THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO WITH Student Loan Doc Pros LLC. AN WYOMING LIMITED LIABILITY COMPANY (“SLDP”“WE” OR US”), AND YOU, AND GOVERNS YOUR USE OF OUR Student Loan ONLINE APPLICATION PREPARATION AND SUBMISSION SERVICE (“SERVICES”) ON studentloandocpros.com (“WEBSITE”). THE FOLLOWING TERMS AND CONDITIONS MAY SOMETIMES BE REFERRED TO AS “AGREEMENT” HEREINAFTER.
YOU MUST BE AT LEAST 18 YEARS OF AGE AND BE CONSIDERED TO BE A LEGAL ADULT IN THE JURISDICTION IN WHICH YOU RESIDE IN ORDER TO ACCESS AND USE THE SERVICES. BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE.
THE RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT AND OUR OBLIGATION TO PROVIDE THE SERVICES TO YOU ARE SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS:
- Document/Application Preparation Services Use Rights. Subject to Your continued compliance with this Agreement, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use the Services in order to submit to apply for an Income based repayment plan with the United States Department of Education(collectively “Application Data”). In our sole discretion, we may set, impose or enforce limits on Your use of the Services or restrict Your access to the Services, change, discontinue, suspend or terminate the availability of some or all of the Services, at any time for any reason, with or without notice to You. We will not be liable for any damages of any kind as a result of any such restriction, discontinuance, change, suspension or termination of all or any portion of the Services.
1.1 Sale Authorization & Payment Terms. By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on
our Website at the time of purchase of the Services. You agree that we shall be authorized to charge all such amounts immediately after You have provided your payment information and have otherwise authorized the payment.
1.2 REFUND POLICY. You shall be entitled to a refund of the entire purchase price paid for the Services, which shall be processed within seven (7) calendar days from the date of purchase, only in the event the application process is not able to be completed except for your failure to provide accurate or complete information to us.
- Services Use & Application Data Standards.
2.1. General Use Restrictions. You are not authorized to (i) resell or sublicense, outsource, time-share or rent the Services or Materials; (ii) distribute, transmit, or publish any portions of the Services platform to the public or download (other than page caching) or modify any portion of the Services platform in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any Materials or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to Your use of the Services.
2.2. Application Data Standards. The following content standards ("Application Standards") apply to any and all Application Data and Your use of our Services generally.
Submitted Application Data shall not:
- be accurate (where they state facts);
- be genuinely and reasonably held (where they state opinions);
- comply with applicable law in the United States of America and in any state or territory from which the Submitted Loan Data is transmitted.
- be false or misleading including, but not limited to, falsity or being misleading as a result of the intentional, reckless, or negligent omission of material facts or data, is otherwise
inaccurate or may mislead the United States Department of Education;
- promote any illegal activity;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- advocate, promote, or assist any unlawful act including, but not limited to, fraud, theft of money, goods, or services;.
2.3. Registration & User Accounts. We require that each customer register and create an account in order to utilize the Service. Once You provide the requested information during the registration process, an account will be automatically created. You warrant and represent to us that any information You provide during registration is accurate and current. You will be required to maintain and update the user registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be required to create a user ID and password to log-in to your profile. You can use this log-in information to access the Service at any time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You agree that we may act in reliance, without investigation, upon any of your log-In information.
Your ability to access and use the Service may require the payment of third-party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use this Webite or the Service.
2.4. No Affiliation Notice. SDP is a document/application preparation assistance service only and is not connected with or endorsed by the U.S. government including the United States Department of Education. Accordingly, SLDP does not make any representations or warranties concerning the ability to obtain approval of any applied for an income-driven repayment plan, recertification or student loan consolidation. SDP does not guarantee income-driven repayment plan, recertification or loan consolidation approval
- Application Data Sharing Consent & Release. BY SUBMITTING ANY REQUESTED INFORMATION PURSUANT TO OUR DOCUMENT OR LOAN APPLICATION PREPARATION SERVICE, YOU AFFIRMATIVELY CONSENT TO THE SHARING OF THAT INFORMATION WITH THE APPLICABLE UNITED STATES GOVERNMENTAL AGENCY FOR THE PURPOSES STATED BY HEREIN. ANY INFORMATION INCLUDING ANY PERSONAL OR BUSINESS DATA MAY BE SUBJECT TO A DIFFERENT SET OF PRACTICES THAN THOSE DESCRIBED UNDER THIS POLICY AND WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY SUCH THIRD PARTY AGENCY. YOU AGREE THAT WE SHALL NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER FOR THE MANNER IN WHICH ANY SUCH AGENCIES USE OR DISCLOSE ANY PERSONAL, BUSINESS OR OTHER INFORMATION YOU PROVIDE VOLUNTARILY RELATED TO YOUR ACCESS OR USE OF THE SERVICES.
3.1. No Application Data Investigation. We shall not have any responsibility to investigate or verify the accuracy of any Application Data you submit and We will make no effort to do so. We shall not be responsible or liable to You for any failure by the applicable governmental agency to accept or approve any application we submit for you pursuant to the Services, or for any damages whatsoever of any kind or nature, for any Application Data which You provide which may be inaccurate or false.
- Access Term, Suspension & Termination. The term of Your right to use and access the Services shall begin on the date this Agreement is entered into by You and shall end when Your rights to use the Services are terminated by us, or you delete Your account. We may terminate this Agreement and discontinue providing You with access to the Services at any time for any reason, with or without notice to You including, but not limited to, if We are unable to access or use any of the third-party services required to operate the Services or any such services are discontinued, become obsolete or are otherwise not commercially available.
