Terms of Service
Last Updated December 11, 2019
1. Acceptance of Terms
THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. Description of the Services
The Website is dedicated to enabling Registered Users (as defined below) to use the Tuition.io Services to organize and manage the information regarding their student loans, to access tuition assistance benefits and/or to access the content provided on the Website. The Website also enables Company Registered Users (as defined below) to seek Company contributions to their student loans and/or tuition expenses through the Company Services, if applicable.
Tuition.io provides Visitors (as defined below) and Registered Users with access to the Website as described in this Agreement.
Visitors. Visitors, as the term implies, are people who don’t register with us. No login is required for Visitors. Visitors can view all publicly-accessible content and e-mail us.
Registered Users. All individuals that complete our registration process and become registered users (“Registered Users”) must login to use the Services. Registered Users can do all the things that Visitors can do, and also input their information regarding student loans and/or tuition expenses, review this information and access other content on the Website.
Company. A company, governmental agency, non-profit entity or other employer that has signed a written agreement with Tuition.io for the Company Services.
Company Registered Users. Registered Users who are employees of or authorized family members of employees of a Company (“Company Registered Users”) may also be eligible to receive additional services from their Company which may include contributions to student loans in addition to other employee benefits, financial services or other services made available by the Company at its discretion (the “Company Services”). The Company Services are developed, operated by, and provided to Company Registered Users by the Company. Tuition.io may provide services to the Company to enable the Company to provide the Company Services to Company Registered Users. All questions, comments and issues associated with Company Services should be directed to firstname.lastname@example.org, a custom Company agreed upon email address or directly to the Company, depending on the Company Services to which the question, comment or issue relates.
TUITION.IO HAS NO RESPONSIBILITY OR LIABILITY FOR THE COMPANY SERVICES. COMPANY MAY MODIFY OR CEASE OFFERING COMPANY SERVICES FROM TIME TO TIME IN ITS SOLE DISCRETION.
Responsibility of Company for Contributions to Student Loans and payment of tuition expenses. Any agreement for the payment of contributions to your student loan account and/or payment of tuition expenses is solely between you and such Company. Company alone is responsible for the processing and delivery of any contributions to your student loans and/or payments for tuition expenses. Tuition.io is not your agent or service provider, and Tuition.io is not responsible to you, for receiving or processing of contributions to your student loan accounts or other payments. In the event that Company does not send a scheduled contribution or payment or there is any error in the scheduled contribution or other payment, you should contact the Company in accordance with the above instructions to resolve the matter.
Tuition.io is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.
3. Third Party Processors
We may offer certain features or services within the Services that are provided by third parties (each, a “Third Party Processor”).
For example, when we are acting as a service provider to the Company to enable the Company to provide the Company Services to you, we may use a Third Party Processor to access your student loan accounts and provide data regarding your loans to us. We use this data to verify your student loan accounts that are designated to receive Company contributions pursuant to the Company Services as well as to provide aggregated information to you regarding all of your student loans on the Website.,
Similarly, when we are acting as a service provider to the Company to enable the Company to provide the Company Services to you, we may also use Third Party Processors to process student loan contributions made by your Company pursuant to the Company Services. You hereby authorize us to share any relevant information that you provide to us in connection with the Company Services with Third Party Processors as necessary to process your Company contributions and otherwise provide the Company Services.
5. Sign-In Name; Password; Unique Identifiers
You may sign up to become a Registered User by following the registration process on the Website.
If a Company provides Company Services to you, you will receive an email invitation from us or the Company with a registration url (“Registration URL”). You will have to click on the Registration URL or access the Registration URL to complete the registration process to become a Company Registered User of the Website.
During the registration process, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User or Company Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform Tuition.io of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Tuition.io reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and, if you are a Company Registered User, will provide notice to your Company of the deletion or change of your Password, Sign-In Name, or Unique Identifier. Tuition.io will not be liable to you for any loss or damage caused by any unauthorized use of your account.
