website in order for you to estimate the cost of your education. College Money Matters does not provide individual advice. You must evaluate your personal circumstances and confirm the accuracy of information, including tuition and fees, regulations, changes in government programs, interest rates or statistical data, before taking personal action or assuming any financial liability. Any historical rates or market performance is not indicative of future performance. College Money Matters is not responsible for any outcomes or decisions in connection with your use of the Website.
- Except as expressly provided in these terms and conditions, you may not copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, reverse engineer, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, any content provided or made available on or through the Website, or do anything else with such content. You agree and acknowledge that you will not acquire any ownership rights in the content. You acknowledge that modification of any content or use of any content for any purpose not expressly permitted by these terms and conditions may breach our and others' copyright and other proprietary rights.
- You agree that you will not use the content, information, material, software or other items or services available on this Website for any commercial or illegal purpose or for any other purpose prohibited by these terms and conditions or in any notice contained within any content, information, material, software or other item.
- Permitted Submissions and Feedback
- From time to time, we may make it possible for you through the Website to submit text, still images and other content to us and / or for possible inclusion on the Website (for example in a chat room, forum or comment entry field). Subject to your compliance with these terms and conditions, you may make such submissions at any time that the Website enables you to do so. However, the fact that you may make such submissions does not guarantee that they will be considered by us or others or that they will appear on the Website.
- Any and all submissions of any sort made by you must comply with these Terms of Service and all applicable law, including copyright and trademark laws.
- If you choose to provide feedback, comments, ratings or suggestions for improvements to the Website or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.
- By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against College Money Matters and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.
- All rights in this section are granted without the need for additional compensation of any sort to you.
- Purchases and Payment Process
- We may make available for purchase on the Website certain products, content, materials and other items or require payment for access to the Website (“Purchase”). When you request a Purchase through the Website, this is an offer by you to obtain such items or services from us. All offers related to the Purchase are subject to our acceptance. Our acceptance of your offer and the subsequent contract between us for the Purchase will be formed only when your payment for the items or services has been processed and we have commenced delivery of the items or services to you.
- You must make the appropriate payment by credit or debit card or other payment mechanism approved by us and made available through the Website and provide us and/or our payment service providers with the necessary information for your payment to be processed. You confirm that the payment card or account used by you is yours or that you are authorized to use such card or account and there are sufficient funds or credit facilities to cover the payment.
- We reserve the right to require proof of identification and age before processing any order made through the Website.
- Access to and Provision of Content Your ability to view and/or download content, information, material, software or other items or services may depend on your geographical location, and whether you have appropriate technical equipment, including connectivity and bandwidth, available to you to download and view content properly, as well as other factors. Before purchasing paid-for products, content, materials or other items or services, we recommend that you check, and you are responsible for checking, that you have all necessary equipment, internet connectivity and systems properly to access, download and view such products, content, materials or other items or services.
- Indemnification You agree to indemnify and hold College Money Matters, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your content or information in your account or any other information you post or share on or through the Website. As used in this section, "you" shall include anyone accessing the Website using your password.
THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COLLEGE MONEY MATTERS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COLLEGE MONEY MATTERS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. AS BETWEEN YOU AND COLLEGE MONEY MATTERS, COLLEGE MONEY MATTERS HAS NO OBLIGATION TO PROVIDE MAINTENANCE, UPDATES, FIXES, SUPPORT, OR TRAINING FOR THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLEGE MONEY MATTERS, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL OR PERSONAL INJURY, PROPERTY DAMAGE FOR ANY MATTER ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR THE WEBSITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF COLLEGE MONEY MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COLLEGE MONEY MATTERS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR LOSS, DAMAGE OR DESTRUCTION OF ANY DATA. COLLEGE MONEY MATTERS’ MAXIMUM LIABILITY, AND YOUR SOLE REMEDY FOR DAMAGES, SHALL BE LIMITED TO TEN DOLLARS ($10.00) OR THE ACTUAL COST PAID FOR THE CONTENT, WHICHEVER IS LOWER. THE PARTIES ACKNOWLEDGE THAT COLLEGE MONEY MATTERS HAS CONDITIONED YOUR ACCESS TO THE WEBSITE, IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN COLLEGE MONEY MATTERS AND YOU. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL CONTINUE IN EFFECT AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- Dispute Resolution
- No Class or Representative Proceedings; Class Action Waiver. PLEASE READ THIS PROVISION CAREFULLY; IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
- Dispute Notice. Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to College Money Matters by email to email@example.com and by U.S. Mail to College Money Matters Inc., 6 Evergreen Lane, Suite 1818, Larchmont, NY 10538.
