Terms of Use.

Date Last Revised: April 15, 2021

Welcome to the Terms of Use for the IonTuition.com websites and any successor websites, subdomains, subsites, or mobile application which links or references these Terms of Use (each a “Website” and collectively, the “Websites”). As used herein, the words “User,” “you” and “your” mean users of the Websites and the words “we,” “our,” and “Site Provider” mean IonTuition, Inc. (“IonTuition”), owner and operator of IonTuition.com, the owner and operator of the Website, and IonTuition, Inc.’s affiliate i3 Group, LLC, the provider of certain of the services provided through the Websites.

PLEASE READ THIS WEB PAGE CAREFULLY – it states the Terms of Use under which you may access, interact with, and otherwise use the Websites and the services provided through the Websites (the “Services”). These terms of use constitute a binding legal agreement (the “Agreement”) between you and Site Provider.

By using the Websites and Services you agree to be legally bound by the terms and conditions set forth in this Agreement. If you don’t accept and agree to the terms stated here, don’t use the Websites 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 Websites. You will be bound by any such change, modification, or updated Term of Use if you continue to use the Websites or Services after such changes are posted. Unless otherwise noted, any new Services added to the Websites will be subject to this Agreement effective upon the date any such new Services are added to the Websites. We encourage you to review the Websites and this Agreement periodically for updates and changes.

Your right to use the Websites and Services will terminate immediately, without any further action by Site Provider, if you breach any terms of this Agreement. Site Provider may terminate your use of the Websites and Services at any time, with or without reason.

Limited License and Site Access; All Rights Reserved

Use of the Websites is limited to persons 18 years of age or older, unless otherwise set forth in this Agreement. Subject to your compliance with this Agreement, we hereby grant you a limited license to access and make personal use of the Websites, but not to download or modify it, or any portion of the Website, except with our express written consent. The license does not include a resale or commercial use of the Websites; any derivative use of the Websites; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by us.

Website and Services

The Services include a personal student loan and income share agreement information management service that allows borrowers, family members of borrowers, people considering becoming borrowers, recipients of income share agreements, family members of income share agreement recipients, and people considering becoming income share agreement recipients to view certain information concerning student loan and income share agreement programs and services and to track aggregated student loan information and income share agreement from specific institutions on the Websites. 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

ISAManage – income share agreement dashboard, income share agreement monitoring with alerts, and access to income share agreement counseling through call center**

IonMatch – national college search engine and salary forecaster

IonPay – employer student loan and income share agreement 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, issuers, or aggregators based on information provided by the User**

IonCure – IonCure’s Concierge Advisors provide Users with assistance in curing delinquency or default on federal student loans and private student loans

**Site Provider does not issue student loans or income share agreements. All loans and income share agreements are issued by third party lenders and issuers, which may include income share agreements issued by Blue Ridge Bank, N.A., Equal Housing Lender, member FDIC.

The Services may also include a document repository for documentation specific to your student loans and income share agreements. This allows you to upload student loan and income share agreement-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 WEBSITES AND IN THE REGISTRATION, INCLUDING APPLICABLE FEES. BEFORE USING ANY SERVICE YOU SHOULD READ THESE DESCRIPTIONS CAREFULLY. DUE TO OFFERS THAT ARE LIMITED IN TIME OR AVAILABILITY, CERTAIN PRODUCTS AND SERVICES DESCRIBED ON THE WEBSITEs MAY NOT BE AVAILABLE TO ALL USERS.

The Websites may provide certain summary descriptions or other helpful information regarding the Services. We attempt to be as accurate as possible; however, any such descriptions are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual Services to which they refer.

Connection Requirements

You are responsible for providing and maintaining, at your own risk, option, and expense, hardware, software, and communication lines required to access and use the Website, and we reserve the right to change the access configuration of the Websites at any time without prior notice.

Reliance on Information

SITE PROVIDER AND ITS SERVICE PROVIDERS DO NOT PROVIDE, AND THE SERVICES ARE NOT INTENDED TO PROVIDE, LEGAL, ACCOUNTING, TAX, BROKER, FINANCIAL PLANNING, CREDIT COUNSELING, OR STUDENT AID OR COUNSELING ADVICE OR SERVICES.

