Terms and Conditions

COLLEGE LOAN EXPRESS

TERMS AND CONDITIONS OF SERVICE

 

  1. Binding Agreement; Future Changes. By accessing College Loan Express’s online services, including without limitation, our lending programs, Credit Climber, Tuition Lockbox, Money Matters, and rewards program through our web-based platform or via a mobile application (collectively referred to hereafter as the “Platform”) and by utilizing the services offered through the Platform from time to time (collectively, the “Services”), you agree to the following terms and conditions as the same may be amended from time to time (the “Terms of Service”) by Campus Scientific, Inc., a Florida corporation d/b/a “College Loan Express” (referred to herein as “Us” or “CLX”).  By utilizing the Services you are entering into a contract with Us as set forth in these Terms of Service.  Any changes in the Terms of Service will be binding ten (10) days after the changes are posted, and your continued use of the Services after the effective date of any changes constitutes your acceptance of such changes, and the new Terms of Service will govern all transactions and interactions with the Platform and the Services thereafter.  If you do not wish to accept any changes to the Terms of Service, you may discontinue use of the Platform and the Services.  Notwithstanding the foregoing, in the event that any changes are required in order for the Services, or these Terms and Conditions, to comply with any applicable State or Federal law, such changes shall be effective immediately upon posting.
  2. Privacy Policy. By accessing the Platform and using the Services, you also agree to all terms and conditions set forth in our privacy policy which may be accessed in full at /z/user/privacy/index (the “Privacy Policy”).   The Privacy Policy is incorporated in full into these Terms of Service.
  3. Services, Generally. There are generally two classes of users of the Services, “Students” and “Sponsors.”  As used herein, “Students” are the users which access the Platform for purposes of access to the Services.  “Students” include any legal guardian or parent who may set up a profile on behalf of a minor Student or any co-signer or guarantor of a Student’s obligations on any loan obtained through the Platform (which loan will be provided by a third-party lender). “Sponsors” will access the Platform and Services for purposes of giving support to a Student by making a donation to the Student’s “Lockbox Account” for purposes of funding educational expenses.  Lockbox Accounts while accessed through the Platform, are maintained by a third-party.
  4. Taxes. Donations to a Lockbox Account are gifts, and are not tax deductible, charitable donations.   CLX makes no representation or warranty whatsoever with respect to the tax consequences to Student, or to any Sponsor resulting from the transactions conducted using the Platform.    It is the sole responsibility of any Student or Sponsor using the Services to assess, report, collect, and/or remit any tax to the appropriate taxing authorities, if applicable.
  5. Profiles. By accessing the Platform, and setting up a “Profile” you represent and warrant that all information contained in the Profile is true and correct.  You agree not to post obscene, indecent, offensive or inappropriate content to any Profile.  You are solely responsible for the content of any Profile you create. You agree that we may remove any content from your profile that we deem inappropriate for any reason whatsoever.  If we are notified that you are utilizing the Platform or the Services for any fraudulent purposes, you agree that we may release information with regard to your Profile, or any other information that we may have with respect to transactions involving your account, upon request of any law enforcement agency.
  6. Not a Broker or Financial Institution. The purpose of the Platform and the Services is to assist Students in building their credit, to obtain short term financing of expenses related to their education, to facilitate donations to fund those educational expenses, and to offer rewards and other benefits programs comprising the Services from time to time.  CLX is not a financial institution or licensed or registered broker.   Any lending or financing is provided by a licensed third-party and any loan agreements, promissory notes or similar instruments will be entered into solely between Student and such third-party.  You agree that we have no liability for, and undertake no obligation to fund any loan to you.  Currently, lending Services are available only to residents of the State of Florida and subject to all approvals, underwriting, and other conditions imposed by third-party lenders.  Nothing contained herein, or included in the Platform shall be deemed an offer or commitment to make any loan to a Student, or such Student’s parent, co-signer or guarantor.
  7. Lockbox Accounts. We undertake no obligation to verify either the information contained in any Profile, or the availability or legitimacy of any donation made to a Lockbox Account.  We do not endorse any Student or Profile, and it is the sole responsibility of the Sponsor to verify the legitimacy of any solicitation made by a Student or the content of any Profile prior to making a donation.  Lockbox Accounts are maintained and administered by a third-party.  Lockbox Account monies may not be segregated in a separate account for your sole benefit, and may be comingled with other funds of said third-party administrator.  You will have no right to any interest on monies in your Lockbox Account, and to the extent any amounts shall accrue interest, all such interest shall be the sole and complete property of the third-party administrator and/or CLX.
  8. Registration Information. Before setting up a Profile, you may be required to enter certain information to register as a user of the Services.   In connection with registration, you will select a password.  You are solely responsible for maintaining the confidentiality of your password.  If you believe that your Profile has been hacked or your password compromised, you agree to notify us immediately, or to change your password promptly.  If a Student is under the age of eighteen (18), a parent or legal guardian must complete the registration process and expressly agree to these Terms of Service. 
  9. Availability of Services, Use and Storage. CLX makes no representation or warranty with regard to the availability of the Services, and you agree that we will have no liability to you under any circumstances whatsoever as a result of downtime, unavailability of the Platform, or interruption in the Services.  Use of the Platform and the Services is “as-is” “as-available” basis and at your own risk.  Further, you agree that we may modify, suspend or discontinue the Services at any time, provided however, that we will endeavor to give you reasonable notice of any discontinuation of the Services, and that any discontinuation will otherwise be in accordance with these Terms of Service.  You agree that we may place limits on the amount of data that we may store on our servers on your behalf, and we may change these limits from time to time, and without notice unless notice is required by applicable law.
