Terms of Use

SLM NitroCollege LLC (collectively, “Company,” “we,” “our,” or “us”), an affiliate of Sallie Mae Bank provides access to and use of nitrocollege.com and myscholly.com, websites owned and operated by Company, as well as any and all other websites and subdomains owned or controlled by Company, including, without limitation, any and all mobile-optimized websites and subdomains (collectively, the “Websites”), together with the content, software, online, and/or mobile services, products and functionality offered on or through the Websites or mobile applications and made available via phone, tablet, or other mobile device (collectively, the “Service”).

These Terms of Use, as amended from time to time (the “Terms”), govern your access to and use of the Service. PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY DOWNLOADING, REGISTERING, SIGNING INTO, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, WHETHER AS A GUEST OR REGISTERED USER, OR OTHERWISE ACCEPTING THESE TERMS, YOU ARE SIGNIFYING THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO AND ACCEPT THEM, ALL GUIDELINES (AS DEFINED IN SECTION 2(C)) AND ANY AND ALL FUTURE MODIFICATIONS TO THESE TERMS, AS WELL AS TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR ONLINE PRIVACY POLICY, AVAILABLE HERE. IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS, YOU MUST NOT USE THE SERVICE.

IMPORTANT NOTICE: AT THE OUTSET, PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. THESE ITEMS ARE DISCUSSED IN MORE DETAIL IN SECTION 18 BELOW, BUT, IN SUMMARY, THIS MEANS THAT IF THERE IS A DISPUTE BETWEEN YOU AND US, YOU WILL BE REQUIRED TO ARBITRATE ANY CLAIMS YOU HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

The Terms, any and all Guidelines (as defined in Section 2(C)), any and all amendments, and any and all additional written agreements between you and Company concerning the Service, form a binding legal contract between you, an individual customer, member, visitor or user (“you”, “your,” or collectively with other users, “Users”) and Company. Company reserves the right to make unilateral changes to these Terms, as described in Section 6.

1. DESCRIPTION OF SERVICE

The Service provides you with, without limitation, the capability to review, perform and/or complete certain functions related to Company products and services.

2. ELIGIBILITY; USE OF THE SERVICE

Eligibility Requirements. Any access or use of the Service by anyone under the legal age of majority in the relevant jurisdiction in which such User resides or on behalf of another person other than a User’s child under the age of eighteen (18) without the consent of a parent or legal guardian is strictly prohibited and in violation of these Terms. A parent or legal guardian may use the Service on behalf of his or her child under the age of eighteen (18). If you are such a parent or guardian or if you are using the Service on behalf of a child under the age of eighteen (18), you agree to stand in the shoes of such child for the purposes of making us whole in case of claims, damages or indemnifications that we might properly assert against such child, if not for his or her age. The Service is available only to individuals who are permitted to use it under applicable local, state, national and international laws, rules and regulations (“Laws”). If you are not so permitted, then you are not authorized to use the Service. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Service in accordance with these Terms.
Grant of License. Subject to the terms and conditions of these Terms, Company hereby grants to you a non-exclusive, limited, personal, non-transferable, freely revocable license to use the Service in a manner consistent with these Terms solely for your personal, non-commercial use, and only as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service. Company may terminate this license at any time for any reason or no reason.
Guidelines. When using the Service, you will be subject to any and all additional operating rules, policies or guidelines applicable to specific services and features that may be published by us from time to time, including, without limitation, all information transfer protocols (collectively, “Guidelines”).
Your Use of the Service. In connection with your use of the Service, you agree:
1. To use the Service only for purposes expressly authorized by Company and to comply with all current versions of the Guidelines.
2. To be solely responsible for your actions and the contents of your transmissions through the Service. In addition, you agree that, by your electronic transmission of information via the Service, you are making any and all certifications required by applicable Laws and that such electronic certifications have the same force and effect as a manually signed certification.
3. To be solely responsible for installing any products furnished by third-party providers or suppliers that are necessary to access the Service. You acknowledge that the Service does not include equipment, software, or communication line access. You will, at your sole expense, be responsible for acquiring and maintaining all equipment, software, and communication access necessary for you to use the Service.
4. To use a web browser version that we support in conjunction with the Service.
Compliance with Laws. You represent and warrant that: (i) you have complied and will continue to comply with all applicable Laws (including, without limitation, any and all relevant data protection or privacy laws) in your use of the Service, (ii) to the extent you share with us any personally identifiable information of any third party for any purpose, you have the authority and written consent from such third party to provide us with such information and allow us to use such information for the purposes permitted in our Privacy Policy (as defined in Section 2(F)), and (iii) all information you furnish in connection with your use of the Service is accurate, complete and current to the best of your knowledge and belief and meets all requirements of all applicable Laws.
Privacy - User Data. The Service allows you to submit, store, and access certain data and other information related to your account, and/or Company products or services (collectively, “User Data”). We respect and are committed to protecting the of your User Data. Please see the Joint Nitro College and Scholly Privacy Policy (collectively, our “Privacy Policy”) to learn how we collect, use and disclose information we collect from and about you. You understand that by accessing or using the Service and/or submitting User Data through the Service, you consent to the collection, use and disclosure of your User Data as set forth in our Privacy Policy.

