Last Modified: May 1, 2015
Welcome to the eStudentLoan.com™ website!
"You" and "your" refer to you, as a user of the Services. A "user" is someone who accesses, browses or otherwise uses the Services.
Table of Contents
- Modifications to the Services
- Access to the Services, Your Information and Account Security
- Your Responsibility for Account Activity
- Termination of Access or Accounts
- Agreement to Be Contacted
- Our Trademarks
- Prohibited Uses
- Your User Contributions
- Monitoring and Enforcement; Termination
- Content Standards
- Infringement Policy
- Linking to the Services
- Third Party Links and Content
- Financial Service Providers and Educational Institutions
- College Counselors and Members
- Electronic Communications
- Disclaimer of Warranties
- Limitation on Liability
- Governing Law; Arbitration; Class Action Waiver
- Limitation on Time to File Claims
- Waiver; Severability and Other Terms
- Comments or Concerns
The Services are not intended for children under 13 years of age. As stated in our Privacy Notice , we do not knowingly collect personal information from anyone under 13 years of age.
The Services also are intended for use only by residents of the United States or any of its territories or possessions. The Services may not be appropriate for use in any other country and may not comply with laws that apply to international users.
By using the Services, you are confirming that you meet all of the above requirements. If you do not meet all of these requirements, do not access or use the Services.
Please be advised that certain features on the Services may be subject to additional terms and conditions. In the event you wish to access or use those features, you will be prompted to review and accept those additional terms and conditions prior to your access or use.
Modifications to the Services
To the extent not prohibited by law and except as otherwise provided in any applicable additional terms and conditions, which may govern certain features of the Services, we reserve the right to withdraw or change the Services, any part of the Services, and any service, product or material we provide on the Services, temporarily or permanently, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website, to users, including registered users.
Access to the Services, Your Information and Account Security
You are responsible for making all arrangements necessary for you to have access to the Services.
To access the Services or some of the resources it offers, you may be asked to provide us with information about yourself. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You are solely responsible for updating any information that you provide us. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to refuse your requests to access any or all of the Services or establish an account with us.
Your Responsibility for Account Activity
You agree that you will be legally bound by the actions taken and the agreements made by any person using your account information and password, regardless of whether you permitted such use.
Termination of Access or Accounts
You may cancel your account by contacting us at email@example.com
Agreement to Be Contacted
You agree to be contacted by us or on our behalf or by any other party to whom you may be referred or whom you may contact via your utilization of the Services by mail, email, telephone calls, text messages, and other platforms for marketing and non-marketing purposes associated with the business of the Services. You also specifically agree that you have provided express consent to receive autodialed and prerecorded non-marketing calls (e.g., calls to service your relationship with us) and text messages from us or on our behalf at the telephone number(s) that you provide.
You confirm that all of your contact information is correct. You also agree that you are the subscriber for the telephone number(s) provided and the authorized user for the email address(es) provided. You also agree to notify us promptly if any of your number(s) or address(es) change in the future. You understand that your wireless service provider’s message and data rates may apply to the messages that we send to or receive from you.
You also agree that by submitting a request, application or inquiry for a scholarship, loan service or product or a school matching service or referral through the Services, you are extending an express invitation to us and each applicable organization, financial service provider, and educational institution related to the submission to contact you so that we and they may assist you with your transaction or request. Such communications may include marketing or promotional communications.
We grant you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, terminable, and limited license to use the Services on your computer or mobile device subject to applicable end user license agreements. You must abide by all laws and regulations applicable to the Services and the Terms.
You may not:
- Reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, resell, transfer, lease, license, grant rights in or modify the Services or its associated information.
- Submit any automated or recorded requests using the Services; use the Services for any commercial use; or access the Services except through means authorized herein.
- Decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas or algorithms of the Services.
- Remove any proprietary notices, labels or marks from the Services or knowingly take any action that would cause the Services or its associated information to be placed in the public domain.
- Attempt to circumvent any security or access controls included in or with the Services.
You may print or download, as applicable, one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
We may make some of the content on the Services available through Real Simple Syndication ("RSS") feeds. You may access these feeds in order to display this feed content on your personal computer or application only if (1) your use of the feeds is for personal use only, (2) your display of the feed links back to the relevant pages of the Services and attribute us as the source of the feed content, (3) your use or display of the feed content does not suggest that we or any of our affiliates promotes or endorses any third party causes, ideas, products or services, or websites including your website, (4) you do not redistribute the feed content in any way or form, and (5) your use of the feeds does not overburden our systems. We reserve all rights in the feed content and may terminate the feeds or use of the feeds at any time.
