Educational Direct® Terms And Conditions
Welcome to the Educational Direct® website (the "Website"). The Website is an Internet property of Affinity Direct, LLC ("Affinity," "we" or "us"). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). This Agreement is inclusive of any operating rules, policies, price schedules, rules associated with any of our Promotions (as that term is defined hereinbelow) and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
- ACCEPTANCE OF AGREEMENT. You agree to the terms and conditions outlined in
this Agreement with respect to your use of the Website. This Agreement
constitutes the entire and only agreement between you and Affinity with respect
to your use of the Website, and supersedes all prior or contemporaneous
agreements, representations, warranties and/or understandings with respect to
the Website. We may amend this Agreement from time to time in our sole
discretion, without specific notice to you. The latest Agreement will be posted
on the Website, and you should review this Agreement prior to using the
Website. By your continued use of the Website, you hereby agree to all the
terms and conditions contained within the Agreement effective at that time.
Therefore, you should regularly check this page for updates and/or changes.
- REQUIREMENTS. The Website is available only to individuals that can enter
into legally binding contracts under applicable law. The Website is not
intended for use by individuals under the age of eighteen (18). If you are
under the age of eighteen (18), you do not have permission to use and/or access
the Website.
- DESCRIPTION OF SERVICES. By registering on the Website, you can apply for
student loan consolidation services as offered by Affinity or one of Affinity's
affiliated third party student loan consolidation service providers or lenders
(the "Affiliated Student Loan Service Providers"). Separately, you can request
information regarding private loan consolidation services and private loan
services as offered by third party private loan service providers (the "Private
Loan Service Providers"). Should Affinity initially approve your application as
being eligible for federal student loan consolidation, Affinity will either
contact you about its student loan consolidation or lending services ("Affinity
Student Loan Services") or will forward your loan application to the
third-party loan servicer of one of its applicable Affiliated Student Loan
Service Providers for further review and processing ("Student Loan Referral
Services"). Alternatively, Affinity may provide you with multiple student loan
consolidation quotes from Affiliated Student Loan Service Providers or other
Affinity properties ("Multiple Student Loan Quote Service" and together with
the Student Loan Referral Services and the Affinity Student Loan Services, the
"Services"). Upon the submission of your request for information regarding
private loan consolidation and/or private loan services, Affinity will forward
your applicable information to one of the Private Loan Service Providers
("Private Loan Inquiry Services"). Please be advised that unless Affinity
itself provides student loan consolidation or student loan lending services,
the student loan consolidation application approval, as applicable, and the
ultimate terms and conditions of any product or service to be provided by one
of the student loan-related Affiliated Student Loan Service Providers will be
determined by that entity. Please be advised that Affinity does not itself
provide private loan consolidation or private lending services, and the
estimated monthly payments, interest rates, eligibility determination and other
terms associated with any private loan services will be determined by the
applicable Private Loan Service Provider. In addition, Affinity may not be able
to provide Private Loan Inquiry Services to residents of certain states.
In addition, by registering on the Website, you may enter the sweepstakes
and/or promotions offered on the Website from time to time (the "Promotions").
The estimated monthly payments, interest rates and initial eligibility
determination made by Affinity in connection with your Affinity Student Loan
Services application (provided to you in writing, in any electronic version or
in conversation with you) are based upon information provided by the applicant,
access to the National Student Loan Data Service ("NSLDS"), Federal Student Aid
and other sources available at the time of application including, without
limitation, the services of credit reporting and fraud protection agencies. The
information provided to us may not accurately reflect your eligibility or your
entire student loan obligations due to many factors including, but not limited
to, recent payments, school registration status, charges, accrued interest,
fees and unreported changes in the status of the applicant's loans with its
current lenders. Unless explicitly stated otherwise, any future offer(s) made
available to you on the Website that augments or otherwise enhances the current
features of the Website shall be subject to this Agreement. You understand and
agree that Affinity is not responsible or liable in any manner whatsoever for
your inability to use Affinity sponsored products, Private Loan Inquiry
Services and/or Services or any associated functionality. You understand and
agree that Affinity shall not be liable to you or any third party for any
modification, suspension or discontinuation of the Services or Private Loan
Inquiry Services. This Agreement governs your use of the Website and ability to
register for and enter the Promotions, where applicable. To access the
Educational Direct® Privacy Policy click here.
