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Terms & Conditions of Use

 

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. YOUR ACCESS TO AND USE OF THIS WEBSITE (THE WEBSITE") IS SUBJECT EXCLUSIVELY TO THESE TERMS AND CONDITIONS. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

 

Use of Website

 

HESAA authorizes you to view the materials on this Website only for your personal, non-commercial use.   You may not modify the materials on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without HESAA’s prior written consent. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.  Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. If you breach any term or condition, your authorization to use this Website automatically terminates.

 

Disclaimer of Use of Forms


The use of this Site to submit any forms which may be provided via this Site does not automatically qualify you for student assistance. You must contact the financial aid office at your school, HESAA, or your lender to apply for a student loan, a grant, a scholarship, or other forms of student assistance. Any calculations contained on this Website merely provide you with estimates that may be different from the actual, applicable amounts. The actual student loan repayment amounts are established by you and your lender. The actual amounts of most other forms of student assistance administered by HESAA are established by HESAA in conjunction with your institution.

 

The use of this Website to submit any forms which may be provided via this Website does not automatically qualify you for student assistance. You must contact the financial aid office at your school, HESAA, or your lender to apply for a student loan, a grant, a scholarship, or other forms of student assistance.

 

Modification of Terms

 

HESAA may revise these Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

Modification of Site

 

HESAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof). HESAA shall not be liable to any user or other third party for any such modification, suspension or discontinuance unless expressly provided herein.

 

Compliance with All Applicable Laws

 

You agree to comply with all applicable laws in using this Website and/or the data, information and material contained herein.  HESAA reserves the right to terminate access to this Website at any time without notice. 

 

Information You Post to this Site


Personally identifiable information that you submit to HESAA will be handled in accordance with HESAA’s Privacy Policy.  HESAA may use and/or distribute any or all materials and information provided by users to this Website. HESAA may create, use, and/or distribute activity reports or other abstracts of any or all materials and information provided by users to this Website. We ask that you do not send confidential information to us via this Website, unless HESAA specifically requires that information. Transmissions to and from this Website may be read, used, or intercepted by others.  

 

No Unlawful or Prohibited Use

 

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any HESAA server, or the network(s) connected to any HESAA server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any Website, other accounts, computer systems or networks connected to any HESAA server 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.

 

Email Communications

 

By submitting your email address and using the Website, you agree to receive email marketing materials from us.  If you do not wish to receive these emails, you may opt-out at any time by following the instructions contained at the bottom of the email correspondence.

 

Termination of Rights

 

Your privilege to use or access the Site may be terminated by HESAA immediately and without notice if you fail to comply with any term or condition of the Terms of Use. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that HESAA reserves the right to take action - technical, legal or otherwise - to block, nullify or deny your ability to access the Site. You understand that HESAA may exercise this right in its sole discretion.

 

Third Party Services and Websites

 

In connection with your use of the Website, you may be made aware of services, products, offers and promotions provided by third parties, and not by HESAA. However, personally identifiable information that you submit to HESAA will be handled in accordance with the HESAA’s Privacy Policy, which is incorporated as a part of the terms and conditions, and set forth below. If you decide to use third party services, you are responsible for reviewing and understanding the terms and conditions governing any third party services. You agree that the third party, and not HESAA, is responsible for the performance of the third party services.

 

The Site may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by HESAA of any information contained in any third party website. In no event will HESAA be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of HESAA. HESAA is not responsible for such provisions and expressly disclaim any liability for them. HESAA is not responsible for webcasting or any other form of transmission received from any linked site. HESAA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HESAA of the site.

 

No Warranties


YOU ASSUME ALL RESPONSIBILITIES AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY.  THIS WEBSITE, INCLUDING ALL INFORMATION MADE AVAILABLE IN OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED "AS IS" WITHOUT WARRANY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.  HESAA has the right to discontinue, change or update any data, information, or material included in this Website without prior notice, and HESAA does not warrant the accuracy and completeness of the materials or services on this Website.  No advice or information given by HESAA or its respective agents and/or employees shall create any warranty. HESAA does not warrant that the data, information or material included on this Website is free of viruses or other harmful components.   

 

Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HESAA AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY COMPENSATORY,  DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS OR INFORMATION, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA, INFORMATION OR MATERIAL INCLUDED IN THIS WEBSITE OR ON THE INTERNET GENERALLY, OR ANY OTHER BASIS. 

 

Miscellaneous

 

In the event of a conflict between these Terms and HESAA’s Privacy Policy, these Terms shall prevail. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms do not limit any rights that HESAA may have under trade secret, copyright, patent or other laws. HESAA reserves the right at all times to disclose any information as HESAA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HESAA's sole discretion.

 

Governing Law; Resolution of Disputes

 

The Terms will be governed by New Jersey law as applied to agreements entered into and to be performed entirely within New Jersey, without regard to its choice of law or conflicts of law principles and applicable federal law. Any dispute, controversy or claim arising under or in connection with these Terms of Use or the Site (“Claims”) shall be decided exclusively by and in the state or federal courts sitting in Mercer County, New Jersey.  For such purpose, you submit to the personal jurisdiction of the state and federal courts sitting in Mercer County, New Jersey, and agree that service of process may be completed and shall be effective and binding if mailed by certified mail, return receipt requested, postage prepaid and addressed to you at your address set forth in HESAA's records or, if none, at your last known address available through public records.  In the event that you refuse to accept delivery of such process, then process may be served upon the Secretary of the State of New Jersey as HESAA’s agent to accept service of process in these circumstances and agree that such service when made shall be effectively binding and complete for all purposes. You waive all objections to the litigation of Claims before state or federal courts in Mercer County, New Jersey whether based upon the doctrine of forum nonconveniens or personal jurisdiction or otherwise.

 

Effective Date: September 30, 2008

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