The Unigo Group, Unigo, SchoolBound, eStudentLoan, ScholarshipExperts, names, the terms "Return on Education”, “Go. Find. You.”, “Real, unfiltered, no-BS college reviews”, the Unigo, Unigo Group, eStudentLoan, ScholarshipExperts logos and all related names, logos, product and service names, designs and slogans of any of the Unigo Businesses are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or soliciting them to submit their personal information or inappropriate content.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm us or users of the Services or expose them to liability.
- In any manner that could disable, overburden, damage or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Additionally, you agree not to:
- Use any automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Record, process or mine information about other users of the Services.
- Access, retrieve or index any portion of the Services for purposes of constructing or populating a separate database of user review or survey content.
- Engage in any activity that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material to the Services that is malicious or technologically harmful to our systems, the Services or the devices of any party.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Except where restricted or prohibited by law, we may terminate your access to the Services effective immediately for any reason, including, but not limited to, our conclusion that you have violated the Terms.
Your User Contributions
The Services may contain various features (including, but not limited to, message boards, invitation tools, and surveys) (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Services.
You understand and acknowledge that you assume all risks associated with any User Contributions you Post, including their legality, appropriateness, and effect on any third party rights. You also understand and acknowledge that you are responsible for any third-party reliance on the quality, accuracy or reliability of your User Contributions.
You agree and acknowledge that for any User Contributions you Post, including any content or materials covered by intellectual property rights, proprietary rights, publicity rights or privacy rights, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use your User Contributions for any purpose. Please note that you also irrevocably grant users of the Services the right to access your User Contributions in connection with their use of Services.
If we or our licensees use your User Contributions in any way, including for any advertisements or marketing purposes, you understand that you are not entitled to any compensation for such use, and the manner, mode and extent of such use are subject to change without specific notice to you. We have no obligation to retain or provide you with copies of your User Contributions nor do we guarantee any confidentiality with respect to your User Contributions.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE, AND HOLD US, OUR AFFILIATES, LICENSEES AND SERVICES PROVIDERS HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (as determined in our sole discretion):
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Publicize other people's private information, photographs or full names or other personally identifying information without their permission.
- Be likely to deceive any person.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as we expressly permit.
Reporting Claims of Copyright or Trademark Infringement
We take claims of intellectual property infringement seriously. If you believe any materials accessible on or from the Services infringe your copyright or trademark, you may request removal of those materials (or access to those materials) from the Services by sending us written notification as specified below and with the following information:
- Identification of the copyrighted or trademarked work that you believe has been infringed;
- Identification of the material you believe to be infringing your copyright or trademark in a sufficiently clear and accurate manner to allow us to locate that material (e.g., the URL for the web page on which the material appears);
- A statement by you that you have a good faith belief that use of the material identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent or the law;
- A statement by you that the information in your notice is accurate;
- A statement by you that you attest, under penalty of perjury, that you are the copyright or trademark owner or are authorized to act on behalf of the owner; and
- Your physical or electronic signature, together with your contact information (postal address, telephone number and, if available, e-mail address).
Send your notice by U.S. postal mail or by e-mail to the respective postal address or e-mail address of our designated copyright agent listed below:
Copyright Agent: Christopher Erickson
1600 Pioneer Tower 888 SW Fifth Avenue
Portland, OR 97024
If you fail to comply with all of the requirements above, your notice may not be effective.
Also, please be aware that if you knowingly make material misrepresentations in your notice regarding the allegations, you may be held liable for damages, including costs and attorneys' fees.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may send us a written counter-notification as specified below and with the following information:
- Identification of the copyrighted or trademarked work that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside in the United States, for any judicial district in which the Services may be found) and that you accept service from the person (or an agent of that person) who provided us with the complaint at issue; and
- Your physical or electronic signature, together with your contact information (postal address, telephone number and, if available, e-mail address).
Send your completed counter-notifications by U.S. postal mail or by e-mail to the respective postal address or e-mail address of our designated copyright agent listed below:
Copyright Agent: Christopher Erickson
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97024
Please be aware that if you knowingly make material misrepresentations in your counter-notification, you may be held liable for damages, including costs and attorneys' fees. Repeat Infringers It is our policy in appropriate circumstances to disable or terminate the accounts of users who we believe, within our sole discretion, to be repeat infringers.
