Date Last Revised: April 11, 2019
By using the Website and Services you agree to be legally bound by the terms and conditions set forth in this Agreement. If you don’t accept the terms stated here, don’t use the Website or Services. This Agreement is subject to change and may be modified at any time, and any such modification will be effective immediately upon posting of the modified agreement on the Website.
Your right to use the Website and Services will terminate immediately, without any further action by IonTuition, if you breach any terms of this Agreement. IonTuition may terminate your use of the Website and Services at any time, with or without reason.
Website and Services
The Services include a personal student loan information management service that allows borrowers, family members of borrowers and people considering becoming borrowers to view certain information concerning student loan programs and services and to track aggregated student loan information from specific institutions on the Website. Based on such information, the Services may also present information relating to third party products or services. The Services include:
IonLearn – financial education and planning content
IonManage – student loan dashboard, repayment calculator, student loan monitoring with alerts and access to student loan counseling through call center
IonMatch – national college search engine and salary forecaster
IonPay – employer student loan contribution processing solution
IonPerks – discount program for special offers on products and services nationwide
Refinance Marketplace – allows Users to be presented with refinancing options from third party lenders or aggregators based on information provided by the User
IonCure – IonCure’s Concierge Advisors provide Users with assistance in curing delinquency or default on student loans
The Services may also include a document repository for documentation specific to your student loans. This allows you to upload student loan-related documents in specified formats to a central location for you to reference anytime you need them. Documentation such as MPN’s (Master Promissory Notes), billing statements, deferment or forbearance forms can all be updated for your future reference.
THE PRECEDING DESCRIPTIONS ARE QUALIFIED IN THEIR ENTIRETY BY THE DESCRIPTION OF THE SERVICES ON THE WEBSITE AND IN THE REGISTRATION, INCLUDING APPLICABLE FEES. BEFORE USING ANY SERVICE YOU SHOULD READ THESE DESCRIPTIONS CAREFULLY.
Reliance on Information
The Services are intended only to provide you with aggregated account information and data in a format and scope designed to assist your decision-making. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy that could have legal or financial consequences for you, you are strongly encouraged to obtain additional information and advice from your accountant or other financial, tax, legal, or professional advisers who are fully aware of your individual circumstances.
Referral to Lenders
If you are eligible to apply for loans offered by one of these Lenders, based on their criteria and the information you have provided, we may display choices that may interest you. You will then have the opportunity to select one of the choices. If you do not meet the eligibility criteria for the Lenders, then we may not provide you with any choices.
You will have to complete an application with a Lender before they will offer you a loan.
We may transfer your information to Lenders at your request and with your authorization to allow the Lender to prepare your application with them for you to submit. This is the point that you start an application process for a loan from the Lender that you have selected. The application process takes place with the Lender; we do not offer you the loan.
We do not guarantee that completing a request will result in a match with a Lender. You may not receive an offer from a Lender. We do not have any control over the criteria that Lenders use in accepting or rejecting your application. We do not guarantee that the options available to you from the Lenders are the best terms or the lowest rates available. If we do not provide you with any choices, then you will not be able to be transferred to a Lender from our Website to apply for a loan.
Lenders and other third parties may compensate us for services that we provide to them. This compensation may vary with each third party Lender, loan, or service.
Please see “Referrals to Third Parties” for additional terms governing services to third parties in general.
Please review our Disclosures for more information about student loan refinance.
Employer Sponsored Plans
Student Loan Counseling
In order to register for Services, you will be required to represent either that (i) you are eighteen (18) years of age or older or (ii) if you are under eighteen (18) years of age, the parent or guardian named in your registration has consented to your use of the Services and agreed to be responsible for your use of the Services.
You may not resell, in whole or part, or otherwise commercially exploit, assign or transfer your right to use the Services. You may not make your User Name or Password available to others, nor allow use of Services by others through your User Name or Password.
You agree to accept sole responsibility and liability for maintaining the confidentiality of your User Name and Password, for restricting access to your User Name and Password and for all use, whether authorized or unauthorized, of the Services under your User Name or Password.
If you become aware of any unauthorized use of your User Name and Password, you agree to notify us immediately at the email address email@example.com or by calling the telephone number 1-855-456-2656.
We will, and you expressly authorize us to, use the information you provide in your registration and any order form to: (a) process your orders including, without limitation, processing payments as set forth under ‘Billing’ below and communicating with you about the status of your order and (b) communicate with you about other products or services we offer or other topics we think you might find of interest.
Term of Agreement
All Subscriptions are for a fixed one-year term or three-year term. You will not be subject to automatic renewals of your Subscription. On the anniversary date of your last subscription date, your Subscription will terminate, along with your access to our Services, unless you choose to renew your Subscription.
IonTuition will send you an email notice at your email address(es) on record approximately 45 days before the end of your Subscription with an opportunity to renew your Subscription. The notice will let you know that your current Subscription term is about to end. The notice will also provide you with the renewal date when your Subscription will need to be renewed and the renewal rate for the new Subscription. Renewal rates are subject to change, but we will always notify you beforehand. Please keep a record of when your Subscription term ends and the next renewal date. You are responsible for timely renewing your Subscription regardless of whether you receive any notice from us.
We may cancel your subscription at any time upon notice to you. You may cancel your subscription by contacting us by email at firstname.lastname@example.org or via telephone at 1-855-456-2656.
You will be billed in advance for the time periods (i.e. monthly or annually) and at the rates set forth (the “Charges”).
