Terms of Use, Privacy Policy and Disclaimer

Terms of Use

Last Modified: October 29, 2013

Contents

  1. Accepting Edvisors' Terms of Use
  2. Privacy Policy
  3. Changes to Edvisors' Terms of Use and Our Services
  4. Third-Party Links and Content
  5. User Submissions
  6. Digital Millennium Copyright Act
  7. Children's Online Privacy Protection Notice
  8. Proprietary Rights to Content
  9. Eligibility for Registered Services
  10. Registration and Site Visitation Obligations
  11. Registered Services Password and Account Access
  12. Registered-User and Website Visitor Conduct
  13. Disclaimer of Warranties
  14. Limitation of Liability
  15. Indemnification
  16. Use and Storage
  17. Trademark Information
  18. Arbitration
  19. Jurisdiction
  20. Entire Agreement
  21. Assignment
  22. Invalidity; Waiver
  23. Termination
  24. Definitions
  25. User Suggestions
  26. Questions / Comments

1. Accepting Edvisors’ Terms of Use

Edvisors Network, Inc. (“Edvisors,” “ENI,” “we,” “us,” “our”), a Massachusetts corporation, operates several websites, including but not limited to the following:

Edvisors.com
ScholarshipPoints.com
StudentScholarshipSearch.com
PrivateStudentLoans.com
FinancialAidNews.com
FAFSAOnline.com
StudentLoanConsolidator.com
ParentPlusLoan.com
StaffordLoan.com
StudentLoanNetwork.com
HowToGetIn.com
CollegeToolkit.com
CollegeGrader.com
FinancialAidForum.com
FinancialAidOfficer.com
GraduateCenter.com
GradLoans.com
MBAloans.com
DirectStudentLoans.com
CollegeLoanSolutions.com

Edvisors provides its Services to you through its Websites (“Website”) mobile applications and related services (“Service(s)”), subject to the following Terms of Use. By accessing this Website, mobile application or using the Services, you agree to these Terms of Use. If you do not agree to any of the terms and conditions of these Terms of Use, please do not use the Services and exit the website now. You may be required to register with Edvisors in order to access and use certain Services or features (“Registered Services”). If you choose to register, you must meet the eligibility requirements of the website and your choice to register for such Registered Services indicates your acceptance of these Terms of Use.

2. Privacy Policy

As a condition for using the Service(s), you agree that you have read, understood and accept Edvisors’ Privacy Policy, which may be updated from time to time. After notice of a change to the privacy policy, continued use of the website(s) will be deemed acceptance of the policy.

3. Changes to Edvisors’ Terms of Use and Our Services

We reserve the right to modify these Terms of Use at any time and in our sole discretion without prior notice. Furthermore, we reserve the right to add to, update, delete from or modify the Services at any time and in our sole discretion. We may post or display notices of changes to the Term of Use on or through the Services. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, your sole recourse shall be to cease using the Services. Any access or use by you of the Services after any changes to our Terms of Use constitutes conclusive evidence of your acknowledgement of the modification to these Terms of Use and your agreement to be bound by such change(s). You should check back regularly and review these Terms of Use. Any new or additional feature of the Services shall be subject to these Terms of Use.

4. Third-Party Links and Content

The Services may contain links to third-party websites or applications that are not owned or controlled by Edvisors. Edvisors has no control over, and assumes no responsibility for the products, services, content, privacy policies or practices of any third-party website or application. In addition, Edvisors is unable and unwilling to censor or edit the content of any third-party website or application. By accessing and using the Services, you expressly relieve Edvisors from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each website or application that you access or use. If you decide to access any other websites or applications linked to or from our Services, you do so entirely at your own risk. Any questions, complaints, or claims related to any product or service provided by a third-party on the Services should be directed to the applicable third-party.

The Services display some content which is not Edvisors’. This content is the sole responsibility of the individual or entity that makes the content available.

5. User Submissions

The Services may permit the submission of certain user-generated text, information, data, video, chats, audio, photographs, files, messages or other content to or through the Services (“User Submissions”) and the hosting, sharing, transmission and/or publishing (“posting”) of such User Submissions. User Submissions may be used, distributed and published by Edvisors and viewed by both general users and Members of the Services. You understand that Edvisors does not guarantee any confidentiality with respect to any User Submissions.

