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Terms of Use
The National Council of Higher Education Loan Programs, Inc. (NCHELP) maintains this website (the “Site”) in an attempt to provide you with comprehensive information about student loan programs and NCHELP’s events, programs and services. NCHELP requires that all the visitors to our Site adhere to the following rules and regulations. By accessing the Site, you indicate your acknowledgment and acceptance of these Terms of Use. Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
NCHELP reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. NCHELP likewise may change these Terms of Use from time to time with or without notice to you. You agree to review the Terms of Use 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 of Use.
THE CONTENTS OF THE SITE, INCLUDING ITS "LOOK AND FEEL" (E.G.,TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to NCHELP. Except for publicly available documents found in the e-Library section of the Site, the information and materials contained in the Site may not be copied, displayed, 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 NCHELP. Your right to use the Site is personal to you. 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 (except for publicly available documents found in the e-Library) or technology obtained from the Site.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed 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 abide by all applicable local, state, national, and international laws and regulations 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 to be solely responsible for your actions and the contents of your transmissions through the 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.
Certain sections of the Site are accessed only through use of a password provided by NCHELP. You agree that NCHELP may terminate your password or use of the Site in NCHELP's sole discretion for any reason.
You agree that all access and use of the Site and its contents is at your own risk. We do not guarantee and expressly do not warrant that the Site’s content, functions, and information are error-free or that your access will be uninterrupted or that material accessible from this Site is free of viruses. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, 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 which may infect your computer equipment.
On this Site you will find links which will transfer you to the site of an organization that can provide you with additional information. NCHELP is not responsible for the content and performance of these sites or for your interaction and/or transactions with them. Furthermore, NCHELP strives 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 a NCHELP endorsement.
NCHELP respects your privacy. Please see our Privacy Policy, which is incorporated by reference into these Terms of Use, for the details of our commitment.
YOU EXPRESSLY AGREE THAT USE OF THE SITE ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NCHELP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NCHELP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NCHELP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. NCHELP DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NCHELP ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF NCHELP, ITS EMPLOYEES, MEMBERS AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $250. IN NO EVENT SHALL NCHELP, ITS EMPLOYEES, MEMBERS AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE ARE HEREBY EXCLUDED EVEN IF NCHELP, ITS EMPLOYEES, MEMBERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold harmless NCHELP, its employees, members, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Site by you or any other person accessing the Site using your user name and password.
The provisions of these Terms of Use apply for the benefit of NCHELP and its employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use.
This disclosure shall be governed in all respects by the substantive laws of the District of Columbia, without regard to its provisions relating to conflict of laws. You and NCHELP agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the District of Columbia. The failure of NCHELP to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions or comments about these Terms of Use, please write us or call us at:
General Counsel
NCHELP
1100 Connecticut Avenue NW, Suite 1200
Washington, DC 20036
202-822-2106
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