It is our policy in appropriate circumstances to disable or terminate the accounts of users who we believe, within our sole discretion, to be repeat infringers.
Linking to the Services
You are not permitted to link directly to any image hosted on the Services, including but not limited to using an “in-line" linking method to cause the image hosted by us to be displayed on another web site, unless expressly permitted by us in writing. You agree not to download or use images hosted on the Services for any purpose, including, without limitation, posting such images on another site, unless expressly permitted by us in writing.
You agree not to link from any other web site to the Services in any manner such that the Services, or any part of the Services, is “framed," surrounded or obfuscated by any third party content, materials, advertising or branding. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
We have the right to insist that any link to the Services be discontinued, and to revoke your right to link to the Services from any web site at any time.
Third Party Links and Content
The Services contains links to other websites and resources provided by third parties, and these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of those third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
The Services may direct you to third-party educational or financial institutions. We do not make any representations or warranties regarding those institutions nor are we responsible for their practices. You should use your own judgment when evaluating those institutions.
Financial Service Providers and Educational Institutions
Depending on which functions, services, or products you access or use on or through the Services, the Services may direct you to third-party educational or financial institutions, and you may, as applicable, apply for, request or submit inquiries related to scholarships, loans, loan comparisons, financial aid or school admissions information. We do not make any representations or warranties regarding those institutions, nor are we responsible for their practices. You should use your own judgment when evaluating those institutions.
With respect to loans, loan services and financial aid, you may be directed to third party service providers or Business Partners, including but not limited to financial institutions such as creditors, lenders, loan servicers, loan processors, loan originators and loan comparison services (“Financial Service Providers”) from which you can seek financial advice, related information, or financial products or services. Unigo is a marketing lead generator and marketing partner of certain Financial Service Providers, and Unigo may be affiliated with or have joint marketing relationships with certain Financial Services Providers that can be found through the Services. Financial Service Providers may pay us a marketing lead generation fee for the products and services provided. Your use of the Services and/or our products and services constitutes your agreement with this compensation arrangement.
With respect to school admissions information, you may be directed to certain for-profit educational institutions. Unigo is a marketing lead generator and a marketing partner of certain educational institutions including certain for-profit educational institutions. Such institutions may pay Unigo a marketing lead generation fee for the products and services provided. Your use of the Services and/or our products and services constitutes your agreement with this compensation arrangement.
College Counselors and Members
College Counselors are third-party contractors of Unigo that provide information about colleges, admissions, financial aid and/or related services. College Counselors are not employees or agents of Unigo and are not authorized to present themselves as such. Unigo does not endorse, recommend, verify, evaluate or guarantee information or services provided by College Counselors via the Services or any other medium.
Members are individuals who register for the Services and seek information about colleges, admissions, financial aid and/or related services.
Unigo is not a party to any agreement for information or services made between Members and College Counselors. Members and College Counselors must resolve between themselves any and all issues arising from or concerning agreements made between them.
By accepting the Terms, you consent and agree to receive important agreements, notices, disclosures and other communications ("Communications and Disclosures") in electronic form (either by e-mail or via the Internet). You agree that all Communications and Disclosures that we provide to you electronically satisfy any legal requirements that the Communications and Disclosures be in writing.
You understand that you will need to have access to certain hardware and software requirements, such as Internet access, a relatively recent version of PDF software (e.g., Adobe Acrobat Reader), the ability to print, e-mail access and a relatively recent version of a web browser (e.g., Internet Explorer, Safari, Firefox or Chrome) in order to access and retain the Communications and Disclosures electronically. By agreeing to these Terms of Service, you acknowledge that you have the ability to access and retain PDF files. Subject to our documentation retention policies, you have the right to withdraw your consent and/or receive any of the legally required disclosures we have given to you in paper form, but we may charge you a reasonable fee to cover the cost of printing and mailing these Communications and Disclosures.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SERVICES. WE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE, ANY OF THE UNIGO BUSINESSES, OUR AFFILIATES OR ANY OF OUR AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), UNDER ANY LEGAL THEORY (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law; Arbitration; Class Action Waiver
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
"Dispute" means any claim or controversy between you and us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory. "Dispute" also means any dispute, claim or controversy concerning the validity, enforceability and scope of this Arbitration Clause, including issues of arbitrability. You agree that the transaction between you and us concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, governs the ability to arbitrate any Disputes.
