Get2College.org Web Site Terms of Use

Education Services Foundation, a Mississippi non-profit corporation (referred to herein as “we”, “us”, the “Company” and/or “ESF”) maintains this web site (referred to herein as the “web site” or the “Site”) on the Internet as a public service for students, parents, financial aid professionals, education lenders, and others interested in learning about access to education, training and career opportunities.

This Site also contains certain information about Mississippi Higher Education Assistance Corporation, a Mississippi non-profit corporation (“MHEAC”) which operates exclusively for the purpose of financing certain loans authorized under the Higher Education Act of 1965, as amended.  References herein to “we”, “us”, the “Company” and/or “ESF”  includes, to the extent applicable, MHEAC.

ESF requires that all visitors (referred to herein as “you” or “your”) to our web site agree to the following terms and conditions governing the use of our web site (“Terms of Use”).  Please read them carefully.  By viewing or using this web site, you acknowledge and agree to the Terms of Use. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEB SITE.

Privacy Policy

We care about your privacy.  Click here to view the Site’s Privacy Policy.  By using the Site you are consenting to have your personal data transferred to and processed in the United States.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Use of the Site

You affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

You agree to provide only true, accurate, and complete information. You agree to be solely responsible for your actions and the contents of your transmissions through this web site. Our web site is available only to individuals who are authorized to use it or otherwise permitted under applicable law. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You agree not to submit any Trojan horses, viruses, worms or other programs intended to interfere with the normal operation of the web site or to obtain information from or through the web site in an unauthorized manner. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this web site.

Login and Passwords

You agree to only access the web site and our computer systems by viewing publicly available web pages or logging in using the method of authentication we may provide you from time to time. You agree not to obtain customer or business information you are not authorized to obtain. You are responsible to protect and maintain the confidentiality of any passwords or authorization methods that we may give you from time to time. If you permit any person to use your passwords or other authorization methods provided to you, you agree to be liable for any transactions made by that person, even if you did not intend for them to do so. You agree to exit the web site by logging off from your account after you have finished your session.

Changes to Terms of Use

ESF may modify or discontinue this web site, temporarily or permanently, for any reason, at its sole discretion, with or without notice to you. ESF may change the web site and the Terms of Use from time to time, with or without notice to you. You agree to review the Terms of Use periodically to ensure that you are aware of any changes. Your continued access to or use of this web site after any changes have been made shall be deemed your conclusive acceptance of such changes.

Intellectual Property Rights

This web site contains the intellectual property of ESF and other third parties and is protected by U.S. and international copyright law and other intellectual property laws. Unauthorized reproduction or distribution of its contents, in whole or in part, without the express written consent of ESF, may result in civil and criminal penalties, and may be prosecuted to the maximum extent possible under law.

Links to Third Party Web Sites

This web site may contain connections or links to web sites owned or operated by third parties. ESF does not control these other web sites and is not responsible for the products or services offered on these sites, or their availability, content and security. ESF’s inclusion of a connection, hyperlink or reference to a third party web site on our web site does not imply any endorsement of that site or any materials or information provided therein.

Indemnification

You agree to defend, indemnify and hold harmless ESF and MHEAC, and their respective 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: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESF, MHEAC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NEITHER ESF NOR MHEAC MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (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 INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.   IN NO EVENT SHALL ESF, MHEAC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE FOREGOING, 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.

YOU ACKNOWLEDGE AND AGREE THAT ANY LOAN AMOUNTS, INTEREST, FEES, OR ANY OTHER COSTS CALCULATED THROUGH THIS WEB SITE ARE PROVIDED AS ESTIMATES.

The Site is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Site is appropriate or available for use in other locations. Any offer for any feature, product or service made through the Site is void where prohibited by local law, rules or regulations.  Those who access or use the Site from outside the United States do so at their own volition and are solely responsible for compliance with all applicable local, regional and national laws.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications or content posted, transmitted, shared or stored on the Site. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or other failures on account of technical problems or traffic congestion on the Internet or the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.

Arbitration

YOU, ESF AND MHEAC AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Miscellaneous

You agree that: (i) this web site shall be deemed solely based in Mississippi; and (ii) the web site shall be deemed a passive website that does not give rise to personal jurisdiction over ESF and/or MHEAC, either specific or general, in jurisdictions other than Mississippi. These Terms of Use shall be governed by the internal substantive laws of the State of Mississippi, without respect to its conflict of laws principles.  These Terms of Use, together with ESF’s Privacy Policy and any other legal notices published by ESF and/or MHEAC on the web site, shall constitute the entire agreement between you, ESF and MHEAC concerning the web site. If any provision of these Terms of Use is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ESF’s or MHEAC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by ESF or MHEAC without restriction.

YOU, ESF AND MHEAC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE (INCLUDING YOUR VISIT TO OR USE OF THE WEB SITE) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.