We reserve the right to investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend Your ability to use the Services at our sole discretion. We reserve the right to lift any suspension at any time, at our sole discretion. Account suspension includes an automatic prohibition against registration of any additional accounts by You. Upon termination, Your access to use the Services and view any Application Data will be disabled.
- NO WARRANTIES. THE SERVICE IS BEING PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SBD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF ANY MATERIALS COMPRISING THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT THE FUNCTIONS PERFORMED BY SBD IN MAKING THE SERVICES AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; AND (ii) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SBD DOES NOT OWN OR MAINTAIN ANY PRODUCTS AND CANNOT BE RESPONSIBLE FOR THEIR CONDITION. YOU ARE ADVISED THAT THE CONDITION OF ANY PRODUCTS MAY VARY AND THAT THIS MAY AFFECT THE PERFORMANCE OF THE SERVICES GENERALLY.
- Indemnification. You hereby agree to defend, indemnify and hold SBD, our members, managers, officers, employees, consultants, agents and representatives harmless from and against any claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to (i) any breach of this Agreement by You; (ii) Your use of and access of the Services generally; (iii) any actual or alleged violation by You of any intellectual property, proprietary or other right of any third-party; or (iv) Your negligent or willful acts or omissions while using the Services.
- APPLICATION DATA TRANSMISSION DISCLAIMER. WE DO NOT AND CANNOT CONTROL THE TRANSMISSION OR AVAILABILITY OF ANY APPLICATION DATA YOU PROVIDE THROUGH THE SERVICES AS THIS DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES INCLUDING THIRD-PARTY GOVERNMENTAL AGENCIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS DURING WHICH ANY CONNECTION TO THE INTERNET AND/OR TO ANY OF OUR DATABASES (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO TAKE ACTIONS WE DEEM APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE DO NOT GUARANTEE THAT SUCH DISRUPTIONS OR IMPAIRMENTS WILL NOT OCCUR. ACCORDINGLY, WE SHALL NOT HAVE ANY LIABILITY TO YOU RESULTING FROM THE FAILURE TO TRANSMIT AND/OR STORE ANY DATA FOR ANY REASON.
- LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER INDIRECT DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE ON ANY APPLICATION Data OR ANY MATERIALS, OR STEMMING FROM ANY APPLICATION DATA THAT IS ACCESSED BY THIRD PARTIES ILLEGALLY WITHOUT AUTHORIZATION THROUGH THIS WEBSITE OR ANY CORRESPONDING DATABASES. SBD SHALL NOT BE LIABLE AS STATED ABOVE REGARDLESS OF THE CAUSE OF ANY DAMAGE INCURRED, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SBD HAS BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THIS MEANS YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS.
FURTHER, YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN ANY MANNER FOR ANY CONDUCT/ACTIONS OF ANY THIRD PARTY WHO MAY USE ANY OF OUR PRODUCTS AND OTHERWISE PARTICIPATES IN THE SERVICES AS A REGISTERED PLAYER. OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES IN ALL OTHER CASES SHALL IN ALL CASES BE LIMITED TO THE TOTAL PURCHASE PRICE OF THE PRODUCT(S) IN QUESTION PAID BY YOU. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
YOU AGREE THAT THE TOTAL AMOUNT OF ANY OTHER DAMAGES INCURRED BY YOU FROM YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE SUM OF $149.00 WHICH SUM IS MEANT TO COMPENSATE YOU FOR ALL DAMAGES STEMMING FROM YOUR USE NO MATTER WHEN SUCH USE OCCURS.
- Exceptions to Disclaimers & Limitations. Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any
required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
WE HAVE NO CONTROL OVER, AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR, WHETHER AND IN WHAT MANNER ANY THIRD-PARTY USES ANY OF YOUR PII (OR NON-PII DATA) COLLECTED BY ANY OF THEM THROUGH YOUR USE OF THE SERVICES, EITHER BY ITSELF OR IN THE AGGREGATE, IN ANY MANNER THAT IDENTIFIES YOU.
We reserve the right, at any time, to amend the provisions of this Agreement. If You do not accept any amendments, this Agreement shall terminate. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such modification(s) and/or You will be notified about any modification(s) by email. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any modifications, You must terminate Your account and this Agreement will then terminate. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised Agreement terms are posted, You agree to be bound by any such revised terms. Your access and use of the Website and the Services will
- Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding Your access to and use of the Services and any Application Data, and supersedes any prior communications, representations or agreements of the parties, whether written or oral.
- Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Venue & Choice of Law. Any claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or the Services may only be brought exclusively in the Wyoming District Court situated in Fremont County, Wyoming, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Services by You. This Agreement shall be construed and enforced under the laws of the state of Wyoming, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
- Waiver. The waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by us of any other or subsequent breach by You.
- Assignment. This Agreement shall inure to the benefit of and shall be binding upon the successors and/or assigns of SBD. You may not assign, delegate or otherwise transfer Your account or all or any part of Your rights or obligations under this Agreement without the prior written consent of SBD.
- Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any right to use the Services including, but not limited to, the restrictions set forth related to Your rights and use of any Application Data under Section 3 and Your obligations under Section 6 will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
- Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of our vendors or service providers, unavailability of interruption or delay in telecommunications or third-party services (including website hosting or DNS propagation), failure of third-party software or hardware or inability to obtain any hardware
Or equipment needed to host the Services or other wise fulfill our obligations to You under this Agreement.