These terms of use (these “Terms”) govern your use of the website at StudentDebtSmarter.org (the “Site”), which is operated by the Peter G. Peterson Foundation (“we,” “our,” “us”). These Terms constitute a legally binding agreement between you and us with respect to your use of the Site, which includes the Student Debt Affordability Calculator (the “Calculator”) and other content available through the website.
By visiting the Site, you acknowledge that you have read and agree to these Terms, which may be updated by us at any time without notice to you. If we update these Terms, we will post the updated version here. Any such changes will be effective when you first visit or use the Site after we post the changes here. If you have any questions about these Terms, you may email us at [email protected] or write to us at Peter G. Peterson Foundation, Attention: Legal, 888-C Eighth Avenue, Box 144, New York, NY 10019, USA.
We urge you to carefully review these Terms each time you visit the Site. If you do not agree with any provision of these Terms, you must stop using the Site. You acknowledge and agree that such termination of use will be your exclusive remedy and our sole liability if you do not wish to be bound by the Terms or any modifications to these Terms.
These Terms, which incorporate our Privacy Policy, constitute the entire agreement and understanding between you and us, and supersede any prior agreements and understandings, with respect to your use of the Site.
Age Requirement
You represent and warrant that you are at least 18 years of age, or, if you are under 18 years of age but at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to the Terms and to indemnify us and hold us harmless if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site.
No Agency, Partnership or Joint Venture
You acknowledge that your use of the Site does not create or constitute an agency, partnership or joint venture relationship with us, and nothing herein contained is intended to create or constitute, nor will it be construed to create or constitute, such an agency, partnership or joint venture relationship.
Personal Data
We are the controller in relation to any personal data that we collect in connection with your use of the Site.
Where you provide us with personal data, you confirm that it has been collected, processed, and disclosed to us in compliance with any applicable data protection laws and regulations.
License
We grant you a limited, non-sublicensable, non-assignable license, subject to these Terms, to access and use the Site. This license is revocable at any time. All rights not expressly granted to you herein are reserved by us.
Restrictions On Use
In using the Site, you warrant and covenant that you will not:
- violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
- act in a manner that violates any contractual or fiduciary obligations or third party rights or infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party;
- violate or attempt to violate the security of the Site;
- reverse engineer, decompile or disassemble any portion of the Site;
- provide any information pertaining to a third party without that person’s authorization;
- “scrape” information from the Site by automated means; or
- interfere with the ability of others to use the Site.
Without limitation of the foregoing, you acknowledge that the license set forth herein does not permit: (1) any resale or commercial use of the Site; (2) the distribution, public performance or public display of all or any portion of the Site; (3) modifying or otherwise making any derivative uses of the Site; (4) downloading (other than the page caching) of any portion of the Site; or (5) otherwise using the Site for other than its intended purpose.
Proprietary Rights
We and/or our licensors or service providers own the Site, including all content, graphics, images, artwork, text, software and other technology included in the Site. The foregoing ownership rights include all intellectual property rights inherent therein or appurtenant thereto. All trademarks and logos displayed on the Site are the property of their respective owners. “Peter G Peterson Foundation” and “Student Debt Smarter” are trademarks of Peter G. Peterson Foundation. You may not link any website to the Site without our prior written consent and if you do link other websites to the Site, you may not imply or suggest that we have endorsed or is affiliated with such websites, and you may not display the Site as “framed” within another website. We shall be free to use, for any purpose, any ideas, concepts, know-how or techniques related to the operation, content, technology or design of the Site that you provide to us.
Communications
While we make commercially reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site or your communications with us through the Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure.
Third Party Websites
These Terms apply only to the Site and not to other websites that may be accessible from the Site via hyperlink. We have no control over other websites that may be accessible from the Site. If you access any third party website through the Site or otherwise, you do so at your own risk. Links to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
International Use
The Site is operated and controlled in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. In addition, information collected from users outside the United States may be transferred to the United States. You agree that by accessing the Site, you shall be deemed to represent and warrant that your access to and use of the Site is permitted under all laws and regulations applicable to you.
DISCLAIMERS
THE SITE, INCLUDING THE CALCULATOR, IS MEANT AS A TOOL FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WE RECOMMEND THAT YOU DO YOUR OWN RESEARCH BEFORE MAKING ANY DECISIONS ABOUT YOUR EDUCATION, FINANCES, CAREER OR PLACE OF RESIDENCE.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON INFORMATION PROVIDED HERE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ALTHOUGH WE USE GOOD FAITH EFFORTS TO OBTAIN DATA FROM SOURCES THAT WE BELIEVE TO BE RELIABLE, WE AND OUR SERVICE PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SITE WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY LAW, CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PETER G. PETERSON FOUNDATION NOR ANY OF ITS AGENTS, DIRECTORS OR EMPLOYEES, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LIABILITIES, OR INJURIES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR LOSSES, HOWEVER CAUSED, ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SITE, WHETHER ARISING UNDER THESE TERMS OR OTHERWISE. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, LIABILITY OR INJURY THAT YOU MAY SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, INCLUDING ANY DAMAGES, LIABILITIES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION. WITHOUT LIMITING THE FOREGOING, UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF PETER G. PETERSON FOUNDATION, ITS AGENTS AND EMPLOYEES WITH RESPECT TO YOUR USE OF THE SITE, INCLUDING THE CALCULATOR, IS ONE DOLLAR (USD $1.00). NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN SHALL CONSTITUTE A WAIVER BY YOU OF ANY OF YOUR LEGAL RIGHTS UNDER ANY LAWS, WHOSE APPLICABILITY IS NOT PERMITTED TO BE CONTRACTUALLY WAIVED.
Termination
We may terminate your access to the Site for any reason, without prior notice. The provisions herein, other than your license to use the Site, will survive any termination of these Terms or termination of your access to the Site.
Assignment
We may assign our rights or delegate our obligations under these Terms, in whole or in part, at any time without your consent. You may not assign any of your rights, nor delegate any of your obligations, under these Terms. Any purported assignment or delegation in violation of these Terms shall be null and void.
IRS Circular 230 Compliance
Nothing on this Site is intended to constitute tax advice. To ensure compliance with requirements imposed by the IRS under the regulations in Section 10.35 of Circular 230, we inform you that any U.S. federal tax information contained in the Site is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Governing Law and Forum
You agree that your use of the Site and any disputes relating to the Site or these Terms shall be governed in all respects by the laws of the State of New York without reference to its conflict of laws provisions. Any dispute relating to the above shall be brought solely in the state or federal courts located in New York, New York, USA, and you expressly consent to the exercise of personal jurisdiction by and to venue in any such courts for purposes of resolving such disputes. You hereby waive trial by jury in any such action related thereto. YOU AGREE TO BRING ANY CLAIM SOLELY IN YOUR INDIVIDUAL CAPACITY AND YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY CLAIM AS PART OF A GROUP OR AS A CLASS ACTION.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. All references herein to “include” or “including” shall be deemed to mean “include without limitation” or “including without limitation,” as the case may be.
No Waiver
Our failure to require your performance of any of your obligations under these Terms shall not affect the full right to require such performance at any time thereafter nor shall our waiver of a breach of any provision of these Terms be taken or held to be a waiver of the provision itself.