3. USE RESTRICTIONS

You agree not to engage in any of the following prohibited activities:

copying, modifying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”;
renting, leasing, loaning, reselling, sublicensing, distributing or otherwise transferring the Service (or any part of the Service) to any third party; providing time sharing or similar services for any third party; or using the Service (or any part of the Service) for any purpose other than your own internal personal or business use;
using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” , to access the Service in a manner that sends more request messages to Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or to monitor or copy the Service;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, malware, worms, or other software agents through the Service;
collecting or harvesting any personally identifiable information, including, without limitation, account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or entity or otherwise falsely stating or misrepresenting your identity or affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Service;
attacking the Service via a denial-of-service attack or a distributed denial-of-service attack;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
disassembling, decompiling or reverse engineering the Service (or any part of the Service), except to the extent that such restriction is expressly prohibited by Law;
removing, circumventing, disabling, damaging, bypassing or otherwise interfering with the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content accessible through the Service or enforce limitations on use of the Service or the content therein; or
deleting the copyright and other proprietary rights notices on the Service.

4. REGISTRATION AND ACCOUNTS

To take advantage of many aspects of the Service, you will need to register an account with us. You are required to provide accurate and complete registration information. If that information changes, you must promptly update your account. During registration, you will provide your email, create a password, and provide personal information, such as your phone number, and educational information.

You are responsible for protecting and maintaining the confidentiality of your account. You are responsible for any activity that occurs under account, whether or not you have authorized the activity. You agree to notify us immediately at help@nitrocollege.com of any breach or unauthorized use of your account. Once registered, you can terminate your account by accessing your account and deleting it.

5. Terms Applicable For Apple iOS and other platforms.

If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Service via an Apple mobile application, see below “Terms Applicable for Apple iOS” section for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

Terms Applicable For Apple iOS.

(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Company and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.

(ii) The license granted to you by Company under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.

(iii) You acknowledge that Company, and not Apple, is responsible for providing the Service and Content thereof.

(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.

(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Company, Company, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.

(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.

6. WIRELESS AND MESSAGING FEATURES

Wireless Features. The Service may offer certain features and services via your wireless tablet, mobile phone, other wireless device, or other Internet-enabled device (each, a “Wireless Device”). Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your Wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Company of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Service is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or App settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
MESSAGES

- Text Messages: You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Except for purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are 18 years of age or older or have obtained parental consent. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at: help@nitro.com
- Email Messages: You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
- Additional Communication Preferences: You can also withdraw your consent to receive email, SMS, direct mail, and certain marketing communications from us by visiting our Communication Preference Center here

