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SALLIE MAE TERMS OF USE

Sallie Mae Bank and its parent, subsidiaries and affiliates (collectively,
“Company,” “we,” “our,” or “us”) provide access to and use of SallieMae.com, a
website 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 (the “Website”) as well as
Company’s mobile applications (the “Company App”), together with the content,
software, online, and/or mobile services, products and functionality offered on
or through the Website and Company App and made available via phone, tablet, or
other mobile device (each, a “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 THE SALLIE MAE ONLINE CONSUMER INFORMATION PRIVACY POLICY AND PRIVACY
NOTICE, AVAILABLE HERE. IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS, YOU MAY
NOT USE THE SERVICE.

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 19(B).

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

A. Eligibility Requirements. Any access or use of the Service or creation of a
User account 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) is strictly prohibited and in
violation of these Terms. However, a parent or legal guardian may use the
Service or establish a User account 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
establishing a User account or 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. The Service is not available to any Users previously removed from the
Service (or whose User accounts have been terminated) by Company. 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.

B. 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.

C. 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 (“Guidelines”).

D. 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. You agree that parties whom you authorize to print applications,
forms, or other documents have the right to print “signature on file” on the
hard copy of such materials on which such certification is required. If required
by a government agency, or at our request, you agree to provide written
certification in hard copy form.

 

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 Service.

E. 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.

F. Privacy; User Data. The Service allows you to submit, store, and access
certain data and other information related to your account, applications, and/or
Company products or services (collectively, “User Data”). We respect and are
committed to protecting your privacy. Please see our Privacy Notice and our
Online Consumer Information 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: (a)
copying, modifying, distributing, or disclosing any part of the Service or
Mobile Software (defined in Section 7) in any medium, including, without
limitation, by any automated or non-automated “scraping”; (b) renting, leasing,
loaning, reselling, sublicensing, distributing or otherwise transferring the
Service or Mobile Software (or any part of the Service or Mobile Software) to
any third party; providing time sharing or similar services for any third party;
or using the Service or Mobile Software (or any part of the Service or Mobile
Software) for any purpose other than your own internal personal or business use;
(c) using any automated system, including, without limitation, “robots,”
“spiders,” “offline readers,” etc., 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; (d) transmitting spam, chain letters, or other
unsolicited email; (e) attempting to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers
running the Service; (f) taking any action that imposes, or may impose at our
sole discretion an unreasonable or disproportionately large load on our
infrastructure; (g) uploading invalid data, viruses, malware, worms, or other
software agents through the Service or Mobile Software; (h) collecting or
harvesting any personally identifiable information, including, without
limitation, account names, from the Service; (i) using the Service for any
commercial solicitation purposes; (j) 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;
(k) interfering with the proper working of the Service or Mobile Software; (l)
accessing any content on the Service or Mobile Software through any technology
or means other than those provided or authorized by the Service or Mobile
Software; (m) disassembling, decompiling or reverse engineering the Service or
Mobile Software (or any part of the Service or Mobile Software), except to the
extent that such restriction is expressly prohibited by Law; (n) removing,
circumventing, disabling, damaging, bypassing or otherwise interfering with the
measures we may use to prevent or restrict access to the Service or Mobile
Software, including, without limitation, features that prevent or restrict use
or copying of any content accessible through the Service or Mobile Software or
enforce limitations on use of the Service, Mobile Software or the content
therein; or (o) delete the copyright and other proprietary rights notices on the
Service or Mobile Software.

 

4. SUBMISSION OF USER MATERIALS

A. 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 or applications 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. When applying for or requesting a product or
service or otherwise submitting User Materials on or through the Website or
Company App, 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.

B. 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 create any guarantee or commitment on behalf of
Company. Your eligibility for Company products and services will be determined
according to and consistent with the terms, conditions, and other criteria
applicable to the products and services in question.

 

5. MODIFICATIONS TO SERVICE; TERMINATION OR SUSPENSION OF YOUR USER ACCOUNT

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 terminate your User account or 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.

 

6. COMPANY MATERIALS; LINKS TO THIRD-PARTY SITES

A. Company Materials. On the Service, you will find Content (defined in Section
8), functions, information, and tools, 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.

