Terms of Use

WEBSITE TERMS & CONDITIONS

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE EDUCATION RESOURCES INSTITUTE, INC. (“TERI”) ALLOWS EDUCATION LOAN APPLICANTS AND OTHER VISITORS TO ACCESS AND USE TERI’S WEBSITE (accessible at www.teri.org or at www.teriloans.com).

Introduction/Acceptance of Terms

TERI offers visitors to this website a variety of online information services, including general and personalized content, communication tools, and online and downloadable transaction information on the following terms and conditions (this “Agreement”). By using this and our affiliate websites in any way you are agreeing to comply with these terms, which we may update without notice. We encourage you to view this document at any time. Unless we expressly noted otherwise, this Agreement incorporates and, to the extent of any inconsistency, supersedes any other terms associated with the files and applications available on the www.teri.org and www.teriloans.com domains. If you do not accept these terms and conditions, or have any questions that are not answered anywhere on this website, please contact us at custserv@teri.org or call (800) 255-TERI.

TERI Responsibilities and Disclaimer; Limitation of Liability

TERI’s responsibility is to provide you with the information and services described in this Agreement in a commercially reasonable manner.

WHILE TERI USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, TERI MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH TERI AND THIS WEBSITE, AND YOU SHOULD NOT RELY UPON THEM. TERI PROVIDES THIS WEBSITE ON AN “AS IS, AS AVAILABLE” BASIS AND TERI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OR INTERRUPTION OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. YOU USE IT AT YOUR OWN RISK, AND TERI, ITS EMPLOYEES, DISTRIBUTORS, OFFICERS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO TERI) THAT MAY RESULT FROM ITS USE. TERI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, TERI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Your Responsibilities

You are responsible for any content that you post or transmit on or through this website. You will not use this website to distribute or solicit content that:

  1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
  2. includes personally identifiable information about children (other than information necessary to complete any loan application);
  3. infringes someone else’s intellectual property or other rights;
  4. advocates or solicits violence or other criminal conduct;
  5. violates any law, regulation, or contract;
  6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

Except as otherwise expressly agreed or required by applicable law, all data, remarks, suggestions, ideas, graphics, or other information communicated to TERI through this site (collectively, “Submissions” ) will forever remain the property of TERI or, in the case of loan application information, of the education loan lender to which the application is submitted. With the exception of loan application information, TERI will not be required to treat any Submission as confidential. Without limitation, TERI (or, in the case of loan application information, the applicable lender) will have exclusive ownership of all present and future rights to any and all Submissions of every kind and every nature everywhere. TERI will be entitled to use any and all Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not TERI, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website. You may not take any action that imposes any unreasonable or disproportionately large load on our infrastructure. You agree that your use of the website will remain within any band width and/or disk utilization limits that TERI may publish from time to time.

You understand that access to other accounts or restricted areas of the TERI system may be a criminal violation. You agree not to access any other account, nor attempt to obtain or decrypt any passwords or other security protection for any other account.

You agree to comply with TERI’s rules and policies regarding use of the site, as published from time to time by us. You agree that your use of the site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the site. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

Trademark Information

The name TERI is the trademark of The Education Resources Institute, Inc. and is registered in the United States and other countries. All other trademarks and service marks listed on this website are the property of their respective owners.

TERI’s trademarks identify TERI’s products and services. Except as set forth in the next paragraph, TERI’s trademarks and service marks may not be used in connection with any product or service that is not TERI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TERI.

You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require TERI’s written permission.

Except as described herein and in the section entitled “Copyright Information,” which appears below, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology on or used in connection with the TERI website.

Third Party Trademarks

All trademarks and service marks not owned by TERI that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TERI.

Copyright Information

All content included on this website such as text, graphics, logos, button icons, images, audio clips, and software, is the property of TERI or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is exclusive property of TERI and protected by U.S. and international copyright laws. All software used on this site is the property of TERI or its software suppliers and protected by U.S. and international copyright laws. Except as expressly set forth in this Agreement, any use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

You may use, copy and distribute the materials and information on the site for internal, informational purposes only. Any copy you make of the material must bear any copyright, trademark or other proprietary notice that pertains to the material being copied.

If you feel that any content on this website infringes your copyrights, you may contact us at the following address:

TERI
P.O. Box 848108
Boston, MA 02284-8108

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the TERI website, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

TERI will take appropriate action after receipt of such information to appropriately address the copyright issue raised, including, if necessary, removal of any infringing material.

Amendments

We may amend this Agreement at any time without notice by posting the amendments on our website and we encourage you to check the site at any time to review any changes. Amended terms will be effective immediately upon posting them to our website. This Agreement may not otherwise be amended except in a writing signed by both parties. This Agreement was last revised on 06/01/2004.

Accurate Information

You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through this website.

Privacy

We take your privacy seriously. Please view our comprehensive Privacy Statement. When you enter into transactions with or provide information to other companies providing content to this website, you will be subject to these privacy policies.

Security

If TERI issues you a password to access restricted information on this website, you agree to keep the password secret and not disclose it other than to authorized employees of TERI or one of its third party service providers. You also agree to notify TERI if you suspect that the password has been lost or stolen. You understand that TERI may provide information and services to anyone using your password, whether or not the person is actually authorized to use it.

TERI Software

TERI and any software it incorporates or downloads to you (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute information on this website or the Software.

Dealings With Advertisers

A number of other companies may supply content to this website and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to this website at your own risk. While the TERI trademark registration will appear on all pages available via this website to let you know that you are still within this website, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.

Breach; Indemnity

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to and use of the site as well as any of your other current activities involving TERI if you breach this Agreement.

You will indemnify TERI, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related to content you distribute via this website,or your use of or conduct on this website, or any violation of the terms of this Agreement.

Electronic Writings and Notices

The parties agree that any legal requirement of a written agreement or memorandum between them may be satisfied (1) by an e-mail, (2) by an electronic record of a document to be stored, retrieved and printed, or (3) by any other method recognized as a writing under the federal Electronic Signatures in Global and National Commerce Act. Any notice under this Agreement may be given (1) to you at the e-mail address you provide (if any), and (2) to TERI at custserv@TERI.org. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided during the enrollment process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Governing Law; Jurisdiction

This site is created and controlled by TERI from its headquarters in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern this Agreement, without giving effect to any principles of conflict of laws. TERI makes no representation that the materials on the website are appropriate or available for use in other locations and if you use this site from other locations, you are responsible for compliance with applicable local laws.

Severability

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Dispute Resolution

You and TERI agree that any controversy or dispute arising out of or relating to the performance of our respective obligations under this Agreement shall be resolved by arbitration conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Arbitration shall be conducted in Boston, Massachusetts. The parties shall attempt to agree upon an arbitrator. If they are not able to agree upon an arbitrator, then the arbitrator shall be appointed by the AAA. In any arbitration and in any litigation under this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys’ fees. Notwithstanding this arbitration clause, either party may seek interim or preliminary relief from a state or federal court located in Boston, Massachusetts, to the extent necessary to protect the rights or property of such party pending completion of arbitration.