  10. Donations. Sponsors will be required to enter credit card or other payment information in order to donate to a Student’s Lockbox Account.  A minimum donation amount may apply.  If a Sponsor makes a recurring donation, the Sponsor hereby authorizes CLX to charge the applicable amount to the Sponsor’s account at the agreed upon interval.  The Sponsor undertakes to keep his or her account information current for this purpose.  The Sponsor may discontinue recurring donations with ten (10) business days’ prior notice by logging into the Platform and cancelling the authorization for recurring charges.
  11. Fees. There is no upfront fee associated with registering or setting up a Profile, however, Students and Sponsors may be charged fees from time to time in accordance with our fee policy which may be accessed at https:// collegeloanexpress.com/Fee (the “Fee Policy”).  Generally, fees are assessed on each incoming donation and on each outgoing payment.  Annual fees may also be assessed in accordance with the Fee Policy. The Fee Policy may reflect fees charged by third-parties and passed through to you, including fees charged by any third-party lending institution.  The Fee Policy may be changed from time to time.  Changes will be effective ten (10) business days’ from posting.
  12. Payments from Your Lockbox Account. Upon written request, we will make payment (in an amount not to exceed the balance, less all fees, of your Lockbox Account at the time) either to you (or if you have a co-signer, directly to your co-signer) or directly to the educational institution identified in your Profile for qualified educational expenses, including tuition, fees, books, room and/or board.  It is your obligation to update information related to your educational institution (including any applicable account or student identification numbers) so that payments can be directed accordingly.  We assume no responsibility for verifying payment addresses or account information, and will remit payments based on the most current information in your Profile.  For so long as your Lockbox Account remains active, we will remit monies from your account directly to you or to such educational institution.  If you (or if you have a co-signer, your co-signer) notify us in writing that you wish to close your Lockbox Account and no longer have any need of educational funding, we will remit all remaining funds in your Lockbox Account, less any applicable fees, including a termination fee, within thirty (30) days of receipt of your written request for termination.  We will have no liability whatsoever to any Sponsor in the event that the funds are not used for their intended purposes.
  13. Our Intellectual Property. You acknowledge and agree that the Platform and the Services may be protected by copyright, trademark, patent, trade secret and other laws pertaining to intellectual property rights (“Our Intellectual Property”).  In connection with your use of the Platform and Services, we hereby grant you a non-exclusive, revocable, limited license, to utilize the Platform and Services in strict accordance with these Terms of Service.  You agree that except for the limited license contemplated herein, we retain all right, title, and interest in and to all of Our Intellectual Property, and all derivative works resulting therefrom.   You agree not to modify, copy, sell, distribute or create any derivative works based in whole or in part, or similar in whole or in part to any of Our Intellectual Property, except that the foregoing shall not be deemed to preclude you from uploading your content in connection with creation of a Profile, provided that, in doing so, you strictly adhere to all of these Terms of Service.
  14. User Content. With respect to any content, photos, videos, or other information created by you that you may upload to your Profile, and/or submit in connection your use of the Platform or the Services (“Your Content”), you represent and warrant to Us that you have full right and authority to use the same, and that Your Content does not and will not infringe the rights of any third-party.  You hereby agree to indemnify and hold us harmless from any loss, damage, expense, or third-party claim arising out of, related to, or predicated upon Your Content.  In addition, by uploading Your Content to the Platform, you grant Us an irrevocable, royalty-free, worldwide, fully assignable and transferable license to use Your Content for any purposes we deem fit.  If Your Content includes your name, image or likeness, you hereby release, indemnify and hold Us, together with our employees, agents, and representatives, harmless from and against: (i) any claim for invasion of privacy, publicity, or libel; (ii) any liability for claims related to distortion, alteration, blurring, optical illusion, or other use and exploitation of Your Content; and (iii) any liability for claims made by you in connection with Your Content, including your name, image or likeness.  You further acknowledge and agree that your use of the Platform and Services is fully voluntary, and that you will not be entitled to any compensation from Us related to any use by us of Your Content pursuant to the license granted to us herein, and the sole consideration payable to you in connection therewith is the opportunity to use the Platform and the Services.  If we determine or suspect, in our sole discretion,  that any of Your Content is infringing (or otherwise inappropriate) we may remove the same immediately and without notice or liability to you.
  15. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR ACCESS OF THE PLATFORM AND USE OF THE SERVICES IS AT YOUR SOLE AND COMPLETE RISK.  THE SERVICES ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS.  CLX, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE TO THE GREATEST EXTENT ALLOWABLE BY LAW ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  CLX MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY PARTICULAR LEVEL OF SUCCESS WILL BE ACHIEVED THROUGH USE OF THE SERVICES; OR (IV) THE QUALITY OF THE PLATFORM, SERVICES, OR ANY OTHER INFORMATION OR MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET WITH YOUR EXPECTATIONS. CERTAIN SERVICES ARE PROVIDED BY THIRD-PARTIES, AND CLX MAKES NO REPRESENTATION OR WARRANTY REGARDING SUCH THIRD PARTY SERVICES AND SHALL HAVE NO LIABILITY RELATED TO SAME.
  16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWABLE BY LAW YOU AGREE THAT CLX, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND/OR AFFILIATES, SHALL HAVE NO LIABILITY TO YOU UNDER ANY CIRCUMSTANCES FOR (I) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF CLX HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME); (III) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA UPLOADED TO, OR TRANSMITTED BY YOU USING THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING THE SERVICES; OR (VI) ANY OTHER MATTER RELATED TO THE PLATFORM AND THE SERVICES.  UNDER NO CIRCUMSTANCES SHALL CLX’S LIABILITY TO YOU FOR ALL DAMAGES INCURRED BY YOU (WHETHER BASED ON THEORIES OF CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID CLX IN THE PREVIOUS SIX MONTHS, OR IF GREATER ONE HUNDRED DOLLARS ($100.00 USD).

