TERMS OF SERVICE
Effective Date: October 31, 2014
Please read the Terms of service carefully. It contains important terms and conditions that affect you and your use of this website and related services, including the requirement that disputes be settled by arbitration (and not by lawsuit) and a limit on the time you have to bring claims against Loanscribe Corp.
Acceptance of Terms of Service
Loanscribe CORP. and its subsidiaries and affiliates (collectively, “Loanscribe”) operate loanscribe.com, a site that provides financing, refinancing and consolidation solutions for student loans. These Terms of Service set forth the terms and conditions that apply to your use of the Loanscribe Site. BY USING THE Loanscribe Site OR ANY AREA MAINTAINED BY A PARTNER (AS HEREINAFTER DEFINED) THAT YOU ACCESS THROUGH Loanscribe, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH Loanscribe. If you do not agree to be bound by these Terms of Service, please discontinue your use of the Loanscribe site.
From time to time, Loanscribe may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the Loanscribe Site to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Modification, Amendment, Supplement, and Termination of Terms of Service or the Loanscribe Site
Loanscribe may modify or discontinue the Loanscribe Site, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party.
Partners of Loanscribe
Loanscribe provides its users with access to websites maintained by third parties (each, “Partner”). Loanscribe is not responsible for any content on any website maintained by a Partner, nor for any acts or omissions of any Partner. Any claim that you may have against a Partner shall be a matter between you and such Partner, to the exclusion of Loanscribe.
Registration as Member
Although portions of the Loanscribe Site may be viewed simply by visiting the relevant web page, in order to access some specialized areas and/or receive additional services from Loanscribe you need to register as a member of Loanscribe. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Loanscribe, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
When you register as a member of Loanscribe, you will be required to provide us with the following information: your legal name, mailing address, a valid e-mail address, date of birth, phone number, employment status, salary, education, member name and password. In addition, you may choose to provide additional information, which will be optional, and in certain circumstances, express authorization to perform credit checks, among other things.
Termination of Registration or Access
Loanscribe reserves the right, at its sole discretion, to immediately, without notice: (i) delete any or all content provided by you or your agent(s) to the Loanscribe Site; (ii) discontinue your registration(s) with the Loanscribe Site and/or any other Loanscribe Site; (iii) discontinue your access to any digital product, product, course, event, content, tool or service purchased through the Loanscribe Site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Loanscribe deems to be appropriate, upon Loanscribe’s determination that (a) you have provided Loanscribe with false or misleading registration information, (b) you have committed any breach of these Terms of Service, (c) your access to any Partner site has been terminated or suspended, (d) you have engaged in conduct that Loanscribe and/or its Partners believe is harmful to Loanscibe members and/or its Partners or other third-party information providers, or (e) your use of the service could lead to offline behavior that is harmful to you, other Loanscribe members, the public. Depending on the severity of the matter, number of complaints (if any), and other factors, Loanscribe or a Partner may or may not send you warning emails before taking any of the actions described in this paragraph.
If your registration(s) with or ability to access the Loanscribe Site, any other Loanscribe site and/or any other service, product, content, course, event, tool or digital product provided to you by Loanscribe is discontinued by Loanscribe due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the Loanscribe Site, then you agree that you shall not attempt to re-register with or access the Loanscribe Site, any other Loanscribe site and/or any other digital product, course content or service provided by Loanscribe, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated.
Loanscribe reserves the right to terminate access to the Loanscribe Site including any or all content, services, digital products, products, events, courses or tools with or without notice. Loanscribe reserves the right (at Loanscribe’s discretion) to provide you with notice of such change by prominently posting a notice on the Loanscribe Site and/or sending written notice to you at any e-mail and/or post office address you have provided to Loanscribe.
Content Produced by Members
You are responsible for any materials you post or make available on or through Loanscribe or any Partner areas, including but not limited to message board posts, blogs, personal profile and member profile pages. In addition, you are responsible for the consequences of any content you post or otherwise make available on or through Loanscribe or any Partner area. By submitting or otherwise making available materials on or through Loanscribe you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.
By submitting or otherwise making available materials to public areas of Loanscribe you agree that Loanscribe and each Partner will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under the foregoing sentence, Loanscribe reserves the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within Loanscribe and/or any Partner area, along with your screen name or any nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by Loanscribe or any Partner. You also agree that Loanscribe and any Partner may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.
You acknowledge and agree that Loanscribe and all Partners each reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.
You agree not to use Loanscribe to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of either Loanscribe or any Partner.
Any images you post in personal profiles must be of you only. If you post a photo, Loanscribe and/or each Partner may feature you and your photo as a Member of the Day on any Loanscribe Sites and any or all Partner areas.
Third Party Services
You may order goods or services through the Loanscribe Site from persons not affiliated with Loanscribe (“Sellers”). All matters concerning the goods and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Seller. Loanscribe makes no warranties or representations whatsoever with regard to any goods or services provided by any Seller. You will not consider Loanscribe nor will Loanscribe be construed as a party to such transactions, whether or not Loanscribe may have received some form of revenue or other remuneration in connection with the transaction, nor will Loanscribe be liable for any claim you or any other person may have that arises either directly or indirectly, from such transaction.
Member Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Loanscribe of any unauthorized use of the account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing email@example.com. All Loanscribe services are provided on a “final sale” basis and any fee or other charge associated with such services and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported within 60 days to firstname.lastname@example.org, or will be waived.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Loanscribe infringe your copyright, you (or your agent) may send Loanscribe a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Loanscribe to locate the material on the Loanscribe Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Loanscribe a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Support@Loanscribe.com. Loanscribe suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE LOANSCRIBE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE LOANSCRIBE SITE, IS AT YOUR SOLE RISK. THE LOANSCRIBE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOANSCRIBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LOANSCRIBE MAKES NO WARRANTY THAT THE LOANSCRIBE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE LOANSCRIBE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOANSCRIBE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOANSCRIBE SITE. LOANSCRIBE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE LOANSCRIBE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOANSCRIBE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT LOANSCRIBE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE LOANSCRIBE SITE. LOANSCRIBE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER LOANSCRIBE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE LOANSCRIBE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. LOANSCRIBE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
LOANSCRIBE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE LOANSCRIBE SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE LOANSCRIBE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOANSCRIBE OR THROUGH THE LOANSCRIBE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LOANSCRIBE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE LOANSCRIBE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LOANSCRIBE SITE.
LOANSCRIBE IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE LOANSCRIBE SITE. LOANSCRIBE MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH LOANSCRIBE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST LOANSCRIBE WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, IF ANY, LOANSCRIBE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. LOANSCRIBE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE LOANSCRIBE SITE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY LOANSCRIBE AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE LOANSCRIBE SITE, YOU WAIVE ANY CLAIMS AGAINST LOANSCRIBE FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
Limitation of Liability
LOANSCRIBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LOANSCRIBE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE LOANSCRIBE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF LOANSCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Loanscribe and/or third parties, including Loanscribe’s Partners, may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Loanscribe makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Loanscribe nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of Loanscribe, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Loanscribe Site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflicts of laws provisions. By registering for or entering the Loanscribe Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey.
In the event that any provision of these Terms of Service conflicts with the law under which these Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of Loanscribe or you to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment of such right to assert or rely upon any such provision or right in that or any other instance.
Loanscribe may assign its rights and obligations under these Terms of Service and upon such assignment Loanscribe shall be relieved of any further obligation hereunder.
You represent to Loanscribe that you have the authority to register with or visit the Loanscribe Site according to these Terms of Service. Loanscribe does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit the Loanscribe Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Loanscribe, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.