Edvisors encourages you to carefully choose the information you submit, post, or provide to others using the Services or Services features (including, but not limited to, comments, blogs, video chat sessions, mobile application, Promotions entries, or Contest entries). Edvisors does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Any conversations or information you have or share with others using features that are available on the Services and any User Submissions may be accessible and viewable by all other users or by other Members of the Services. Edvisors reserves the right to remove, edit, or reject any User Submissions at any time, in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of Edvisors violate these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. Edvisors may restrict, suspend or terminate any user’s access to or use of all or any part of the Services or its features at any time, for any reason, with or without notice and with no liability to Edvisors whatsoever.

You shall be solely responsible for your own User Submissions and the consequences of posting them. In connection with User Submissions, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Edvisors to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Services and their Terms of Use; (ii) posting your User Submission on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever. Edvisors reserves the right to remove user submission(s).

User agrees to indemnify Edvisors for any content User post which user does not have the requisite permission as affirmed in (i) - (iii) in the foregoing paragraph.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submission you post or store through the Services or provide to Edvisors.

All User Submissions posted on Edvisors’ Websites or through Edvisors’ Services will be the exclusive property of Edvisors.

6. Digital Millennium Copyright Act

Edvisors responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information).

A. Notification If you are a copyright owner or an agent thereof and believe that any User Submission or other Edvisors content infringes upon your copyright, you may submit a written notification pursuant to the DMCA by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that I allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by the notification, a representative list of such works on or in the Services: (iii) a description of the location on the Services of the allegedly infringed material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the matter complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Edvisors’ designated Copyright Agent for notice of claims of infringement is:

Russ Theriault, College Loan Corporation 10000 W. Charleston Blvd., Suite 200 Las Vegas, NV 89135

Email: rtheriault@collegeloan.com Telephone: (702) 777-8405

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Edvisors’ customer service at customerservice@edvisors.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Termination of Repeat Offenders In accordance with the DMCA and other applicable law, Edvisors shall, in appropriate circumstances, terminate access, at Edvisors’ sole discretion, of any general user or Member that Edvisors finds to be a repeat infringer of other copyrights. Edvisors may also, in its sole discretion, limit or fully terminate access to the Website or Service(s) of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

7. Children’s Online Privacy Protection Notice

This Website is not directed or otherwise promoted for use by children under the age of thirteen (13). Edvisors does not knowingly collect, maintain or use personal information from our websites about children under age 13. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of 13. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third-parties. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information via our site.

8. Proprietary Rights to Content

You agree that title, ownership rights, and other intellectual property and proprietary rights in the Services shall remain in Edvisors and/or its licensors and suppliers. You acknowledge that the content of this Website and the Services - including but not limited to text, sound, photographs, graphics, software or other material contained in either Edvisors, Sponsor, Client, Affiliate or Reward Partner electronic mail communications, services or software - is copyrighted by Edvisors and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Edvisors or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Edvisors and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Edvisors, its Clients, Affiliates, Sponsors or Reward Partners may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any such content. You may use Edvisors’, Sponsor’s, Client’s, Affiliates or Reward Partners’ content, service or software only as expressly authorized by Edvisors, the Sponsor, the Client , the Affiliate or the Reward Partner.

You acknowledge and agree that the Services and any necessary software provided by Edvisors or its Sponsors, Clients, Affiliate, Reward Partners or other third-party partners and used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Edvisors grants you a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with your use of this Website and the Services; provided that you do not (and do not allow any third-party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. You agree not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Edvisors for such use.

9. Eligibility for Registered Services

Some Edvisors’ websites require registration in order to fully use the website. You will be required to register if you wish to obtain access to Edvisors Websites that provide Registered Services and become a registered member (“Member”), subject to the following eligibility requirements: (i) Members must be thirteen years or older at the time of registration; (ii) membership is limited to individuals only, corporations or other business entities may not become Members; (iii) Registered Services are limited to one account per individual, even if the individual has multiple email addresses; (iv) employees of Edvisors and members of their household are not eligible to participate; and (v) automated services, scripts, or other machines are not eligible. Some Registered Services have additional eligibility requirements, which will be contained within the specific terms and conditions of Member Agreements associated with participation in those Registered Services.