Charges will automatically be billed to the credit card designated in your registration or any substitute credit card that you designate using the account management feature (the “Credit Card”), and you hereby authorize this automatic billing. It is your responsibility to notify us in a timely manner of any changes to the Credit Card.
If for any reason we are unable to bill Charges to the Credit Card, we will suspend your use of the Services and promptly notify you and upon receipt of such notice you will promptly pay any outstanding charges through means other than the Credit Card. In addition, as a condition to your continued use of the Services, you may be required to provide us with the information and authorization necessary to bill a different credit card for Charges going forward. Your use of the Services, and your new billing cycle, will re-commence upon our acceptance of such information and authorization.
Billing for Charges will continue until your use of the Service expires or is terminated as set forth in the applicable order form.
Other Parties and Websites
Referrals to Third Parties
We do not have control over the Services, and are not a broker, agent, dealer, sales representative, middleman or other intermediary. Decisions you make facilitated through the Website are strictly on your own. The publication on the Website of any Services does not constitute or imply an endorsement or recommendation by IonTuition or an assurance of legality, quality or safety by IonTuition. Any Services are provided by the respective professional and that professional is solely responsible to you for every aspect of such Services.
ANY CONTACTS YOU MAKE WITH ANOTHER PERSON OR ENTITY, OR DECISIONS YOU MAKE BASED ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE STRICTLY ON YOUR OWN. YOU MUST DO YOUR OWN DUE DILIGENCE AND USE YOUR BEST JUDGMENT.
THE USE, POSTING, DISTRIBUTION, OR PUBLICATION ON THE WEBSITE OF ANY LISTING, CONTENT OR INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, ADVICE, OPINION OR COMMENT BY IONTUITION NOR AN ASSURANCE OF LEGALITY, QUALITY OR SAFETY BY IONTUITION. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY OTHERS, INCLUDING OTHER USERS OF THE WEBSITE. IONTUITION WILL NOT BE RESPONSIBLE FOR ANY OFFER, SALE, PURCHASE OR OTHER TRANSACTION MADE, CONTENT POSTED, OR OTHER COMMUNICATIONS MADE BY ANYONE POSTING INFORMATION OR OFFERING SERVICES ON THE WEBSITE.
You agree to receive online and mobile alerts that IonTuition or its service providers may provide from time to time, including automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account on a Service. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. IonTuition may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts may be sent to the email address you have provided as your primary email and to any other secondary email addresses you have provided to any Institution, lender, servicer, or guaranty agency related to your loans that you view through the Service. If any of the email addresses you provide us or if your mobile number changes, you are responsible for informing us of that change. You may also have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include the password you generated in an alert to you (but we may send you a temporary password by email). We will never require you to input your password or any other personal information at any time for any reason in connection with an alert. However, alerts may include some information about your loan accounts. Depending upon which alerts you select, information such as a loan balance or the due date may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.
If, at any time, your personal information is not up-to-date and emails or other communication fail to elicit a response from you, you understand and agree that IonTuition may initiate a search through Internet and other publicly available data sources to identify your location information. “Location Information” consists of a current physical address, your email address, and home or work telephone number.
You may revoke our ability to communicate with you by e-mail to email@example.com or by telephone at 1-855-456-2656. IonTuition and service providers will have up to 10 days to comply from the date of receipt of such revocation. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, publically available Internet browser (such as Microsoft Internet Explorer).
Content and Comments Posted by Users
Any User Content that you post on the Website or send to us will be deemed non-confidential. By submitting User Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to us or posting it on the Website, you expressly grant IonTuition an irrevocable and unrestricted license to publicly display, use, reproduce, modify, create derivative works from, distribute and sublicense the User Content in any form.
We are not obligated to screen communications or postings in advance and are not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect IonTuition or its users.
If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Website. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may send an e-mail to firstname.lastname@example.org stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by IonTuition in its sole discretion. All decisions made by IonTuition are final and do not imply or impose on IonTuition any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
Rules of Conduct
You may not use the Website in any manner, or post, transmit, display, publish or distribute any content that, in IonTuition’s determination: (1) violates these Terms; (2) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others; (3) violates the privacy or publicity or other personal rights of others; (4) is fraudulent, deceptive, libelous, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually explicit or parody image or text; (5) is vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive; (6) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or (8) solicits personal information from anyone under 18 or otherwise harms minors in any way.
You may not, except with our express advance authorization or in a specially designated area use the Website to: (1) upload, post, email or otherwise transmit any member content that provides any telephone numbers, street addresses, last names, URLs or email address; (2) engage in commercial activities; or (3) solicit donations for any purpose.
General Practices Regarding Use and Storage
You agree that IonTuition has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by IonTuition.
Modifications to the Website
Copyright, Trademark and Other Restrictions
IonTuition, the IonTuition logo, IonLearn, IonManage, IonMatch, IonPay, IonPerks, IonRefinance and other marks are tradenames and trademarks of IonTuition. You may not use IonTuition’s tradenames or trademarks in connection with any product or service that is not offered by IonTuition, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits IonTuition. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.
Except as specifically authorized in advance by IonTuition, users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitations
In no event will IonTuition, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a “Released Party”) be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website or Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. In no event will any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this Website or the Services or the information contained herein. In no event will the aggregate liability to you for all claims directly or indirectly arising from the use of the Website or the Services exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
Indemnity and Release
If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”