6. Intellectual Property
The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Tuition.io (collectively referred to as the “Tuition.io Content”). The Tuition.io Content may be owned by us or by third parties. The Tuition.io Content is protected under both United States and foreign laws. Unauthorized use of the Tuition.io Content may violate copyright, trademark, and other laws. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Website or the Services. You may print, download, and store information from the Website for your own convenience; but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or commercial purpose whatsoever except as expressly provided herein. You must retain all copyright and other proprietary notices contained in the original Tuition.io Content on any copy you make of the Tuition.io Content.
The trademarks, service marks, and logos of Tuition.io (the “Tuition.io Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Tuition.io, Inc. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Tuition.io Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tuition.io Trademarks inures to Tuition.io’s benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Tuition.io Content for this Website may be retransmitted without our express, written consent for each and every instance.
7. Communications to Tuition.io; Participation Disclaimer
Tuition.io cannot review all of the communications and materials posted to or created by users accessing the Website (hereinafter, “User Generated Content”), and is not in any manner responsible for the content of the User Generated Content. Remember that the User Generated Content is simply opinion and should not be relied on. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Website, Tuition.io is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Tuition.io reserves the right to block or remove communications or materials that it determines in its sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tuition.io.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services, including User Generated Content.
8. No Warranties/Limitation of Liability
OTHER THAN AS EXPRESSLY STATED HEREIN, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE WEBSITE OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE OR THE SERVICES EXCEPT DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, ITS CONTENT, OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE, ITS CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IF APPLICABLE YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT THAT ANY CONTRIBUTIONS MADE TO YOUR STUDENT LOANS BY A COMPANY PURSUANT TO THE COMPANY SERVICES ARE SUPPLEMENTAL PAYMENTS AND SUCH CONTRIBUTIONS SHOULD NOT BE CONSIDERED TO BE PRIMARY PAYMENTS TOWARDS YOUR STUDENT LOANS. THE CONTRIBUTIONS MADE BY A COMPANY PURSUANT TO THE COMPANY SERVICES MAY BE SUBJECT TO TAXES AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SEEKING PROFESSIONAL TAX ASSISTANCE AND PAYING ANY APPLICABLE TAXES ON SUCH CONTRIBUTIONS
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, OR THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ALTHOUGH TUITION.IO WILL TAKE COMMERCIALLY REASONABLE STEPS TO AVOID INACCURACIES, THE WEBSITE, THE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TUITION.IO IS NOT RESPONSIBLE FOR ANY SUCH TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TUITION.IO RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, THE CONTENT AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
9. External Websites
The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
These External Websites are not governed by these Terms of Service and are instead governed by the terms of service of such External Website. Please review the specific terms of service of any such External Website if you visit it.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Tuition.io Content, the Website, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you (upon your request), at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to our indemnification obligations under this section. In such case, you agree to reasonably cooperate, at our expense, with any reasonable requests assisting our defense of such matter.
11. Digital Millennium Copyright Act
Tuition.io respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove User Generated Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Name: Tuition.io, Inc.
PO Box 810
San Mateo, CA 94401
Attention: Chief Financial Officer
Please email: email@example.com
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. Compliance with Applicable Laws
13. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or all or any of the Services, at any time and for any reason with prior notice to you or the Company that provides the Company Services to you. We reserve the right to change, suspend, or discontinue all or any part of the Website or all or any of the Services at any time without prior notice or liability. You may terminate your Tuition.io account at any time by contacting firstname.lastname@example.org, if you are a Registered User.
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s 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. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Tuition.io from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Tuition.io’s proprietary interests. You agree that any arbitration or proceeding shall be limited to the Dispute between Tuition.io and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing provisions of this Agreement, in the event of a conflict between this Agreement and the terms and conditions of the written agreement between the Company that provides the Company Services to you and Tuition.io for any services that Tuition.io performs or provides to the Company (including but not limited to services Tuition.io provides as service provider to Company to enable Company to provide to you the Company Services), the terms and conditions of such written agreement shall control.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to Tuition.io,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.