10. Registration and Site Visitation Obligations

To access and use Services, you need computer equipment and telecommunications access necessary to connect to and access the World Wide Web. You must provide, at your own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees such as ISP charges) necessary to access the Services and any future enhancements or additional services. In consideration of use of Registered Services, you agree to provide to Edvisors and its third-party partners true, accurate, current, and complete information as prompted by the Registered Service Website’s online registration form (the “Registration Data”) and agree to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Edvisors may suspend or terminate your account and/or access to the Website immediately and may refuse you all current or future use of the Registered Service. Some Services include Promotions and Contests. If you are the winner of any such Promotion or Contest you understand you may be required to allow Edvisors to use your name, likeness, testimonials, contest submissions and biographical information for future promotional material along with reporting required by law.

11. Registered Services Password and Account Access

Members of Registered Services have certain Rights & Responsibilities with respect to Password and Account Access: (i) Member must select a password as part of the registration process (unless the Member logs in using a third-party social media functionality such as Facebook Connect); (ii) in order to prevent unauthorized activity, to access the Registered Service on the Internet, Member must give the Registered Service their e-mail address and selected password in order to update Member profile information, update personal information (name, e-mail address, etc.) and participate in Promotions and Contests: (iii) for security purposes, Member is advised to memorize, and not to write down, his/her password; (iv) Member is responsible for keeping his/her e-mail address and password confidential, and is solely responsible for all activities that occur under Member’s e-mail address and password, including all unauthorized activities: (v) Member agrees to (a) immediately notify Edvisors of any unauthorized use of Member’s e-mail address and password or any other breach of security related to this Website or the Service, and (b) ensure that Member logs out from Member’s account at the end of each session; and (vi) Member agrees to abide by all applicable local, state, federal, and international laws and regulations with respect to Member’s account.

Edvisors has certain Rights & Responsibilities with respect to Password and Account Access: (i) Edvisors will implement security measures at or above industry standards to secure Member’s password on the database; (ii) Edvisors is entitled to act on instructions received under Member’s password and e-mail address; and (iii) Edvisors cannot and will not be liable for any loss or damage arising from Member’s failure to adequately safeguard Member’s e-mail address and/or password.

12. Registered-User and Website Visitor Conduct

You agree not to use any website with Edvisors service marks, including but not limited to Facebook, Twitter, Pinterest, blogs or other social media site, or this Website to: (i) violate any local, state, national or international law; (ii) stalk, harass, or harm another individual; (iii) collect or store personal data about other Website visitors or registered users; (iv) impersonate any person, or otherwise misrepresent your identity; (v) interfere with, disrupt or violate these Terms of Use and operating rules of the Services or servers or networks connected to the Services; or disobey any requirements, procedures, policies, or regulations of such networks; (vi) interfere with another Website visitor’s or registered user’s use of the Services; (vii) attempt to gain unauthorized access to the Services, or to other accounts, computer systems, or networks connected to the Services; (viii) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (ix) use the Services to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; (x) resell, barter, trade, auction or otherwise generate income by providing access to the Services to others; (xi) exploit bugs, coding or scripting error to achieve a task, participate in or rig a contest, sweepstakes or other activity.

You may not upload, post, email, transmit or otherwise make available any User Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Additionally, you may not use the Services in connection with affiliate programs, multi-level marketing schemes, sites/blogs, repurposing existing stories (source hops), or off-topic content.

You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Services or any part thereof, in order to (i) build a competitive product or Service; (ii) build a product using similar ideas, features, functions, or graphics of the Service; (iii) remove, change or replace any Edvisors’ trademarks, logos, copyrights, or any other branding elements; (iv) hide, obscure, disable, or otherwise render inoperable any portion of the User interface including, but not limited to, the display of advertisements and promotions within the Services; or (v) copy any content, ideas, features, functions, or graphics of the Services. In addition, you may not use any meta tags or any other “hidden text” using Edvisors’ name or other trademark or service mark, nor any Edvisors logo or other proprietary graphic or service mark as part of a link, without the express written consent of Edvisors.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Additionally, you may not take any action that imposes, or may impose (as judged by Edvisors at its sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Edvisors server, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect User names, User IDs, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles and/or community postings without notice and may result in termination of User privileges.