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 and Issuers

Upon your request, we work with third party lenders, issuers, and aggregators to provide a selection of refinance opportunities applicable to your needs. We are not a lender or broker. We do not take applications, make loans or income share agreements, or make credit decisions in connection with your loans or income share agreements.

If you are eligible to apply for loans offered by one of these lenders or income share agreements offered by one of the issuers, 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 or issuers then we may not provide you with any choices.

You will have to complete an application with a lender or issuer before they will offer you a loan or income share agreement.

We may transfer your information to lenders or issuers 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 or income share agreement from the Lender that you have selected. The application process takes place with the Lender; we do not offer you the loan or income share agreement.

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 or issuers use in accepting or rejecting your application. We do not guarantee that the options available to you from the lenders or issuers 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 or issuer from our Websites to apply for a loan or income share agreement.

Lenders, issuers and other third parties may compensate us for services that we provide to them. This compensation may vary with each third party lender, issuer loan, income share agreement, 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 loans, refinance, and income share agreements.

Employer Sponsored Plans

If you are participating in any services through an employer-sponsored student loan or income share agreement contribution and/or matching plan, we are not liable for (i) funds arriving on time, or at all, including due to issues with payment processors or the payment address you provide, (ii) employer responsibilities, including funding payments and paycheck deductions or (iii) how payments are applied by lender and/or servicer.

Student Loan and Income Share Agreement Counseling

Subscription to certain Services may entitle you to access to student loan and income share agreement counseling through our call center, provided the frequency and duration of calls are reasonable. We may limit or terminate your access to the call center if we determine your use is excessive.

Registration

For access to Services, you will be required to register as a User. In your registration as a User, you will be required to create a unique identification code (“User Name”) and a password (“Password”) that will be required to order services. You may only access Services using your assigned User Name and Password and may not access the Services using the User Name or Password of any other person. You represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

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 are responsible for any activity that occurs through your account and you will not sell, transfer, license, or assign your account, username, or any account rights. 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 security@iontuition.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

In some cases, you may be able to purchase a subscription to our Services (a “Subscription”) Subscriptions are for a pre-paid fixed 12-month subscription term. Services begins as soon as your initial payment is processed.

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.

Site Provider 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 info@iontuition.com or via telephone at 1-855-456-2656.

Billing

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.

You will not be able to access our Services unless your account for your Subscription is in good standing and you are otherwise in compliance with these Terms of Use.

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.

Privacy

Your privacy is important to us. Disclosure and use of information obtained from Users and third parties is subject to Site Provider’s Privacy Policy. In addition, if you are issued a loan or an income share agreement by a third party issuer or lender, disclosure and use of information obtained from Users and third parties is subject to that third party issuer’s or lender’s privacy policy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version to the Websites. We encourage you to check the Websites periodically check the Websites for updates. If you disagree with anything in our Privacy Policy, you should not access the Websites and discontinue your use of the Services..

Prohibited Use

Any use or attempted use of the Websites: (i) for any unlawful, fraudulent, or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) interfere with any other party’s use and enjoyment of the Websites; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by us to be made accessible to a User, (vi) attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the business purpose for which it was intended, is prohibited. .

Other Parties and Websites

From time to time, we may make available to you links to other parties’ websites. Those third party services and websites are not governed by our Terms of Use or Privacy Policy but may be governed by other terms of use and privacy policies. Any website you may access through the Websites is independent, and Site Provider has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. The opinions, statements, products, services, or other information expressed or made available by third party suppliers or users on those third party websites are those of such third party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the content displayed on a third party website will not infringe on the rights of third parties not owned by us. You need to make your own independent decisions regarding your interactions or communications with any other Web site.

Referrals to Third Parties

Some parts of the Services may be, now or in the future, supported by sponsored links from advertisers and/or special offers. These may be custom-matched to you based on your information stored in the Services, queries made through the Services, or other information obtained in connection with your access or use of the Website and Services. We may, and you authorize us to, provide your information to third party service providers in accordance with our privacy policy.

