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Terms of Use

Acceptance of these Terms

These Website Terms of Use, together with any documents they expressly incorporate by reference (collectively, these "Terms"), including the Privacy Policy (the “Privacy Policy”), are entered into by and between you and Student Freedom Initiative (“Student Freedom Initiative”, “we” or “us”).  These Terms govern your access to and use of the studentfreedominitiative.org domain, or any subdomain of this website, including any content, functionality, and services offered on or through the studentfreedominitiative.org website by us (collectively, the “Website”), whether as a guest or a registered user.  For clarity, any services offered by a third party (such as Firstmark, a division of Nelnet (“Nelnet”), which is an originator and servicer of our Student Freedom Agreements) through or in connection with our Website are governed by the terms and conditions of use for such third-party services and are not governed by these Terms.

Please read these Terms carefully before you start to use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms, including our Privacy Policy, incorporated herein by reference.  IF YOU DO NOT WANT TO AGREE TO THESE TERMS (INCLUDING THE PRIVACY POLICY), YOU MUST NOT ACCESS OR USE THE WEBSITE.

The Website is offered and available to guests and registered users.  By using the Website, you represent and warrant that you meet the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them.  The date of the last update of these Terms is set forth above.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, including any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time.  From time to time, we may restrict access to some parts of the Website, or the entire Website to certain users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website.

To access the Website or certain of the resources it offers, we may ask you to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide us via the Website is correct, current, and complete.  You agree that all information you provide to register with the Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Website, including its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), is owned by Student Freedom Initiative, its licensors, or other providers of such material and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

·      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·      You may store files that are automatically cached by your Web browser for display enhancement purposes.

·      You may print a copies of the pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, unless further reproduction, publication or distribution is expressly permitted by the applicable pages.

·       If we provide social media features with certain content, you may take such actions as are enabled by such features, in accordance with the terms of use of such social media services.

You must not:

·      Modify copies of any materials from the Website.

·       Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Student Freedom Initiative.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Student Freedom Initiative name, the Student Freedom Initiative logo and all related names, logos, product and service names, designs, and slogans are trademarks of Student Freedom Initiative.  You must not use such marks without the prior written permission of Student Freedom Initiative.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners or their licensees.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms.  You agree not to use the Website or any portion or element thereof:

·      In any way that violates any applicable federal, state, local, or international law or regulation.

·      To impersonate or attempt to impersonate Student Freedom Initiative, a Student Freedom Initiative employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Student Freedom Initiative or users of the Website or expose them to liability.

Additionally, you agree not to:

·      Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.

·      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·      Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without our prior written consent.

·      Use any device, software, or routine that interferes with, or taken any steps intended to interfere with, the proper working of the Website, including attacking the Website via denial-of-service attack or a distributed denial-of-service attack.

·      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

·      Otherwise attempt to interfere with the proper working of the Website.

User Generated Content and Submissions

The Website includes the ability for you to submit to us information and other content, which may include text, photos, videos, audio recordings or other files, information or data (“Submission”). By providing any Submission to us, you represent, warrant, covenant and agree that:

·      you have all right, title and interest in and to the Submission, including without limitation all copyrights therein, or are a representative of the owners of such copyrights with the authority to grant to us the rights and waivers set forth in these Terms;

·      if your Submission includes the image or likeness of any other people, you have permission from those people to give Student Freedom Initiative the right to use, modify and distribute the Submission (including their image or likeness included therein) as set forth in these Terms;

·      your Submission does not and will not violate any contract or third party rights, including any patent, copyright, trade secret, trademark, privacy, publicity, or other personal or proprietary rights of any person;

·      your Submission does not and will not violate any applicable laws; and

·      all of the information included in your Submission is accurate and complete.

In addition, by providing us with a Submission, you hereby irrevocably license to us the right to digitize, modify, alter, edit, adapt, create derivative works of, publicly display, publicly perform, exhibit, transmit, broadcast, copy, reproduce, use, sell, rent, license, and permit others to use, the Submission (including any intellectual property rights therein and any portion thereof), including any derivative works thereof, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including internet-based applications, internet streaming and downloading, websites (including the Website), other digital transmission or delivery methods, mobile applications, social media posts, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform without further consent from or any royalty, payment, or other compensation to you.

You acknowledge and agree that you have no right to review or approve any Submission before they are used by us or at any other time, and that we have no liability to you for any editing or alteration of the Submission, or for any distortion or other effects resulting from our editing, alteration, or use of the Submission, or our presentation of you. Any acknowledgment or credit of you in connection with the Submission, if any, shall be determined by us in our sole discretion.