13. Disclaimer of Warranties

You agree that use of the Services and this Website is solely at your own risk. All Services offered by Edvisors are provided on a strictly “as is” and “as available” basis, without representation or warranty of any kind. Neither Edvisors nor its third-party partners make any warranty, express or implied: (i) with regard to any products, services, or gifts obtained by you through the Services or through any third-party; (ii) that the services will meet your requirements; (iii) that the Services will be uninterrupted, timely, free of errors or without defects; (iv) as to the results you may obtain by using the Services; or (v) as to the accuracy or reliability of any information obtained via the Services. EDVISORS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES REGARDING THE INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH THE SERVICES (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE), INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTY OF MERCHANTABILITY; (II) THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND (III) NON-INFRINGEMENT. EDVISORS CANNOT AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY THIRD-PARTY INCLUDING BUT NOT LIMITED TO: CLIENTS, SPONSORS, REWARD PARTNERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDVISORS OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. Limitation of Liability

You understand that some goods and services offered through the Services may be offered by third-parties or affiliates, and that Edvisors does not operate, control or endorse any of their information, goods or services in any way. You understand that third-parties may place restrictions on the use of goods and services offered through the Services. Neither Edvisors nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from: (i) the user or inability to use the Services; (ii) the cost of procurement of substitute goods or services; (iii) any transaction entered into or through the Services; (iv) the reliance on or use of any information, goods, services or merchandise provided through the Services; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements or conduct of any third-party; (vii) any claim attributable to errors, omissions, or other inaccuracies in the Services and/or materials or information retrieved through the Services; or (viii) any other matter relating to the Services or these Terms of Use. The above limitation is applicable even if Edvisors or its authorized representatives have been advised of (or know or should know of) the possibility of such damages. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to you. Your rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. You acknowledge and agree that Edvisors neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for: (i) the accuracy of material contained in electronic mail, Internet, or other communications of third-parties or affiliates; (ii) any infringement of third-party intellectual property rights arising from the electronic mail Internet, or other communications from third-parties or affiliates; or (iii) any fraud or other crime facilitated by the electronic mail, Internet, or other communications by third-parties or affiliates. You agree that Edvisors is not liable to you or to any third-party for any modification, suspension or discontinuances of services from particular providers to the Services.

15. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EDVISORS AND ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, CO-BRANDERS, THIRD-PARTY PROVIDERS, CLIENTS, SPONSORS, REWARD PARTNERS OR OTHER PARTNERS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS (INCLUDING COURT COSTS), FEES (INCLUDING ATTORNEY’S FEES), DAMAGES AND EXPENSES THAT SUCH PARTIES MAY INCUR AS A RESULT OF, DUE TO, OR ARISING OUT OF THE VIOLATION BY YOU (OR ANYONE ACTING UNDER YOU ACCOUNT OR PASSWORD) OF THESE TERMS OF USE OR THE USE OR MISUSE OF THE SERVICES BY YOU (OR ANYONE ACTING UNDER YOUR ACCOUNT OR PASSWORD), OR THE VIOLATION OF ANY RIGHTS OF ANOTHER BY YOU (OR ANYONE ACTING UNDER YOUR ACCOUNT OR PASSWORD).

16. Use and Storage

You acknowledge that Edvisors may establish general practices and limits concerning use of the Services including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Services, the maximum disk space that will be allotted on Edvisors servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that Edvisors reserves the right to terminate accounts that are inactive for an extended period of time, as determined by Edvisors in its sole discretion. You further acknowledge that Edvisors reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You agree that EDVISORS has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Services.

17. Trademark Information

All Edvisors trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this Website or on or through the Services, are the property of their respective owners, and you may not copy or use them in any manner.

Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Edvisors or by any third party.