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 Websites are strictly on your own. The publication on the Websites of any Services does not constitute or imply an endorsement or recommendation by Site Provider or an assurance of legality, quality or safety by Site Provider. 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 WEBSITES 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.

Electronic Communications

When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications with us electronically and you agree that we may contact you at any time (24x7x365) by e-mail, text or phone call. If any email address or mobile number you provide us changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.

An electronic message sent by you will not be immediately received by us. No action will be made on an electronic message you send to us until we have actually received your message and have a reasonable opportunity to respond to it.

You agree to receive online and mobile alerts that Site Provider or its service providers may provide from time to time, including automatic alerts and voluntary account-related alerts. 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. You further agree that any notices provided to us electronically are deemed to be given and received on the date we transmit such electronic communication as described in this Agreement. If you need to contact us immediately, please contact us or by telephone at 1-855-456-2656. There may be limitations on your use of electronic messaging from time to time and for certain transactions.

Automatic alerts may be sent to you following certain changes made online to your account on a Service. We may also communicate with you about information related to any or all of the Services that we feel may be of interest to you. 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. Site Provider 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 or income share agreements 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. If you receive information from us that you believe is intended for another recipient, you agree to immediately return the information to us and delete the communication.

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 or income share agreement accounts. The alerts you receive may vary depending on whether you are receiving alerts in connection with a federal student loan, private student loan, or income share agreement. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time. You acknowledge that you understand the risks of using email and that we are unable to guarantee the authenticity, privacy, or accuracy of information received or sent by email or to monitor the authorization of persons using your email address to send or receive information. Having acknowledged the risks associated with communicating via email, you (i) agree that we have no obligation to monitor or investigate the use of your email account, or the source of any email communication received from you bearing your email address, (ii) release us from any claim or liability arising from or in connection with any communications sent or received using email, and (iii) agree to indemnify us from all claims, losses, expenses, or liability arising from or connected in any way with the use of email as contemplated by this Agreement.

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 Site Provider 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 info@iontuition.com or by telephone at 1-855-456-2656. Site Provider and service providers will have up to 10 days to comply from the date of receipt of such revocation. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. 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, publicly available Internet browser (such as Microsoft Internet Explorer).

To the extent that any other agreement between you and us requires us to provide you with written notice to a particular address regarding any matter, you agree that these provisions regarding the use of email do not displace or modify any such requirement for a written notice, and you agree to comply with any requirement for a written notice without reference to these provisions regarding the use of email.

Content and Comments Posted by Users

To the extent we permit posting by Users, the ideas, suggestions, opinions, comments and observations made by Users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided by Users (all of which are referred to as “User Content”) are not endorsed by Site Provider, and we make no guarantee regarding the reliability, accuracy or quality of any User Content that is posted on the Websites. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content. All User Content posted to the website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content will be to such individual.

Any User Content that you post on the Websites 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 Websites, you expressly grant Site Provider an irrevocable and unrestricted license to publicly display, use, reproduce, modify, create derivative works from, distribute and sublicense the User Content in any form.

In addition, in connection with your use of the Website, you agree you will not:

  1. Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right to privacy or publicity;
  2. Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right to privacy or publicity;
  3. Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right to privacy or publicity;
  4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. Delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
  6. Use the Website’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting or repetitive text);
  7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise;
  8. Violate any applicable local, state, national, or international law;
  9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Manipulate or otherwise display the Websites by using framing, mirroring, or similar navigational technology, or directly link to any portion of the Websites or than the main homepage in accordance with the limited license set forth in this Agreement;
  12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Websites or any related networks or systems;
  13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or Services if you are not expressly authorized by such party to do so;
  14. Harvest or otherwise collect information about others, including email addresses; or
  15. Use any robot, spider, scraper, or other automated or manual means to access the Websites or copy any content or information on the Website. 