B. 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.

 

7. MOBILE SOFTWARE

We may make available software (including, without limitation, the Company App
software) to access the Service via a Mobile Device (“Mobile Software”). To use
the Mobile Software you must have a Mobile Device that is compatible with the
Mobile Software. Company does not represent or warrant that the Mobile Software
will be compatible with your Mobile Device. You may use mobile data in
connection with the Mobile Software and may incur additional charges from your
wireless provider for these services. You agree that you are solely responsible
for any such charges. Company hereby grants you a non-exclusive,
non-transferable, freely revocable license to use a compiled code copy of the
Mobile Software for one User account on one Mobile Device owned or leased solely
by you, for your personal use.

You acknowledge that Company may from time to time issue upgraded versions of
the Mobile Software, and may automatically electronically upgrade the version of
the Mobile Software that you are using on your Mobile Device. You consent to
such automatic upgrading on your Mobile Device, and agree that these Terms will
apply to all such upgrades. Any third-party code that may be incorporated in the
Mobile Software is covered by the applicable open source or third-party license
EULA and/or terms of use, if any, authorizing use of such code. The foregoing
license grant is not a sale of the Mobile Software or any copy thereof, and
Company or its third-party providers or suppliers retain all right, title, and
interest in the Mobile Software (and any copy thereof). Any attempt by you to
transfer any of the rights, duties or obligations hereunder, except as expressly
provided for in these Terms, is void. Company reserves all rights not expressly
granted under these Terms. The Mobile Software originates in the United States,
and is subject to United States export laws and regulations. The Mobile Software
may not be exported or re-exported to certain countries or those persons or
entities prohibited from receiving exports from the United States. In addition,
the Mobile Software may be subject to the import and export laws of other
countries. You agree to comply with all United States and foreign laws related
to use of the Mobile Software and the Service, including, without limitation,
export and import regulations.

The following applies to any Mobile Software you acquire from the Apple App
Store (“Apple-Sourced Software”):

 

You acknowledge and agree that these Terms are solely between you and Company,
not Apple, Inc. (“Apple”), and that Apple has no responsibility for the
Apple-Sourced Software or content thereof. Your use of the Apple-Sourced
Software must comply with the App Store Terms of Use. You acknowledge that Apple
has no obligation whatsoever to furnish any maintenance and support services
with respect to the Apple-Sourced Software. In the event of any failure of the
Apple-Sourced Software to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the Apple-Sourced Software
to you; to the maximum extent permitted by applicable Law, Apple will have no
other warranty obligation whatsoever with respect to the Apple-Sourced Software,
and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be solely governed
by these Terms and any Law applicable to Company as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you
or any third party relating to the Apple-Sourced Software or your possession
and/or use of the Apple-Sourced Software, including, without limitation: (a)
product liability claims; (b) any claim that the Apple-Sourced Software fails to
conform to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection or similar legislation; and all such claims
are governed solely by these Terms and any Law applicable to Company as provider
of the software. You acknowledge that, in the event of any third-party claim
that the Apple-Sourced Software or Your possession and use of that Apple-Sourced
Software infringes that third party’s intellectual property rights, Company, not
Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent
required by these Terms. You and Company acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to
your license of the Apple-Sourced Software, and that, upon your acceptance of
these Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms as relates to your license of the Apple-Sourced
Software against you as a third-party beneficiary thereof.

The following applies to any Mobile Software you acquire from the Google Play
Store (“Google-Sourced Software”):

 

(a) You acknowledge that these Terms are between you and Company only, and not
with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must
comply with Google’s then-current Google Play Store Terms of Service; (c) Google
is only a provider of the Google Play Store where you obtained the
Google-Sourced Software; (d) Company, and not Google, is solely responsible for
its Google-Sourced Software; (e) Google has no obligation or liability to you
with respect to Google-Sourced Software or these Terms; and (f) you acknowledge
and agree that Google is a third-party beneficiary to these Terms as it relates
to Company’s Google-Sourced Software.

 

8. 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 (“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 Service, 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. 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.

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 (“Feedback”). By submitting any Feedback, you agree that your
disclosure is gratuitous, unsolicited 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 the
Feedback on a non-confidential basis or otherwise to anyone. 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.