18. Arbitration: PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS

  1. Most of your concerns can be resolved quickly by contacting Edvisors at info@edvisors.com. In the event that we cannot resolve your concern, binding arbitration through the following procedures shall be your sole and exclusive remedy. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.
  2. Pursuant to the Federal Arbitration Act, Edvisors and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, regardless of legal theory, including, but not limited to, claims relating to advertising and claims relating to any and all use of the Service(s), whether brought during or after the term of these Terms of Use. References to “Edvisors,” “you,” and “us” include our respective corporate subsidiaries and parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under these Terms of Use or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by accepting these Terms of Use, you and Edvisors are each waiving the right to a trial by jury or to participate in a class action. This Section 18 shall survive termination of these Terms of Use.
  3. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Edvisors shall be addressed to Edvisors Network, Inc., 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135, Attention: President (“Edvisors Notice Address”). The Notice to you shall be addressed to any such addresses, including email addresses you may have provided Edvisors. If you have never provided Edvisors with any such address Edvisors will, after using due diligence to discover, send Notice to your last known mailing address. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Edvisors and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Edvisors may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Edvisors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Edvisors is entitled.
  4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 18 are for a court to decide. Unless Edvisors and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your home address, as provided in connection with the Notice. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you prevail at arbitration, the arbitrator may award you reimbursement of the filing, administration and arbitrator fees you incurred, as well as reimbursement of any reasonable attorneys’ fees you incurred.
  5. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND EDVISORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Edvisors agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  6. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Edvisors makes any change to this Section 18 (other than a change to the Edvisors Notice Address), you may reject any such change by sending us written notice, to the Edvisors Notice Address, within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these Terms of Use in the form prior to such rejected change.

19. Jurisdiction

These Terms of Use and any dispute of any kind that arises with Edvisors shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of laws. You further agree to irrevocably submit to the exclusive personal jurisdiction of Nevada courts.

20. Entire Agreement

These Terms of Use constitutes the complete, final and exclusive understanding between Edvisors and you relating to the subject matter hereof and governs your use of the Service(s), superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter. You may be subject to additional terms and conditions that may apply when you obtain or use third-party content, third-party software or goods and services provided by or through Clients, Sponsors, Reward Partner, Affiliates or other third-party partners of Edvisors.

21. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edvisors without restriction.

22. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Edvisors’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23. Termination

A Member may terminate their membership in any of the Registered Services with or without cause at any time. Member’s termination of Registered Services is effective upon Member’s terminating his/her membership on the Service’s Website. A visitor to any Edvisors Website who is not a Member but who does not agree to any of the terms and conditions of these Terms of Use should not use any of the Services and should exit the Website immediately.

Edvisors may terminate membership and use of any of the Registered Services and may remove User Submissions in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data; lack of use; or if Edvisors believes that Member or has violated or acted inconsistently with the letter or spirit of these Terms of Use.

Upon termination by either you or Edvisors: (i) Edvisors may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Services: (ii) your rights to use the Service(s) ceases immediately, including any rights to contests, games, or activities active at the time of termination; (iii) should you object to any of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Service. You agree that Edvisors shall not be liable to you or to any third-party for any termination of your account or your access to the Services.

24. Definitions

  1. Sponsor: Any company or an organization that pays Edvisors to plan and carries out a sweepstakes, contest or activity on an Edvisors’ owned and operated website or mail-in promotion.
  2. Client: Any company which Edvisors has a contract with to connect Edvisors members with. The Client would plan and carry out the sweepstakes, survey, contest or activity on Client’s owned and operated website or mail-in promotion.
  3. Partner: Any company or organization who takes part in an undertaking with Edvisors, with shared risks and profits. For example, the Partner may own and operate a website where a survey occurs, but Edvisors would be operating the correlating sweepstakes where “Points” earned by through Partner’s survey, would be redeemed.
  4. Affiliate: Affiliate is any business under common ownership or control.

25. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Edvisors are not commercial and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Edvisors shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

26. Questions/Comments

If you have any questions or comments about the Services or become aware of misuse of the Services by any person, please contact us at info@edvisors.com or at the following address: Edvisors Network, Inc., 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135

Privacy Policy

Edvisors Network, Inc. (“Edvisors”) provides students and parents with personalized information, insights and advice about college scholarships, student loans and financial aid.

We provide this policy to explain our privacy practices, including what information we collect, how we use that information to enhance your interaction with our websites, and what choices you have about collection and use of your personal information. We urge you to review this entire policy.

Contents

This privacy policy covers all Edvisors sites. This policy also covers User Information that may be received by Edvisors that is submitted on forms accessible from Edvisors sites and managed by third-party partners. Please contact us if you have questions about this policy by writing to us at:

Edvisors
10000 W. Charleston Blvd., Suite 200
Las Vegas, NV 89135 USA

Our goal is to resolve questions or concerns you have about this policy or our privacy practices. You may also visit our opt out page or contact us directly via email.

