Terms of Use
The "Loan to Learn®" student loan program offered through this Website ("Website")
is brought to you by EduCap Inc.® ("EduCap"). This Website (the "Website") is owned
and operated by EduCap, the administrator of the loan program. EduCap provides this
Website and its related services to you subject to the following notices, terms
and conditions ("Terms of Use"). Please read these Terms of Use carefully BEFORE
using the Website. Your continuing access and/or use of this Website SIGNIFIES YOUR
ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these
Terms of Use, you may choose not to use the Website. You agree that EduCap may,
at its sole discretion, terminate your access to this Website at any time without
notice. Any additional terms and conditions proposed by you which are in addition
to or which conflict with these terms and conditions of service are expressly rejected
by EduCap and shall be of no force or effect. Any rights not expressly granted herein
are reserved.
Modifications and Updates
Fees, interest rates, repayment terms, penalties, annual percentage rates and all
other information on this Website are subject to change without notice, unless otherwise
specifically required in writing by state or federal law. CHANGES ARE PERIODICALLY
MADE TO THESE TERMS OF USE. EDUCAP MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS
AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE DISCRETION. The most current
version of these terms can be reviewed by clicking on the "Terms of Use" link located
at the bottom of our Website pages. These notices, terms and conditions are subject
to change in the sole and absolute discretion of EduCap. All updates, enhancements,
new features and or the addition of additional web properties (in the form of additional
web pages or Websites) are immediately subject to these terms and conditions. Your
continued use of the EduCap Website constitutes your continued acceptance to all
such notices, terms and conditions as modified.
Use of Site
EduCap may, in its sole discretion and without notice, deny any person or company's
access to this Website or any portion thereof. As a condition of your use of this
Website, you will not use the Website for any purpose that is unlawful or prohibited
by these Terms of Use. You may not use this Website in any manner that could damage,
disable, overburden or impair any EduCap server or interfere with any other party's
use and enjoyment of the Website and services offered herein. You may not attempt
to gain unauthorized access to EduCap's or other's accounts, information, computer
systems or networks connected to the EduCap server or to any of the services or
products offered via the Website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Website. This Website, any
portion of this Website and any software, content, products or services obtained
herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced,
modified, distributed, transmitted, duplicated, copied, sold, resold, displayed,
performed, published, licensed, used to create derivative works from, transferred
or otherwise exploited for any commercial purpose that is not expressly granted
by EduCap. EduCap reserves the right to refuse service, in its discretion, including,
without limitation, if EduCap believes that conduct violates applicable law, is
harmful to the interests of EduCap and its affiliates or any other reason. EduCap
further reserves the right to pursue any legal action available against any user
whose use violates the state, federal or local law or these Terms of Use. Availability
of this Website or particular information or services herein is subject to change
without notice.
Electronic Notice Disclosure and Consent
By agreeing to these Terms of Use, you are consenting to receive electronically
all disclosures and notices required by applicable law including but not limited
to our privacy disclosures and notices. You affirmatively consent to receive, and
acknowledge that you can access, receive and retain, the disclosures and notices
electronically or by electronic means and not in paper or other forms. You further
acknowledge that by accessing the EduCap website you have reasonably demonstrated
that you can access, receive and retain the disclosures and notices electronically
in the formats we provide.
If you have a co-signer or co-borrower with respect to the "Loan to Learn®" student
loan program, your co-signer or co-borrower may request that he or she separately
receive disclosures and notices required by applicable law. In the event that a
co-borrower or co-signer wishes to separately receive all such disclosures and notices,
please contact EduCap at the following email address: support@loantolearn.com
Indemnification
You agree to indemnify, defend and hold EduCap harmless from and against any and
all claims, liabilities, damages, losses or expenses (including reasonable attorney's
fees and costs) arising out of, based on, or in connection with your unlawful or
unauthorized access and/or use of this Website.
Children Under 18
EduCap does not offer loan program information or services to children. If you are
under 18, you may use this Website only with involvement of a parent or guardian.
EduCap reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders/ requests in its sole discretion.