7. SUBMISSION OF USER MATERIALS

Accuracy of User Materials. You may submit to us through the Service content, information, User Data or other materials (together with all intellectual property rights in and to such materials, “User Materials”) in order to communicate with us (or our third-party customer service provider) or submit forms through the Service, including, without limitation, for the hosting, sharing and display of such User Materials and to apply for or request products or services. Any User Materials you submit to us for sharing or displaying through the Service will be considered non-confidential and non-proprietary. By providing any such User Materials for sharing or displaying through the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Materials for any legal purpose. When applying for or requesting a product or service or otherwise submitting User Materials on or through the Service, you agree to provide current, complete, and accurate information about yourself and not to submit any User Materials that (i) may constitute or contribute to a crime or tort, (ii) contain any information or content that is illegal, fraudulent or deceptive, (iii) contain any information or content that you do not have a right to make available under any Law or under contractual or fiduciary relationships, or (iv) contain any information or content that you know is not accurate, complete, current or is otherwise designed to mislead, defraud or deceive us or any third party. If any information you provide is untrue, inaccurate, not current, or incomplete, Company has the right to terminate your application(s) for Company products or services and/or to decline to provide any future access to the Service.
No Guarantee of Products or Services. Use of the Service and the submission of any User Materials completed by you or otherwise submitted through the Service do not qualify you for or guarantee that you will receive any requested Company products or services or third party scholarships, or create any guarantee or commitment on behalf of Company or any third party offering such scholarships. Your eligibility for Company products and services or third party scholarships will be determined according to and consistent with the terms, conditions, and other criteria applicable to the products, services and scholarships in question.

8. MODIFICATIONS TO TERMS AND SERVICE; TERMINATION OR SUSPENSION OF ACCESS TO THE SERVICE

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Service each time you access it so you are aware of any changes, as they are binding on you.

Company, in its sole discretion, reserves the right to modify or discontinue, suspend temporarily or permanently stop providing, the Service or features of the Service, to you or to Users generally, or create usage limits for the Service, for any reason or no reason, with or without notice to you.

Company may permanently or temporarily terminate or suspend your access to the Service, without notice and liability to you or any third party for any reason, including, without limitation, if in our sole determination you violate any provision of these Terms, or for no reason. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination or suspension of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law, in equity or under this agreement. Upon termination for any reason or no reason, you continue to be bound by these Terms.

9. COMPANY MATERIALS; LINKS TO THIRD-PARTY SITES

Company Materials. On the Service, you will find Content (defined in Section 8), functions, information (including “Information,” as defined in Section 10), and Tools (defined in Section 10), including some that are prepared, provided, or maintained by third parties that are not the property of Company (collectively, “Company Materials”). While we strive to keep the Company Materials current and accurate, we cannot guarantee, and therefore expressly do not warrant, that the Company Materials are current, accurate, or error-free, or that your access will be uninterrupted or that material accessible from the Service is free of viruses or other malicious code.
Links to Third-Party Sites. On the Service, you will find numerous links which will transfer you to the websites of third parties that can provide you with potentially relevant information and/or functionality. By linking to these sites, Company does not represent or imply that there is any business relationship between Company on the one hand and the third party hosting the linked-to website on the other hand. Company is not responsible for the content and performance of these sites or for your transactions with them. Furthermore, while Company strives to keep these links as current and accurate as possible, we cannot guarantee, and therefore we expressly do not warrant, that they point to the intended third-party website. Links to and from the Service do not constitute a Company endorsement. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including, without limitation, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that content, including, without limitation, text, software, music, sound, photographs, video, graphics, images, logos, button icons, editorial content, notices, software (including, without limitation, HTML-based computer programs), other material contained in sponsor advertisements, and other information or materials presented to you through the Service (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and Laws. The Content belongs to Company or to others as indicated. You are only permitted to use this Content as expressly authorized by Company or the owner of such Content, and you may not copy, reproduce, distribute, display, download, license, modify, adapt, edit, publish, perform, repost, reuse, sell, supplement, transmit, create derivative works or otherwise use the Content for public or commercial purposes without our express authorization or the express authorization of the owner of such Content. Your right to use the Service is personal to you. Use of the Content other than as expressly permitted by these Terms is strictly prohibited.

Our name, the terms Nitro, NitroCollege, NitroNext, Scholly, Scholly Offers, Scholly Editor, Scholly Payoff, Nitroscore, Scholly Search, and Sallie Mae our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

You may choose to or we may invite you to submit comments or ideas about Company or the Service, including, without limitation, about how to improve the Service or our products (collectively, “Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose to anyone the Feedback on a non-confidential basis or otherwise. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees or contractors, or obtained from sources other than you.

11. DIGITAL MILLENNIUM COPYRIGHT ACT

Since we respect content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: Sallie Mae Legal Department –DMCA Notice
Company: SLM NitroCollege LLC
Address: 300 Continental Drive, Newark, Delaware 19713
Email: copyright@salliemae.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable Laws.