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of your ability to access the Websites or your accounts. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

We are not obligated to screen communications or postings in advance and are not responsible for screening or monitoring the Websites, its posted content, or any content of any third party’s website, email transmission, or other material created or accessible through a third party website. However, you acknowledge and agree that we have the right to monitor the Websites electronically from time to time in our sole discretion; to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may violate this Agreement, or are inconsistent with our purpose for these Websites; and disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Websites properly, or to protect Site Provider 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 Websites. 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 info@iontuition.com 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 Site Provider in its sole discretion. All decisions made by Site Provider are final and do not imply or impose on Site Provider 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

The following rules of conduct apply to your use of the Websites and to any and all User Content you post on the Website, whether in blogs, groups, private messages, emails, profiles, comments or any other portion or feature of the Website.

You may not use the Websites in any manner, or post, transmit, display, publish or distribute any content that, in Site Provider’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 Websites 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

We may establish general practices and limits concerning use of the Websites, including, for example, limits on the number of: (1) days that blogs, message board postings or other uploaded content and User Content will be retained; (2) Groups to which you may belong; (3) files (including graphics, photographs, videos or sound/music files) that may be posted; (4) disk space that will be allotted on Site Provider’s servers on your behalf, and (5) times you may access the website in a given period of time (and the maximum duration of your visits to the website).

You agree that Site Provider 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 Site Provider.

Modifications to the Website

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice and will not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Copyright, Trademark and Other Restrictions

The Websites and its contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Websites (collectively, the “Material”), are protected by copyright under United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may view and download a single copy of content on the Websites solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by Site Provider. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

IonTuition, the IonTuition logo, IonLearn, IonManage, IonMatch, IonPay, IonPerks, IonRefinance and other marks are tradenames and trademarks of IonTuition. You may not use any Site Provider’s tradenames or trademarks in connection with any product or service that is not offered by, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits the Site Provider. Other trademarks, product names and company names or logos used on the Websites are the property of their respective owners.

Except as specifically authorized in advance by Site Provider, users may not deep-link to the Websites for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Websites.

Infringement Notices

It is Site Provider’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for the Website: info@iontuition.com.

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

YOUR USE OF THE WEBSITES ARE AT YOUR SOLE RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SITE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SITE PROVIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, INTENT, USEFULNESS, FREEDOM FOR MALICIOUS CODE, OR TIMELINESS OF THE MATERIAL, CONTENT, SERVICES AND LINKS. WE MAKE NO WARRANTY THAT THE WEBSITES ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

The information contained in this Agreement is not intended to be a complete description of the terms and conditions applicable to the Services but are provided solely for general informational purposes. You should refer to the specific terms of each of the Services for the complete terms and conditions.

In no event will Site Provider, 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 (i) the Website, (ii) the use or inability to use the Websites or Services, (iii) any action taken in connection with any investigation by law enforcement authorities regarding your or any other party’s use of the Website, (iv) any action taken in connection with copyright or other intellectual property owners, (v) any errors or omissions in the Websites’ operation, or (vi) any damage to any User’s computer, mobile device, or other equipment or technology including, without limitation, damages for loss of products, use, data, or other intangible losses; 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 the Websites 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 Websites 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

As a material inducement to provide you with use of the Websites, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.

If you have a dispute involving the Websites 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.”

Governing Law and Jurisdiction; Venue; Severability

This Agreement is governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement will lie exclusively with the state or federal courts in Cook County, Illinois where Site Provider has its principal place of business. You hereby consent to the personal jurisdiction and venue of such courts. All parts of this Agreement will apply to the maximum extent permitted by law. You and we agree that if any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable as written, then that par twill be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of a part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section heading are for convenience and do not have any force or effect. If you access the Websites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Entire Agreement

This Agreement, the Privacy Statement, and other agreements we may post to the Websites constitutes the entire agreement between you and us in connection with your use of the Websites and supersedes any period agreements between you and us regarding the use of the Websites, including any period versions of these Terms of Use.

No Agency Relationship

Neither this Agreement, nor any content, materials, features, products, or Services of the Websites create any joint partnership, joint venture, employment, or other agency relationship between you and us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of this Agreement constitutes an unlawful and unfair business practice that will cause us irreparable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Questions

If you have any questions or concerns about these Terms of Use, you can contact us by e-mail us at info@iontuition.com.