 

9. 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:

 

1. An electronic or physical signature of a person authorized to act on behalf
of the copyright owner;

 

2. Identification of the copyrighted work that you claim has been infringed;

 

3. Identification of the material that is claimed to be infringing and where it
is located on the Service;

 

4. Information reasonably sufficient to permit Company to contact you, such as
your address, telephone number, and, e-mail address;

 

5. 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

 

6. 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: Sallie Mae Bank
Address: 300 Continental Drive, Newark, Delaware 19713
Tel.: 855-342-2014
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 and/or terminate the User accounts of any Users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.

 

10. 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
(“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.

 

11. 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/or its licensors, and that
Company and/or its licensors is the sole and exclusive owner(s) 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 confidentiality concerning any confidential or proprietary
information which you access through the Service and you will protect such
information from unauthorized access, use or disclosure.

You will restrict unauthorized users from gaining access to the Service. If you
are not a registered user, you may receive a user name and password upon
completing the registration process. You are responsible for maintaining the
confidentiality of your passwords and for any and all activities that occur
under your passwords or User accounts. You agree to immediately notify Company
of any unauthorized use of your User account or any other breach of security
known to you.

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.

 

12. 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.

 

13. 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, LOAN,
OR OTHER CREDIT OR BANKING PRODUCT THROUGH THE SERVICE, OR ANY SPECIFIC MONETARY
AMOUNTS, AND COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LACK
OF SUCCESS OF ANY APPLICATION BY YOU FOR ANY FINANCIAL AID, SCHOLARSHIP, LOAN,
OR OTHER CREDIT OR BANKING PRODUCT. COMPANY EXPRESSLY DISCLAIMS LIABILITY OR
RESPONSIBILITY FOR THE SUCCESS OF ANY APPLICATION BY YOU FOR FINANCIAL AID,
SCHOLARSHIPS, LOAN, OR OTHER CREDIT OR BANKING PRODUCT.

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

 

14. 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) (“Losses”) caused by or arising from: (i) your or your agents’
use of and access to the Service (by your or any other person or entity
accessing the Service using your 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) any other party’s access and use
of the Service with your unique username, password or other appropriate security
code; (vi) the negligence or willful misconduct of you or your agents.

 

15. 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 THE GRAMM-LEACH-BLILEY
ACT (“GLBA”) AND TO THE EXTENT ANY PROVISION OF THESE TERMS ARE FOUND TO BE
PROHIBITED BY, INVALID OR UNENFORCEABLE UNDER THE GLBA, 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.

 

16. 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).

 

17. TERMINATION

You agree that Company may terminate your password(s), account(s) or use of the
Service at Company’s discretion for any reason.

 

18. 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.

 

19. GENERAL

A. Governing Law. The Terms shall be governed by the laws of the State of
Delaware, without regard to its conflict of law provisions. You and Company
agree to submit to the personal and exclusive jurisdiction and venue of the
state and federal courts located within New Castle County, Delaware.

B. Changes to These Terms. Company may, in its sole discretion, modify or update
these Terms from time to time, and so you should review this page periodically.
When we change these Terms in a material manner, we will update the ‘last
modified’ date at the bottom of this page. Your continued use of the Service
after any such change constitutes your acceptance of the new Terms. If you do
not agree to any of these terms or any future Terms, do not use or access (or
continue to access) the Service.

C. 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.

D. 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.

E. 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.

F. 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.

G. Construction; Interpretation. The section titles in these Terms are for
convenience only and have no legal effect.

H. No Third-Party Beneficiaries. Except for the indemnified parties set forth in
Section 14 above and Apple and Google as set forth in 7 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.

I. 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.

J. Contact Us. For information about how to contact us, please visit our Contact
us page.

K. 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 Sallie Mae Bank 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.

L. 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: June 27, 2018

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© 2023 Sallie Mae Bank. All rights reserved. Sallie Mae, the Sallie Mae logo,
and other Sallie Mae names and logos are service marks or registered service
marks of Sallie Mae Bank. All other names and logos used are the trademarks or
service marks of their respective owners. SLM Corporation and its subsidiaries,
including Sallie Mae Bank, are not sponsored by or agencies of the United States
of America.

 





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