Edvisors is a member of the BBB Reliability Program. Visit the Better Business Bureau to find out more about Edvisors.

What Information Do You Collect?

  • User Information:

    • Your name.
    • Your email address.
    • Your mailing address.
    • Your mobile telephone number.
    • The high school, college or university you attend.
    • Your grade level and graduation year.
    • Your type of major/degree.
    • Your date of birth.
    • Citizenship.
    • Your high school grade point average and class rank.
    • Other demographic information.
    • Your social media activity.
    • Your college identification number.
  • Technical Information:

    • Your IP address.
    • Your referring URL.
    • Your browser type.
    • Other user information.
  • Third Party Sites:

    When you are referred to a financial service provider from one of our sites, we are not informed of:

    • Whether you are approved or denied for any product
    • The basis for credit-based loan decisions

How We Respond to Browser "Do Not Track" Signals: Some Web browsers incorporate a "Do Not Track" feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to the actual website differently making it unworkable to honor each and every request correctly. To alleviate any communication error between browsers and website, we do not respond to Web browser "Do Not Track" signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor "Do Not Track" signals and may make changes to our policy.

Third Party Tracking: We permit third parties that we have agreements with to track you when you are on our website. When you leave our website there is a chance that these third parties may continue to track you.

Cookies: Edvisors uses “cookies” and other technologies to help us learn more about how our users use our sites and to recognize you when you return. Cookies are text files that are placed in your computer’s browser by a Web page server, and that can be used to help recognize you as an Edvisors user. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer, and can only be read by a Web server in the domain that issued the cookie to you. Cookies may store user preferences and other information, and can be deleted or blocked by changing the settings on your Web browser. You may also be able to modify your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. However, choosing to decline cookies may hinder performance and negatively impact your experience on Edvisors websites.

Analytics Tools and Third Party Cookies: Edvisors uses temporary cookies to help us determine how people travel through our site. A temporary cookie expires when you close your browser. This website also uses third-party analytics tools (such as Google Analytics) to collect information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use this information only to improve this site. Such tools use permanent cookies to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Edvisors. Third-parties providing such analytics tools may also transfer this information to other third-parties where required to do so by law, or where such third-parties process the information on their behalf. The third-party analytics provider cannot associate your IP address with your personally identifiable information. By using this website, you consent to the processing of data about you by a third-party click tracking analytics provider in the manner and for the purposes set out above.

Online Advertising Networks and Third Party Cookies: Edvisors sometimes runs online ad campaigns that display Edvisors ads to you based on your likely interests. We may learn your likely interests when you use our websites and from other companies and websites that help us understand your likely interests. These types of ads are often called “interest-based ads” or “online behavioral advertising.” We hire “ad networks” to display these ads on websites across the Internet.

The ad networks we hire to display these ads set their own cookies on your browser and use web beacons to measure the effectiveness of these ads and to understand your likely interests. Our ad networks and Edvisors both learn which Edvisors ads are shown to you, which ads are clicked on, and on which web page the ads were displayed.

Notwithstanding the above, we may share information collected from you with third party data providers including web log data and/or hashed email addresses. Third party data providers may place anonymous cookies on your browser to receive customized ads or content, which you can opt out of at http://www.aboutads.info/choices.

For more general information about interest-based ads and your choices, visit the Digital Advertising Alliance at http://www.aboutads.info/choices.

Children’s Privacy Policy

This Web site is not directed or otherwise promoted for use by children under the age of thirteen (13). Edvisors does not knowingly collect, maintain or use personal information from our websites about children under age thirteen. If a child whom we know to be under age thirteen sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen, we also do not knowingly distribute such information to third-parties. We do not knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information via our site.

How Do You Protect My Information?

We take the security of your personal information very seriously, and have implemented policies and procedures designed to safeguard it. To protect your personal information from unauthorized access and use, we have implemented both online and offline security measures such as computer safeguards (firewalls and passwords) and securing servers and buildings where your information is stored. We require all third party advertising and marketing partners with whom we share your information to make reasonable efforts to protect your information.

How Do You Use My Information?

