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TERMS OF USE


Revised: February 3, 2012

  1. Acceptance of Terms.

    By using this Website, you agree to the Terms of Use.

    Vermont Student Assistance Corporation (“VSAC") maintains this website on the Internet for students, parents, financial aid professionals, education lenders, and others interested in learning about access to education, training, and career opportunities and for those interested in applying to VSAC for education loans.

    Please read these Terms of Use carefully. They govern the use of our website and form a legally binding agreement between you and VSAC. If you do not agree to abide by the Terms of Use, you must not use this website. These Terms of Use apply to this website and the other VSAC websites or web applications that display or link to these Terms of Use.

    VSAC’s Privacy Policy is hereby incorporated into the Terms of Use by this reference.

  2. Conditions on the Use of the Website.

    The website is available only to individuals who are authorized to use it or otherwise permitted under applicable law. You agree to abide by these Terms of Use when using the website. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this website. You agree to provide only true, accurate, and complete information. You agree to be solely responsible for your actions and the contents of your transmissions through this website. You agree that you are solely responsible for any material that you post on or transmit through this website. You are also solely responsible for any damages resulting from that post or transmission.

    You may not post on or transmit through the website any data, text, music, sound, photographs, graphics, video, messages, or other material that:

    1. is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
    2. constitutes a breach of any person's privacy or publicity rights;
    3. violates any statute, regulation or ordinance;
    4. promotes software or services that deliver unsolicited mail; or
    5. promotes, encourages, or facilitates terrorism or other activities that risk national security.

    You may not upload, post, email, or otherwise transmit any material on or through the website that:

    1. contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
    2. is knowingly untrue, inaccurate, or misleading;
    3. obtains information from or through the website in an unauthorized manner; or
    4. damages or interferes with the operations of the website or with other users of this website.

    You further agree that you will not:

    1. Impersonate any person or entity;
    2. Falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted on or through the website;
    4. Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the website;
    5. Harvest, collect, or store information about the users of this website or the other material posted by others on this website;
    6. Use content for any purpose inconsistent with the purpose of this website;
    7. Use the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages;
    8. Use any automated procedure to gather information or data from the website by means of what is commonly called a "bot" or otherwise;
    9. Interfere with or disrupt the website, servers, or networks connected to the website;
    10. Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the website (or that of any third party that is hosting or interfacing with any part of the website);
    11. Create any frames at any other websites pertaining to or using any of the information provided through the website, or promote bonus items, giveaways, random drawings, contests, or prizes on the website; or
    12. Duplicate, copy, or otherwise exploit the Website or its contents for commercial purposes.

  3. VSAC may modify or discontinue this website, temporarily or permanently, for any reason, at its sole discretion, with or without notice to you.

  4. Login and Passwords.

    You agree to only access the website and our computer systems by viewing publicly available web pages or logging in using the method of authentication we provide you. You agree not to obtain customer or business information you are not authorized to obtain. You agree to protect and maintain the confidentiality of any passwords or authorization methods that we give you. You further agree that you are solely responsible for all activity under any account you may create with our website. This responsibility includes any misuse of your password by you or anyone else and any damages caused because of that misuse.

    You agree to notify VSAC immediately, in writing, in the event you become aware of any unauthorized use of your password or account. We may rely on the provision of your username and password as identifying and authenticating you as the user.

    You agree to exit the website by logging off from your account after you have finished your session.

  5. User Submissions.

    If you post information on any of our blogs or forums, you warrant that you own or control rights to the material or that the material does not contain copyrighted or protected information. You agree that you are solely liable for damages caused by such submissions. You warrant that the material you submit on these forums or blogs does not violate the Terms of Use and will not cause injury to another person or entity.

