COLLEGE ABACUS TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THIS WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. By accessing the site, you agree to be bound by the terms and conditions below.
College Abacus and the website www.collegeabacus.org is owned by Educational Credit Management Corporation (for more information, please visit www.ecmc.org). The College Abacus PC and mobile websites, applications, technology, products, blogs and services (the “Service”) allows users to receive information about College Abacus and the Service, interact with other members or visitors to the Service, and generate non-binding estimates for projected cost of attending various post-secondary institutions in the United States of America.
By using the Service, you agree to be bound by these Terms whether you are:
- A "Guest" or “Visitor” - which means that you simply browse the College Abacus website or use the net price calculator on an anonymous basis
- A "Registered User" - which means that you have registered with College Abacus as an account holder, or
- A “Lifesaver” - which means that you have visited to answer a question sent by a “Registered User” or a “Guest”.
The term "User" refers to a Guest, Registered User, or Lifesaver. "User" shall mean either you as an individual or the entity on whose behalf you are accepting these Terms and who is afforded all rights and bound by all terms hereunder. User represents that he/she/it is authorized to accept these Terms.
If you do not agree with all these Terms, you must discontinue use of the Services immediately.
The Service is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 is unauthorized and in violation of these Terms. By using the Service, you represent and warrant that you are 13 or older, that you agree to abide by all of the terms and conditions of these Terms, and that you are either of the age of consent or have legal parental or guardian consent to enter into these Terms.
We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
UNITED STATES ONLY
We make no representation that materials in this website are appropriate or available for use in locations other than the United States of America. If you access the website from locations other than the United States, you are responsible for compliance with any applicable laws.
COLLEGE ABACUS SERVICE
We reserve the right to modify, suspend or discontinue any aspect of the Service at any time.
COLLEGE ABACUS ESTIMATES
The calculator portion of the Service is intended to provide estimated net price information (roughly determined as estimated cost of attendance — including tuition and required fees, books and supplies, room and board, and other related expenses — minus estimated grant and scholarship aid) to current and prospective students and their families based on what similar students paid in previous years. These estimates are exclusively drawn from the federally required net price calculators posted on school websites.
You agree that any estimates provided by the Service do not represent a final determination, or actual award, of financial assistance, or a final net price, and your actual cost will vary. Note that price of attendance and financial aid availability change year to year. Any estimates are not binding on College Abacus, the United States Department of Education, the Secretary of Education, the institution of higher education, or the State.
INFORMATION YOU SUBMIT TO GET ESTIMATES
In order to provide you the College Abacus estimates, we require certain personal information from you, such as your income, family income, family size and other personal and financial details (“Estimate Data”). If you are a Registered User, we associate your Estimate Data with your account and that Estimate Data will be identifiable to us as belonging to such account. If you are a Guest, we associate your Estimate Data with an anonymous account but we do not associate that data with any personally identifiable information.
COLLEGE ABACUS ACCOUNTS
In order to access some features of the Service, you will have to become a Registered User and create an account. When creating your account, you must provide accurate and complete information, and update such information to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your login and password and other credentials, and are solely responsible and liable for any activity under your account, even if you did not authorize such access or activity. You must notify College Abacus immediately of any breach of security or unauthorized use of your account.
These Terms shall remain in full force and effect while you use the Service. You may terminate your registration at any time, for any reason, by following the instructions on the "My Abacus" page. We may terminate your account at any time, with or without notice, in our sole discretion.
PERMISSION AND RESTRICTIONS
We hereby grants you permission to access and use the Service subject to your compliance with these Terms.
The Services include, without limitation, content, text, methods, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"). Content may be submitted or otherwise provided by you, other Users, or third parties. To the extent you submit any Content, you hereby grant Educational Credit Management Corporation a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree that, unless expressly stated in these Terms or you have express prior written permission of Educational Credit Management Corporation:
You will only use the Service for your information and personal use, and as reasonably intended by College Abacus and Educational Credit Management Corporation.
You will not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the Service.
You will not alter, modify, reverse engineer or abuse any part of the Service or its Users; and
You will comply with all applicable local, national, and international laws and regulations.
You agree not to circumvent, disable or otherwise interfere with security features of the Service, or features that prevent or restrict use or copying, or enforce limitations on use of the Service.
No commercial reuse of the Services is permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including any data, results, or estimates).
Educational Credit Management Corporation reserves all other rights.
INTELLECTUAL PROPERTY RIGHTS
You agree that the Services (including estimates and other results) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Content contained in the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
LIMITATION OF LIABILITY
The User assumes all responsibility and risk for the use of this website and the Internet generally. Under no circumstances, including negligence, shall Educational Credit Management Corporation, its officers, directors, employees, or agents, be liable to you for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, or CONSEQUENTIAL damages or LOST PROFITS whatsoever resulting from any (i) errors, mistakes, inaccuracies, or interruption, of the Service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is 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.