We use User Information to provide you the services you request (such as scholarship information), to customize our sites, to improve your user experience and our services, and to provide information about other products and services which we think might interest you.

We use Technical Information to operate, administer, test and improve our sites, and to customize and improve the user experience.

How Do You Share My Information?

Edvisors Sites: The sites that constitute the Edvisors Network all have access to and use information about you for the purposes described above. If you prefer not to receive marketing materials from Edvisors, you may opt out.

Advertisers and Marketing Partners: We may share User Information and Technical Information with third parties whose products and services we think may be of interest to you, such as educational institutions; financial companies, such as those that make or arrange student loans and other financial products; non-financial institutions, such as retailers who sell a wide range of products and services to consumers; direct marketing companies; nonprofit organizations. If you prefer not to receive marketing materials from third parties, you may opt out.

Analytics Partners: We may share User Information and Technical Information with third parties who use the information solely for analytical purposes. The third-party analytics provider cannot associate your IP address with your personally identifiable information.

Third-Party Service Providers: From time to time we may use third parties to perform specific services, such as sending emails or newsletters to Edvisors users. If we use a third party to provide specific services, then information (such as contact information) may be shared with that party to the extent necessary for the third party to provide these services. These third-party service providers are only allowed to use personally identifiable information for the purpose of providing the specific services requested by Edvisors. The third-party services covered by this paragraph do not include links to third-party sites found on our sites. These third party links are governed by a more specific provision (Links to Other Sites) below.

Disclosure to Law Enforcement and Similar Disclosures: While Edvisors strives to protect the personal information of all users, Edvisors will disclose information if legally required to do so, if requested to do so by a government entity, or if it believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

What About the Links to Other Sites?

This site contains links to other sites. Please be aware that Edvisors does not exercise control over the information, products, services or policies of third party companies accessible through our site. We encourage you to be aware when you leave our site and to read the privacy policies of each and every third party site so you can understand how they collect, use, and share your information. This Privacy Policy applies solely to the information collected by this site.

What Choices Do I Have About the Use of My Information?

To edit any of your privacy preferences, please visit our opt out page. On that page, you may choose to opt out of our use or sharing of your information with third parties for marketing purposes or to change your email delivery options.

If you wish to opt out of the use of your Technical Information by Online Advertising Networks, please visit http://www.aboutads.info/choices. You can also disable or delete cookies directly on your web browser. Please see your browser’s “help” content for information on how to do this.

If you have any problems or questions regarding your privacy preferences or opt out options, and cannot resolve them using our opt out page, please contact us.

Any California residents who have an established relationship with Edvisors may opt out of Edvisors disclosing your personal information with third parties for marketing purposes. Under California law, third parties include affiliates of Edvisors. If you do not want Edvisors to disclose your personal information to third parties, including affiliates, you can opt-out using our opt out webpage.

VERMONT RESIDENTS: Due to special rules affecting Vermont residents, if you register with a Vermont address, we will not share your personally-identifiable information with third-party marketers.

Please note that you cannot opt out of sharing your information to comply with valid law enforcement requests, a legal process, to protect our interests or property or those of third parties, or as otherwise permitted or required by law.

How Can I Update My Information?

Users who wish to update their personal information should contact us.

What Happens When We Change Our Privacy Policy?

Your use of this site indicates an acceptance of the terms of the Privacy Policy. Edvisors reserves the right to update or amend this Privacy Policy at any time to reflect our current privacy practices. If Edvisors decides to materially change this Privacy Policy, those changes will be posted through a prominent notice on the web site and/or sent to you via email, so that you will always know what information Edvisors collects, how it might use that information, and with whom it may share that information.

What is the Effective Date of This Policy?

Revised: December 16th, 2013

Disclaimer

The information contained on this web site is provided for general informational and educational purposes and is not, nor intended to be, legal, financial or tax advice. The publisher is not authorized to practice in front of the IRS and is not subject to IRS Circular 230. This information is general in nature and may not apply to the specific circumstances of individual readers. No claims are made about the accuracy, timeliness or usefulness of the content contained on this web site or any site linked to this site. Users of this site should seek specific guidance directly from a qualified legal, financial or tax professional. Nothing contained on or provided through this site is intended to be or is to be used as a substitute for professional advice.