To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from our exercise of our rights under these Terms or the exhibition, advertising, promotion, exploitation, or other use of the Submission, and whether resulting in whole or in part by our or any other person’s negligence, covenant not to make or bring any such Claim against us and our agents, employees, and representatives, and forever discharge us from liability under such Claims. You understand that we are relying on your agreement to these Terms, and you agree that the license granted to us pursuant to these Terms cannot be terminated, rescinded, or modified, in whole or in part. You waive your right to injunctive and other equitable relief in the event of a dispute with us relating to your Submission. You will not have the right to enjoin or interfere with the use, distribution or exploitation of the Submission or any derivative works thereof.

Monitoring and Enforcement; Termination

We have the right to:

·      Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

·      Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.

Without limiting the foregoing, we have the right to take any action consistent with our Privacy Policy, including to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or otherwise using the Website.  YOU WAIVE AND HOLD HARMLESS STUDENT FREEDOM INITIATIVE AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Donations and Other Terms

All donations or other transactions through the Website or resulting from visits made by you to the Website are subject to these Terms and any other terms and conditions offered as part of the donation or other transactions.

Acceptance and Cancellation

You agree that your donation is provided under these terms.  After having received your donation made through the Website, we will send you a confirmation email with details of your donation.  Acceptance of your donation will take place when you receive our donation confirmation email.  You have the option to cancel your donation at any time before we have sent you a confirmation email by emailing us at donationcancellation@studentfreedominitiative.org.

Prices and Payment Terms

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of a donation. We or our partners accept all major credit cards, including Mastercard, Visa, American Express and Discover.  We also accept donation payments via PayPal and Zelle.  You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other source of payment for the donation, (iii) charges incurred by you will be honored by your credit card or other payment company, and (iv) you will pay charges incurred by you, including all applicable taxes, if any.

Returns and Refunds

There are no refunds, returns or exchanges (and you hereby waive your right to the same).  In our sole discretion, we may grant refunds, returns or exchanges on a case-by-case basis.

Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

·      Link from your own or certain third-party websites to certain content on the Website.

·      Send emails or other communications with certain content, or links to certain content, on the Website.

·      Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with.  Subject to the foregoing, you must not otherwise:

·      Establish a link to the Website from any website that is not owned by you.

·      Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking.

·      Link to any part of the Website other than the homepage, donation page or any other page that we agree to your linking in writing.

·      Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice in our discretion.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If, while on the Website, you elect to apply for a Student Freedom Agreement, you will leave the Website and be directed to the website of our originator and servicer, Nelnet.  Nelnet’s website is governed by Nelnet’s terms of use and privacy policy, not the Terms or our Privacy Policy, and you should review Nelnet’s terms of use and privacy policy before applying for a Student Freedom Agreement.

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in Washington D.C. in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content or files available for downloading from the internet or the Website will be free of viruses or other harmful code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PROVIDED BY LAW, STUDENT FREEDOM INITIATIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  NEITHER STUDENT FREEDOM INITIATIVE NOR ANY PERSON ASSOCIATED WITH STUDENT FREEDOM INITIATIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER STUDENT FREEDOM INITIATIVE NOR ANYONE ASSOCIATED WITH STUDENT FREEDOM INITIATIVE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STUDENT FREEDOM INITIATIVE, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IN NO EVENT SHALL THE TOTAL LIABILITY OF STUDENT FREEDOM INITIATIVE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (OTHER THAN SERVICE PROVIDERS THAT SHIP GOODS), AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) EXCEED FIFTY U.S. DOLLARS ($50.00 USD).

Indemnification

You agree to defend, indemnify, and hold harmless Student Freedom Initiative, its licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would apply the laws of another jurisdiction.  Venue shall rest exclusively in the courts situated in the State of Delaware, New Castle County.  If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.

Waiver

Any waiver by Student Freedom Initiative of any term or condition set out in these Terms must be in writing and executed by a Student Freedom Initiative employee with the authority to bind us.  No waiver by Student Freedom Initiative of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Student Freedom Initiative to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to the Website and the Terms

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Additionally, we may modify these Terms from time to time.  Any such modification will be effective upon our posting the revised Terms to the Website.  You agree to be bound by any changes to the Terms when you use the Website.  This Terms of Use Policy was last updated on November 11, 2021.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Student Freedom Initiative regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, including any prior versions of the Terms and our Privacy Policy.