    VSAC reserves the right, but not the duty, to monitor your posts. VSAC may delete, revise, or refuse to post material you submit on our blogs or forums. VSAC may terminate your right to use the website as a result of these posts. You agree that VSAC is not bound by any confidentiality requirements for these posts. You grant VSAC a non-exclusive, world-wide, royalty-free, perpetual license to use, copy, reproduce, modify, publish, translate, adapt, publicly display, publicly perform, or distribute the material you submit on our blogs or forums.

  6. Mobile.

    By providing VSAC with your mobile phone number, you consent to receiving text messages from VSAC at that number. If you change or deactivate the mobile phone number you have provided to VSAC, you shall immediately update your account information with VSAC or any other VSAC web application sending text messages to that mobile phone number.

    We currently provide our mobile and text messaging services for free. However, your mobile phone carrier’s standard messaging rates, internet access rates, or other fees may apply. You are solely responsible for the payment of those rates or fees.

  7. Termination and Service Disruption.

    VSAC may, at its sole discretion, suspend, or terminate your use of the website on any grounds, without notice, and without liability to you or any third party. If your use of the website is terminated, you will still remain liable for any obligations you have incurred in connection with using the website. We have the right to bar you from accessing the website without liability to you or any third party.

    You may terminate your relationship with VSAC by notifying VSAC in writing using the information in the “Notice and Contacting VSAC" section below.

    We do not warrant that the website will be uninterrupted, not delayed, or free from error. VSAC will not be held responsible for interruptions to the website. VSAC is not liable for failures or delays caused by matters beyond its reasonable control. These matters include government acts or restrictions, acts of terrorism, fires, floods, earthquakes, hurricanes or other natural disasters or acts of God, wars, riots, strikes, network, server or power disturbances or failures, software glitches, internet disturbances, labor disputes or unrest, or intellectual property disputes.

  8. Modifications to the Terms of Use.

    VSAC may unilaterally modify the Terms of Use from time to time, by posting a notice on our website. Any modifications or revisions of the Terms of Use will be effective immediately upon posting on the website. Unless you notify us to the contrary, these changes will take effect 10 days after we post these changes to our website. The rejection of these proposed changes will amount to the rejection of the modifications and your notice of termination. You will be deemed to have accepted the changes unless you notify VSAC before the proposed date of the modifications.

    You agree to review the Terms of Use frequently to ensure that you are aware of any changes. You may not alter, supplement, or amend this document unless VSAC agrees in a written agreement signed by both you and VSAC. Your attempts to alter, supplement, or amend the Terms of Use using another method are invalid.

  9. Intellectual Property Rights.

    This website contains the intellectual property of VSAC and other third parties and is protected by U.S. and international copyright law and other intellectual property laws. Unauthorized reproduction or distribution of its contents, in whole or in part, without the express written consent of VSAC, may result in civil and criminal penalties, and will be prosecuted to the maximum extent possible under law. The publication or dissemination of any link to the contents of this website, other than a link to www.vsac.org, without the express, written consent of VSAC, is prohibited.

    VSAC grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to view, download, or print content available on the website. The content you view, download, or print may be subject to other licenses and you agree to abide by those licenses. VSAC may limit your ability to view, download, or print content at its sole discretion.

    VSAC grants you a limited, non-exclusive, royalty-free, temporary license to use, copy, reproduce, publish, publicly display, and publicly perform the VSAC Road Map Widget on your website in the United States. VSAC may revoke this license at any time at its sole discretion with reasonable notice to you or your website.

    Unless otherwise stated, nothing within the Terms of Use or the website shall be construed as conferring any license under the Terms of Use of any of VSAC’s intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. You agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this website. You agree not to use any of the trademarks, service marks, or other content accessible through the website for any purpose other than the purpose for which this content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this website. Unless otherwise stated, you agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer this website or any software or programs used in connection with this website.

  10. Unsolicited Idea Submission Policy.

    We do not accept unsolicited ideas. VSAC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans, or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to VSAC or anyone at VSAC.