No warranties. You agree that your use of the Service (which includes any estimates generated), all materials and information included or available through this website is at your sole risk. The Services are provided "as-is" and as available.
To the fullest extent permitted by law, Educational Credit Management Corporation, its officers, directors, employees, and agents disclaim all warranties of any kind - express or implied - including, but not limited to the implied warranties of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and NON-INFRINGEMENT or any warranty arising from a course of dealing, usage or trade practice. No verbal advice or written information provided by Educational Credit Management Corporation shall create a warranty; nor shall Users of the website rely on any such information or advice. Educational Credit Management Corporation does not warrant that the content of this or any related website is accurate, reliable or correct; that this website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. Educational Credit Management Corporation makes no commitment to regularly update the information on this site.
Educational Credit Management Corporation makes no warranties or representations about the accuracy, completeness or appropriateness of the Service, and does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through or linked from the Service.
You agree to defend, indemnify and hold harmless College Abacus, Educational Credit Management Corporation, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service or your violation of any term of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you without the prior written consent of Educational Credit Management Corporation. Any such attempted transfer, delegation or assignment without consent is void.
These Terms and any other legal notices published by Educational Credit Management Corporation on the Service, shall constitute the entire agreement between you and Educational Credit Management Corporation concerning the Service and College Abacus. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Educational Credit Management Corporation’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
GOVERNING LAW; VENUE AND JURISDICTION
These Terms are governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and Educational Credit Management Corporation that arises from these Terms shall be decided exclusively by a court of competent jurisdiction located in California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Minnesota.
ONE YEAR BAR ON CLAIMS
YOU AND EDUCATIONAL CREDIT MANAGEMENT CORPORATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This website may allow Users to post text, images, audio, video, links to other sites, or other content to the website. Consequently, you may see materials that have been submitted to this website by individuals not affiliated with Educational Management Credit Corporation or College Abacus. Neither Educational Credit Management Corporation nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on this website or lint to from this website. Neither Educational Credit Management Corporation nor its affiliates, officers, employees or agents shall have any responsibility or liability of any nature whatsoever arising in connection with materials provided by these individuals or in connection with any conduct of these individuals.
By submitting content to this site, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to Educational Credit Management Corporation are non-confidential and are the sole property of Educational Credit Management Corporation. Educational Credit Management Corporation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the irrevocable, unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to not disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.
You are responsible for maintaining the confidentiality of the username and password assigned to you. You are fully responsible for all activities that occur under your username and password. You agree to (1) immediately notify Educational Credit Management Corporation of any unauthorized use of your username or password or any other breach of security; and (2) ensure that you properly log-out and exit from your account at the end of each session. Educational Credit Management Corporation will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your automatic sign-in feature.
Educational Credit Management Corporation reserves the right to investigate and terminate your use of the website for misuse, behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal. Inappropriate, unlawful or illegal conduct includes, but is not limited to:
Impersonating another person or entity;
Expressing or implying that any statements you make are endorsed by Educational Credit Management Corporation without Educational Credit Management Corporation’s specific prior written consent;
Using any robot, spider, side search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Posting, distributing or reproducing any copyrighted material, trademarks or other proprietary information without obtaining the express prior written consent of the owner of such proprietary or intellectual property rights;
Removing any copyright, trademark or other intellectual property rights or notices included on the website;
Interfering with or disrupting the website or the servers or networks connected to the Website;
Posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
Forging headers or otherwise manipulating identifiers to disguise the origin of any information transmitted;
“Framing” or “mirroring” any part of the website without Educational Credit Management Corporation’s prior written authorization;
Using meta tags or code or other devices containing any reference to Educational Credit Management Corporation or the website to direct any person to any other website for any purpose; and
Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, compiling or otherwise disassembling any portion of the Website or any software used on the website or causing others to do so.
Copyright 2014 Educational Credit Management Corporation. All rights reserved. One copy of the information presented here may be downloaded so long as the information remains intact – with a copyright notice clearly visible – and is not resold or redistributed without the prior written permission of Educational Credit Management Corporation. Educational Credit Management Corporation reserves the right, in its sole discretion, to terminate your access to all or part of this website, with or without notice.
The College Abacus name and logos and all related product service names are trademarks, service marks or registered trademarks of their respective owners.
Please contact Educational Credit Management Corporation, Attn: Corporate Compliance at email@example.com with questions regarding these Terms of Service.