Account Creation
In order to obtain access to certain portions of this Website, you may be required
to create an account with a username and password. You will provide EduCap with
certain registration information, all of which must be accurate, truthful and updated.
You shall not: (i) select a username already used by another person, (ii) use a
username in which another person has rights without such person's authorization;
or (iii) use a username or password that EduCap, in its sole discretion, deems offensive
or inappropriate. EduCap reserves the right to deny creation of your account based
on EduCap's inability to verify the authenticity of your registration information.
You shall be solely responsible for maintaining the confidentiality of your password.
You shall immediately notify EduCap of any known or suspected unauthorized use of
you account, or any known or suspected breach of security, including loss, theft
or unauthorized disclosure of your password or credit card information. If you use
this Website, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer and you agree to accept
responsibility for all activities that occur under your account or password. You
are fully responsible for all usage or activity on your account, including but not
limited to use of the account by any third party authorized by you to use your username
and password. EduCap reserves the right to terminate your account, in its sole discretion,
at any time without notice. You may also terminate your account at any time in writing.
You are responsible for all charges incurred up to the time the account is terminated.
Notwithstanding anything else herein, EduCap reserves the right to pursue any and
all claims against any user of your account. You agree to maintain only one account
on this Website at any time and you certify that you currently have no other account(s)
on the Website.
Unsolicited Idea Submission Policy
EduCap or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, suggestions, new promotions, new products or
technologies, concepts, ideas, notes, designs, materials, marketing plans, new product
names or other materials or processes other than those it has specifically requested.
Please do not send any original creative artwork, samples, demos, or other works.
The sole purpose of this policy is to avoid potential misunderstandings or disputes
when EduCap's products or marketing strategies might seem similar to ideas submitted
to EduCap. So, please do not send your unsolicited ideas to EduCap or anyone at
EduCap. If despite our request that you not send us your ideas and materials, you
still send them, please understand that EduCap makes no assurances that your ideas
and materials will be treated as confidential or proprietary. Unless otherwise agreed,
EduCap may edit, copy, publish, distribute, translate and otherwise use in any medium
any such materials that you forward to EduCap and will own exclusively all such
rights, titles and interest and shall not be limited in any way in its use, commercial
or otherwise. EduCap is and shall be under no obligation to: (1) maintain any of
your materials in confidence; (2) to pay to you or any user any compensation for
any such materials; or (3) to respond to any of your or any other user's materials.
Links to Third Party Sites
EduCap may contain links to other Websites ("Linked Sites"). Linking to such Linked
Sites will let you leave the Website. Unless otherwise indicated, EduCap is not
affiliated with any of the Linked Sites. The Linked Sites are not under the control
of EduCap and EduCap is not responsible for the treatment of any personal information
you submit to those Linked Sites or the contents of any Linked Site, including,
without limitation, any link contained in a Linked Site, or any changes or updates
to a Linked Site. EduCap does not endorse or make any representations about any
Linked Site, any information, software or other products or materials found in a
Linked Site, or any results that may be obtained from using these links. EduCap
is providing these links as a mere convenience to you, and the inclusion of any
link does not imply endorsement by EduCap. If you decide to access any of the third
party Websites linked from this Website, you do so entirely at your own risk.
Linking to EduCap
Linking to EduCap from another Website ("Linking Site") is only allowed under the
following conditions. A Linking Site may link to, but not replicate, EduCap's content.
A Linking Site shall not create a frame, browser or border environment to EduCap's
content and a Linking Site shall not imply that EduCap is endorsing it or its products.
The Linking Site shall not misrepresent the Linking Site's relationship with EduCap,
shall not provide false information about EduCap's products or services, and shall
not unlawfully use the copyrights or trademarks owned by EduCap or others. Linking
Sites shall abide by any and all applicable laws.