    If you still send these ideas, they will be considered non-confidential and non-proprietary regardless of what the transmission states. In addition, these submissions will automatically become the property of VSAC without compensation to you. VSAC will have no obligations with respect to these submissions.

    However, your personal information will continue to be treated according to our Privacy Policy.

  11. Links to Third-Party Websites

    This website may contain connections or links to other websites owned or operated by third parties that offer their own services or products to you. VSAC does not control these other websites and is not responsible for the products or services offered on these sites, or their availability, content and security. VSAC's inclusion of a connection, hyperlink, or reference to a third-party website on our website does not imply any endorsement of that site or any materials or information provided therein.

    VSAC provides no warranty as to the accuracy, availability, completeness, or legality of any information found on these sites. VSAC provides no warranty that these sites are virus free and will not otherwise harm your device, computer, network, or system. VSAC is not liable for these sites’ actions or their failure to act. These websites likely have their own privacy policies and terms of use that you may be bound by. You agree to be responsible to review those documents. Your use of those sites is at your own risk.

    For example, VSAC’s website may include links to Facebook and other social networking sites. VSAC does not control or endorse Facebook nor is VSAC responsible for the products or services offered by Facebook. You agree to be responsible to review Facebook’s privacy policies and terms of use. You agree to be bound by them. Your use of Facebook is at your own risk.

  12. Copyright Infringement Notification.

    To file a copyright infringement with VSAC, you must send a written communication to us that substantially includes:

    1. The physical or electronic signature of the owner of the copyright or the person authorized to act on behalf of the owner;
    2. Either identification of the copyrighted work claimed to have been infringed, or identification of a representative list of such works if multiple copyrighted works are involved;
    3. Identification of the location of an original or an authorized copy of the copyrighted work, such as a URL;
    4. Information reasonably sufficient to find the allegedly infringing material on VSAC websites, such as the URL of the material;
    5. Information reasonably sufficient to permit VSAC to contact you, such as an address, a telephone number, and an electronic mail address if available;
    6. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
    7. A statement made by you under penalty of perjury that the information in the notification is accurate and that you are either the owner of the copyright or that you are authorized to act on behalf of the owner.

    Please send your written communication to:

    DMCA Complaints
    10 East Allen Street
    PO Box 2000
    Winooski VT 05404

    or

    Fax: Attn: DMCA Complaints 802-654-3765

    or

    Email: DMCA@vsac.org

    Please note that any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it under 17 U.S.C. § 512(f).

  13. Indemnification.

    You agree to defend, indemnify and hold harmless VSAC and its affiliates, subsidiaries, agents and their respective officers, directors, employees, and agents from and against all claims, liabilities, and expenses arising from:

    1. Your use of the Website;
    2. Failure to comply with the Terms of Use;
    3. Negligence, actions, or omissions;
    4. Violation or alleged violation of any law; or
    5. Violation or alleged violation of the rights of a third party.

  14. LIMITATION OF LIABILITY.

    YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. VSAC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES. VSAC SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE. VSAC IS NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES THAT ARISE THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. THIS LIMITATION INCLUDES LOSS, COST, OR EXPENSE CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. LOSSES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFIT, GOODWILL, BUSINESS REPUTATION, OR DATA. COSTS INCLUDE, BUT ARE NOT LIMITED TO, THE COST OF PROCURING SUBSTITUTE SERVICES. EXPENSES INCLUDE, BUT ARE NOT LIMITED TO, LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS.

    YOU FURTHER AGREE THAT VSAC SHALL NOT LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR RELIANCE UPON THE ACCURACY, COMPLETENESS, OR EXISTENCE OF ANY ADVERTISING ON THE WEBSITE, OR ANY TRANSACTION YOU HAVE HAD WITH A WEBSITE ADVERTISER OR SPONSOR. VSAC SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO ANY CHANGES VSAC MAY HAVE MADE TO THE WEBSITE. VSAC SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF SERVICE IN THE WEBSITE OR FEATURES THEREOF OR THE DELETION OR CORRUPTION OF DATA MAINTAINED IN OR TRANSMITTED BY THE WEBSITE. VSAC SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO GIVE US ACCURATE INFORMATION ABOUT YOU, OR ANY ACCOUNT YOU MAY CREATE WITH OUR WEBSITE. VSAC SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES DUE TO YOUR FAILURE TO KEEP YOUR INFORMATION CONFIDENTIAL AND SECURE.

    THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF WHETHER VSAC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE. THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.

    ALTHOUGH VSAC OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE MAY MONITOR OR REVIEW TRANSMISSIONS, POSTINGS, DISCUSSIONS, OR CHATS, VSAC AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, DELIVERING, OR OPERATING THIS WEBSITE, ASSUME NO RESPONSIBILITY OR LIABILITY THAT MAY ARISE FROM ANY CONTENT. THIS LIMITATION INCLUDES CLAIMS FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION.

  15. DISCLAIMER OF WARRANTIES.

    YOU AGREE THAT ALL ACCESS AND USE OF THIS WEBSITE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE." VSAC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THIS SITE OR THE INFORMATION, SOFTWARE, FUNCTIONS, PROCESSES OR OTHER CONTENT HEREIN. ANY LOAN AMOUNTS, INTEREST, FEES, OR ANY OTHER COSTS CALCULATED THROUGH THIS WEBSITE ARE PROVIDED AS ESTIMATES.

    VSAC DISCLAIMS ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS, ARISING FROM TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, OF THIS WEBSITE.

    VSAC DISCLAIMS ANY WARRANTY THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE OR THAT WE WILL CORRECT ANY DEFECTS THAT ARE FOUND.

    BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THIS WEBSITE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF DELIVERY, INCOMPLETE COMMUNICATION, INTERRUPTION OF SERVICE, LOST OR DAMAGED DATA, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.

    VSAC MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.

    THE TERMS OF USE DO NOT AFFECT THOSE STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.

  16. Choice of Law and Venue.

    The Terms of Use shall be governed solely and exclusively by the law of the State of Vermont, excluding its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to this website or the Terms of Use shall be filed exclusively in the state or federal courts located in Chittenden County, Vermont, and you hereby consent and submit to the personal jurisdiction of such courts.

  17. Notice and Contacting VSAC.

    We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our website, or by any other reasonable methods. You also agree that we may post changes to the Terms of Use or other matters through links on our website.

    You may contact us by mail at:

    Vermont Student Assistance Corporation
    10 East Allen Street
    PO Box 2000
    Winooski VT 05404

    You may contact us by phone at 1-800-642-3177 or 1-802-655-9602 or by email at info@vsac.org. You may find more detailed contact information here.

  18. Additional Terms.

    Headings. Headings contained in the Terms of Use are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the terms in the Terms of Use.

    Competence. You represent that you are of legal age to enter into this legally binding agreement. You represent that you are capable of entering into this legally binding agreement with VSAC.

    No Waiver. The failure of VSAC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

    Severability. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

    No Third Party Rights. The Terms of Use does not confer any third party rights to any person who is not a party.

    Time Limits. You agree that, regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to the use of this website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Successors and Assigns. The Terms of Use benefit and bind VSAC, its successors, and its assigns. The Terms of Use also bind and benefit you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns, and related persons.

    No agency. Nothing contained in the Terms of Use shall be deemed to constitute either party as the agent or representative of the other party. VSAC and you are not joint venturers or partners for any purpose.

    Assignment. You and the persons you represent may not assign the Terms of Use or your rights and obligations under it without the express prior written consent of VSAC. We may withhold this consent in our sole discretion. VSAC may assign the Terms of Use and our rights and obligations under it without your consent or the consent of any persons you represent.

    Entire Agreement. The Terms of Use constitutes the entire agreement between you and VSAC.

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