In accordance with the DMCA and other applicable Law, Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service to those who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. NO RELIANCE ON TOOLS AND INFORMATION

Company may make certain calculators and tools available to you through the Service, such as loan repayment calculators (collectively, “Tools”). You acknowledge and agree that any estimates, calculations or other information (collectively, “Information”) provided by or through such Tools is for informational purposes only and may be different than actual amounts or otherwise contain inaccuracies; such Information is not intended to be a substitute for your own independent research and calculations. Company does not and cannot verify that the Tools or Information are true, accurate, complete or current and makes no representations concerning such Tools or Information. You should not use or rely upon such Tools or Information for any reason, including, without limitation, making any decisions related to your loans or personal finances. Any reliance on the Tools or Information is solely at your own risk. Company hereby expressly disclaims all liability for any such Tools or Information provided by or through the Service to the fullest extent permitted by applicable Law.

13. CONFIDENTIALITY; YOUR SECURITY OBLIGATIONS

You acknowledge and agree that the Service is, and shall at all times remain, the sole and exclusive property of Company and its licensors, and that Company and its licensors are the sole and exclusive owners of all rights to the Service, including, without limitation, any and all copyrights and all related renewals and extensions. You agree that the Service is proprietary and confidential and that you will not authorize or permit its contents to be conveyed or in any manner communicated or used by any third party or to be duplicated or reproduced without our prior written approval. Your right to use the Service is personal to you. You agree to use the Service solely for your own personal, non-commercial purposes and not for any commercial purposes. You agree not to sell, resell, or exploit for any commercial purposes, the Service or use of or access to the Service or any information or technology obtained from the Service.

You will maintain the confidentiality of you access through the Service and you will protect such information from unauthorized access, use or disclosure.

You will take feasible steps to prevent transmission over the Service of any virus or other software routine designed or likely to permit unauthorized access to the Service or to disable, erase or otherwise harm any software, hardware or data accessible over the Service.

The confidentiality obligations of this Section 11 will survive the termination of your use of the Service.

You agree to be solely responsible for your actions and the contents of your transmission through the Service. You agree to use any data encryption tool that is built into the Service or another data encryption tool that is mutually agreed upon by you and Company.

14. SECURITY

We care about the integrity and security of your personally identifiable information. We have implemented commercially reasonable technical and organizational measures designed to secure your personally identifiable information from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your personally identifiable information for improper purposes. You acknowledge that you are under no obligation to use the Service, and that you provide any personal or sensitive information in order to use the Service at your own risk.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED BY US OR MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, COMPANY MATERIALS, IS AT YOUR SOLE RISK. THE SERVICE AND COMPANY MATERIALS, INCLUDING, BUT NOT LIMITED TO ANY THIRD-PARTY-PROVIDED INFORMATION, SOFTWARE OR SERVICES MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT THE SERVICE OR COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR COMPANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, AVAILABLE AT A PARTICULAR TIME OR LOCATION, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR COMPANY MATERIALS OR AS TO THE TIMELINESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY COMPANY MATERIALS, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE USED IN THE SERVICE, SERVICE OR COMPANY MATERIALS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, HARMFUL COMPONENTS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOU WILL RECEIVE ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL AID, SCHOLARSHIP, AND NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LACK OF SUCCESS OF ANY APPLICATION BY YOU FOR ANY SCHOLARSHIP, OR OTHER SERVICE OR PRODUCT. COMPANY EXPRESSLY DISCLAIMS LIABILITY OR RESPONSIBILITY FOR THE SUCCESS OF ANY APPLICATION BY YOU FOR SCHOLARSHIPS, OR OTHER PRODUCTS OR SERVICES.

NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. INDEMNIFICATION

You will indemnify, hold harmless and reimburse Company and its agents, licensors, suppliers, contractors and third-party providers, and their respective employees, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including, without limitation, court costs and reasonable attorneys’ fees)(collectively, “Losses”) caused by or arising from: (i) your or your agents’ use of or user name and password), and any data or content, including, without limitation, any User Materials, transmitted or received by you; (ii) any and all actual or alleged injury to any person (including death) or property to the extent caused in whole or in part by your negligence; (iii) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including, without limitation, any right of privacy, right of publicity or intellectual property rights; (v) your violation of any applicable Law; (vi) any claims or damages that arise as a result of any of your User Materials; or (vii) the negligence or willful misconduct of you or your agents.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE DISCLAIMERS OF WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ACTUAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THE SERVICE OR COMPANY MATERIALS, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR COMPANY MATERIALS. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR DISCLAIM COMPANY’S OBLIGATIONS UNDER APPLICABLE LAW AND TO THE EXTENT ANY PROVISION OF THESE TERMS ARE FOUND TO BE PROHIBITED BY, INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, THAT PROVISION WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE AND THE OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FORCE.

IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE MAXIMUM COLLECTIVE LIABILITY OF COMPANY, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE.

18. MANDATORY ARBITRATION; APPLICABLE LAW

By using the Service, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service or the breach, enforcement, interpretation, or validity of these Terms or any part of them, except for disputes that qualify for small claims court (each, a “Dispute”), each party shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

Us, at SLM NitroCollege LLC, P.O. Box 3010, Wilmington, DE 19804-4319; and
You, at the address we have on file for you.

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as amended by this agreement to arbitrate, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances; provided, however, that, upon request by you, JAMS may hold an in-person hearing in your hometown area. Pursuant to the JAMS consumer arbitration policies, if you initiate arbitration against us, you will be responsible for a $250 fee and we will assume the remaining costs associated with the arbitration; if we initiate arbitration, we will assume all costs associated with the arbitration.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator shall issue a written statement with the disposition of each claim and a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

These Terms will be governed by and construed under the Laws of the United States (including the Federal Arbitration Act) and the State of Delaware, without regard to conflicts of law principles.

19. IMPORTANT NOTE TO NEW JERSEY CONSUMERS

IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THESE TERMS DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE), IN EACH CASE, TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); (D) THE REQUIREMENT THAT YOU INDEMNIFY COMPANY (FOR EXAMPLE, TO THE EXTENT THE SCOPE OF SUCH INDEMNITY IS PROHIBITED UNDER NEW JERSEY LAW); AND (E) THE DELAWARE GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW).

20. TERMINATION

You agree that Company may terminate your use of the Service at Company’s discretion for any reason or no reason.

21. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Company may post notices or links to notices through the Service to inform you of changes to the Terms, the Service, or other matters of importance.

22. GENERAL

Governing Law. The Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Unless you and Company agree otherwise, if it is determined that a Dispute should not proceed through arbitration, you agree that any Dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved by state and federal courts located within New Castle County, Delaware, and you agree to submit to the personal jurisdiction of such courts.
No Waiver. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Limitations on Claims and Actions. You agree that regardless of any statute or Law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Force Majeure. In no event shall we be liable for damages caused by third parties not under our control or by other causes beyond our reasonable control, including, without limitation, damages caused by third party telecommunications service providers.
Construction; Interpretation. The section titles in these Terms are for convenience only and have no legal effect.
No Third-Party Beneficiaries. Except for the indemnified parties set forth in Section 14 above, the provisions of these Terms apply for the benefit of Company only. Company has the right to assert and enforce those provisions directly against you on its own behalf.
International Visitors. The Service is controlled and operated from our facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S. By using the Service, you are consenting to have your personal data transferred to and processed in the United States. Users who access or use the Service from jurisdictions outside of the United States do so at their own volition and are entirely responsible for compliance with all applicable United States and local Laws, including, without limitation, export and import regulations.
Contact Us. For information about how to contact us, please visit our “Contact Us” here.
Consent to Electronic Contacting and Receiving Electronic Records. When you use our Service, including signing up to receive email or text messages, you consent to receive electronic records from us and consent to us contacting you electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service, other than to read the Terms and Privacy Policy, constitutes agreement to the Terms, then posted without further action by you. To withdraw your consent, update your contact information, or obtain paper copies of electronic records, you must visit our “Contact Us” page here and stop using the Service. If you withdraw your consent, you will be removed from any email or text message program. If there is a cost to provide you with paper copies of electronic records, we will disclose that to you prior to sending you electronic records. Your consent to receive electronic records applies to your use of the Service, including any email or text message programs. Your devices must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether you are using the Service, or subscribing to email or text messages.
Assignment. Company expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, without limitation, to another legal entity as part of any sale or merger of all or part of Company or its affiliates with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity without our prior written approval.
Entire Agreement. These Terms, together with all agreements incorporated by reference, any and all amendments and any and all additional written agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein.

These Terms of Use were last updated on: July 21, 2023

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