Limitation of Liability
This Website and all information, content, services, goods, advertisements, documents
and related graphics provided herein are provided "as is" without warranty of any
kind. The information, documents and related graphics published on this Website
could include technical inaccuracies or typographical error. EduCap makes no representations
or warranties of any kind, express or implied, as to the operation of the Website
or the information, content materials or products included on this Website. To the
fullest extent possible by applicable law, EduCap and its affiliates, officers,
directors and employees hereby disclaim all warranties and conditions with regard
to this information, including all warranties and conditions of merchantability,
whether express, implied or statutory, fitness for a particular purpose, title and
non-infringement. EduCap does not warrant that the Website is compatible with your
equipment or that the related services therein are free of errors, viruses, worms,
"trojan horses" or any other harmful, invasive or corrupted files and is not liable
for any damages you may suffer as a result of such destructive features. In no event,
shall EduCap and or its affiliates, officers, directors or employees be liable for
any special, indirect or consequential damages or any damages whatsoever resulting
from loss of use, data or profits, whether in an action of contract, negligence
or other tortuous action, arising out of or in connection with the use or performance
of this Website or software, documents, provision of or failure to provide services,
or information available from EduCap through this Website.
Copyright Notice
Copyright © 2006, EduCap Inc. All rights reserved.
Copyright
Unless otherwise specifically stated, all content and otherwise protectable features
of this Website, including but not limited to the design, arrangements, layout,
software, text, graphics and images were created by or at the direction of EduCap,
are the property of EduCap and are protected by United States and international
copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED
UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY EDUCAP® IN WRITING. The compilation,
collection, arrangement, and assembly of all content on this site is the exclusive
property of EduCap and is protected by United States and international copyright
laws. All software and tools used on this site are the property of EduCap or its
software suppliers and are protected by United States and international copyright
laws. The images used on this Website are the property of their respective copyright
owners, and are used by EduCap pursuant to authorization from the copyright owners
or their agents. The content, images and software on this Website may be used as
a resource. You may also use, view, print and/or download informational materials
from this Website solely for your personal, informational, or non-commercial use,
provided you keep intact all copyright and other proprietary notices. Any other
use, including, the reproduction, modification, distribution, transmission, republication
or display, of the content, images and software on this Website is strictly prohibited.
Trademarks
"EDUCAP," "EDUCAP INC.®," and the stylized "Loan to Learn®" logo along with all
other trademarks, services marks, and logos whether registered or not, set forth
on this Website are the sole property of EduCap, unless otherwise noted herein.
You have no right to use any such trademarks, service marks or logos and nothing
contained in this Website or the Terms of Use grants any right to use them without
the prior written permission of EduCap or the respective owner. More particularly,
EduCap's trademarks may not be used in connection with any product or service that
is not owned by EduCap in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits EduCap or the Loan to Learn student
loan program. Any trademarks not owned by EduCap that appear on this Website are
the property of their respective owners and may not be used in connection with any
product or service that is not owned by the trademark owners in any manner that
is likely to cause confusion among customers, or in any manner that disparages or
discredits the trademark owners. All of the above trademarks may not be copied,
downloaded or otherwise exploited without the permission of EduCap or the owner
of such trademark, service mark or trade name, except as explicitly permitted by
the trademark owner.
Export Control
Unless otherwise specified, the materials on this Website are presented solely to
provide information regarding and to promote EduCap's services and other products
available in the United States, its territories, possessions and protectorates.
The Website is controlled and operated by EduCap from its offices within the Commonwealth
of Virginia, United States of America. EduCap makes no representation that materials
on the Service are appropriate or available for use outside the United States. Those
who choose to access the Website from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the extent
that local laws are applicable. Software from the Website is further subject to
United States export controls. No software from the Website may be downloaded or
otherwise exported or re-exported (A) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
using the Website, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
Severability
If any provision of these terms, conditions and notices are found to be invalid
or unenforceable, that provision will be enforced to the maximum extent permissible,
and the remaining provisions with remain in full force.
Applicable Law
This site is created and controlled by EduCap Inc. in the State of Virginia, USA.
As such, the laws of the State of Virginia will govern these notices, terms, and
conditions, without giving effect to any principles of conflicts of laws.
Privacy
See our Privacy Policy relating to the collection and use of your information.
Contact Us
If you have any questions regarding the Terms of Use for this Website, please contact
Loan to Learn at support@LoantoLearn.com.