 

NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OR EXCLUSIONS FOR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

  1. Dispute Resolution. You agree with Us that in the event of any dispute or claims between you and Us, that such claim or dispute shall be settled exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, supplemented, if the arbitrator deems appropriate by the Supplementary Procedures for Consumer Related Disputes (collectively referred to hereafter as the “AAA Rules”).  This agreement to arbitrate covers all disputes and claims including any claims related to these Terms of Service, claims that may be the subject of a purported “Class Action;” claims between you and Us that arose prior to any agreement between you and Us; and any and all other claims arising out of or relating to any relationship between you and Us, including all claims related to the Services and the Platform.  This arbitration provision shall survive any termination of these Terms of Service.    The arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief.  You agree that you will bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  If the foregoing provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  2. Termination. We may terminate your rights to access the Platform and use the Services at any time and without notice to you.  Upon termination, our only obligation to you shall be to remit to you any balance then set forth in your Lockbox Account, less applicable fees, including termination fees (as the same are set forth in the Fee Policy at the time of termination).  CLX shall have no liability to you, or to any Sponsor arising out of relating to any termination.
  3. Miscellaneous. These Terms of Service shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws principles.  If any claim is not deemed subject to the arbitration clause set forth herein, then you agree with Us to submit to the personal and exclusive jurisdiction of the courts of the State of Florida, County of Volusia, or if jurisdiction is proper, of the United States District Court for the Middle District of Florida.  Notwithstanding any law or statute to the contrary, you agree that any claim or cause of action arising out of or relating to the Platform, the Services, or these Terms of Service must be filed within one (1) year or it will be forever barred.  You may not assign any rights or obligations under these Terms of Service without our consent.  If CLX fails to enforce any rights it may have hereunder, such failure shall not be deemed a waiver unless CLX expressly waives its rights in writing.  CLX may send you notices hereunder in writing to the address in your Profile or registration information.  We may also post notices to the Platform and may provide you with notice of changes to these Terms of Service by displaying links or providing notices in connection with the Services.  Headings set forth in these Terms of Service are for convenience only and shall not be given effect in the construction of the terms and conditions set forth herein.

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