- Obligation to Arbitrate; Exceptions. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Website and the Terms of Service shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the College Money Matters-related entities’ or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the College Money Matters-related Entities and/or the applicable third party(ies). You and we acknowledge that the Terms of Service affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
- Arbitration Terms. Arbitration under the Terms of Service shall be conducted by a single arbitrator, governed by the rules of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures) (“Applicable Rules”). The Applicable Rules, as well as instructions on how to file an arbitration proceeding with JAMS, appear at www.jamsadr.com. By agreeing to be bound by the terms of service, you either (a) acknowledge and agree that you have read and understand these rules or (b) waive your opportunity to read these rules and any claim that these rules are unfair or should not apply for any reason.
- Award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Location. The arbitration shall be held: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles); (ii) at such other location as may be mutually agreed upon by you and College Money Matters; or (iii) at your election, by telephone or by written submission, as applicable.
- Costs. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
- Small Claims Exception. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
- Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of the Website, then prior to accessing and/or using the Website, you may opt-out of this part of the Terms of Service sending written notification to the following address:
College Money Matters, Inc.
6 Evergreen Lane, Suite 1818
Larchmont, NY 10538
- No Joinder. To the fullest extent permitted by Applicable Law, NO ARBITRATION OR OTHER CLAIM UNDER THE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
- Jury Trial Waiver. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND COLLEGE MONEY MATTERS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
- Period for Claims. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE TERMS OF SERVICE BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.
- Injunctive Relief. The foregoing provisions of this “Dispute Resolution” section will not apply to any legal action taken by you or College Money Matters to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website or College Money Matters’ intellectual property rights.
- Interpretation and Enforcement. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction pursuant to the “Governing Law” section and not in arbitration in accordance with this section.
- Events Beyond Either Party's Control Except in respect of a payment obligation, neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
- Termination and Assignment
- We reserve the right to terminate your access to this Website, your account (if you have one) and/or this agreement at any time with or without cause or notice. Any person who holds such a suspended or terminated account must not seek to use or re-register on the Website without our prior consent. Termination of this agreement shall not affect the rights or obligations accruing to either party prior to such termination.
- These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms and conditions, including an assignment to a subsequent owner, co-owner or operator in connection with a merger, acquisition or sale of all or substantially all of College Money Matters' assets, or College Money Matters' assets related to the Website. In the event of such a merger, acquisition or sale, your continued use of the Website signifies your agreement to be bound by the applicable terms and conditions and privacy policies of such subsequent owner, co-owner or operator.
- Entire Agreement. Save as otherwise expressly stated, these terms and conditions contain the entire agreement between us relating to your access to and use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you.
- Waiver. In the event that any provision (or any part of such provision) of these terms and conditions is held to be illegal, invalid or unenforceable, such provision (or part) will be severed and: (1) it shall be deemed replaced by an alternative provision (or part) which approximates as closely as lawfully possible in terms of substance and effect the provision or part severed; and (2) the remainder of these terms and conditions shall continue in full force and effect.
- Severance. If you breach these terms and conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach subsequently and to use our rights and remedies in any other situation where you breach these terms and conditions.
- Governing Law. These terms and conditions are governed by and are to be construed in accordance with New York law without giving effect to principles of conflicts of law.