IF A DISPUTE ARISES, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO A BINDING ARBITRATION BY A SINGLE ARBITRATOR AT A MUTUALLY CONVENIENT LOCATION, SELECTED BY US, THAT IS WITHIN 100 MILES OF YOUR RESIDENCE ADDRESS IN THE CONTIGUOUS UNITED STATES OR IN SUCH OTHER MUTUALLY CONVENIENT LOCATION WITHIN THE CONTIGUOUS UNITED STATES IF YOUR RESIDENCE ADDRESS IS LOCATED OUTSIDE OF THE CONTIGUOUS UNITED STATES.
BOTH PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN ANY COURT (EXCEPT SMALL CLAIMS COURT IN THE CIRCUMSTANCES ADDRESSED BELOW) AND HAVE A JURY TRIAL. NOTWITHSTANDING THE PRIOR SENTENCE, BOTH PARTIES RESERVE THE RIGHT TO BRING APPROPRIATE, INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT INSTEAD OF SUBMITTING SUCH DISPUTES TO BINDING ARBITRATION.
THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT AND OTHER RIGHTS AVAILABLE IN COURT, SUCH AS RIGHTS RELATING TO INFORMATION GATHERING, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Class Action Waiver
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON ANY BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OR OTHER PERSONS SIMILARLY SITUATED.
An Arbitration Administrator (“Administrator”) will consider and resolve any Dispute between you and us in accordance with this Arbitration Clause. The Administrator will be one of the following: (1) JAMS – 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-800-352-5267; or (2) if JAMS is unable or unwilling to serve as Administrator, a neutral and impartial arbitrator mutually acceptable to you and us.
If you and we cannot agree on an Administrator, you and we agree that a court may appoint the Administrator a court in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 through 16. However, if a company adopts or has in place formal or informal policies that are inconsistent with and purport to override the terms of this Arbitration Clause, that company may not serve as Administrator absent your and our consent.
The rules and forms for JAMS may be obtained by writing to JAMS at the addresses listed above.
The party submitting the Dispute to arbitration shall notify the other party in writing. We will notify you by sending notice to the latest address we have in our files. You may notify us by sending notice to: ATTN: Arbitration Notice [EDPlus Holdings, LLC/EDPlus Holdings, Unigo Group], 5300 Meadows Road, Suite 400, Lake Oswego, Oregon 97035.
The party submitting the Dispute to arbitration shall, as described above and in accordance with this Arbitration Clause, select an Administrator. The Administrator will resolve the Dispute under this Arbitration Clause and, to the extent consistent with this Arbitration Clause, the applicable rules of the Administrator then in effect.
A single arbitrator will be appointed by the Administrator and, unless you and we agree otherwise, the arbitrator must be a practicing attorney with 10 or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court nor by state or local laws that relate to arbitration provisions or proceedings.
For any Disputes that total less than $75,000.00 and at your written request, Unigo will pay all filing, hearing and other fees that JAMS or the arbitrator charge you for the Dispute to the extent that those fees exceed the lesser fee, if any, for filing a claim in state or federal court in the judicial district in which you reside. If you file a claim in state or federal court prior to initiating arbitration, you will not be required to pay any fees for arbitration if the dispute totals less than $75,000 and you submit a written request to Unigo to pay the fees. JAMS may allow you to seek a waiver of any fees for the arbitration. We will always pay any fees or expenses that are required to enforce this Arbitration Clause or that the law or JAMS’s rules require us to pay.
You acknowledge that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will, if requested, take reasonable steps to protect your personal information and our information from disclosure outside of the arbitration proceeding.
If any portion of this Arbitration Clause (other than the class action waiver) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Clause, and the remainder of the Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, then this Arbitration Clause will be unenforceable in its totality, and the Dispute will be decided by a court of competent jurisdiction in Portland, Oregon.
Limitation on Time to File Claims
Waiver; Severability and Other Terms
These Terms supersede all prior understandings regarding your use of the Services and represent the complete agreement between you and us regarding your use of the Services.
Comments or Concerns
- Via regular mail: EDPlus Holdings, Unigo Group, 5300 Meadows Road, Suite 400, Lake Oswego, Oregon 97035.
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