- REGISTRATION/ACCOUNT. To obtain information on or apply for the Services, or
enter the Promotions, where applicable, through the Website, you must first
submit your registration to Affinity for approval. Affinity reserves the right,
in its sole discretion, to deny any Affinity sponsored non-loan-related product
and/or service to anyone and for any reason, whatsoever as permitted by law.
Affinity reserves the right, in its sole discretion, to deny an Affinity
sponsored loan consolidation product and/or service to anyone in accordance
with governing state and federal laws and regulations. The registration data
that you must supply on the Website in order to apply for the Services, enter
the Promotions, where applicable, and/or attempt to obtain other Affinity
sponsored products and services may include, without limitation, all or some of
the following: your full name, e-mail address, mailing address, telephone
numbers, date of birth, reference information, driver's license number, college
attended/attending, college graduation date, estimated loan amount, Social
Security Number and such other information as requested on the applicable form
(collectively, "Affinity Registration Data"). To obtain information regarding
private loan consolidation and private loan services from a Private Loan
Service Provider through the Website, you must first submit your information to
Affinity. Affinity reserves the right, in its sole discretion, to deny any
Private Loan Inquiry Services to anyone and for any reason, whatsoever as
permitted by law including, without limitation, to residents of certain states
where Affinity does not currently conduct business. The information that you
must supply on the Website in connection with the Private Loan Inquiry Services
may include, without limitation, all or some of the following: your full name,
e-mail address, mailing address, telephone numbers, date of birth, college
attended/attending, college graduation date, requested loan amount/estimated
loan amount (as applicable), co-signer contact information and such other
information as requested on the applicable form (collectively, "Inquiry Data"
and, together with the Affinity Registration Data, the "Registration Data").
You agree to provide true, accurate, current and complete Registration Data and
to update your Registration Data as necessary to maintain it in an up to date
and accurate fashion.
Affinity will verify and approve all registrants in accordance with its
standard verification procedures. Once you have submitted your Affinity
Registration Data on the Website, we will review the submission and send a
confirmation e-mail to you if Affinity preliminarily approves your registration
for the Services. You must click on the link contained in the confirmation
e-mail to be directed to the Website and confirm your Affinity Registration
Data. You do not need to qualify for student loan consolidation services,
private loan consolidation or lending services in order to enter the Promotions
offered through the Website, if any. Obtaining student loan consolidation
services from either Affinity or Affiliated Student Loan Service Providers, or
private loan consolidation or lending services from Private Loan Service
Providers, in no way increases your chances of winning any prizes offered in
connection with any of the Promotions. Student loan-related
Registration Data may be verified by various sources including, without
limitation, by the applicant via telephone or electronic verification methods,
by accessing the National Student Loan Data System (NSLDS) located at http://www.nslds.ed.gov/, by Federal Student Aid and, where applicable,
by consumer reporting agencies and consumer credit bureaus. Where Affinity
determines, in its sole discretion, that your Affinity Student Loan Services
application is incomplete or otherwise unsatisfactory, Affinity may direct you
in the confirmation e-mail or by other communication means to call the enclosed
customer service number in order to correct any applicable problem(s) with your
registration.
- LICENSE GRANT. As a user of this Website, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the Website
and associated Website content in accordance with this Agreement. Affinity may
terminate this license at any time for any reason. You may use the Website on
one computer for your own personal, non-commercial use. No part of the Website
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical. You may not use, copy, emulate, clone, rent,
lease, sell, modify, decompile, disassemble, reverse engineer or transfer the
Website, Website content or any portion thereof. Affinity reserves any rights
not explicitly granted in this Agreement. You may not use any device, software
or routine to interfere or attempt to interfere with the proper working of the
Website. You may not take any action that imposes an unreasonable or
disproportionately large load on Affinity infrastructure. Your right to use the
Website is not transferable.
- PROPRIETARY RIGHTS. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion, software, Services, matters related
to the Promotions, if any, and the Website, are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to,
intellectual property) rights. The copying, redistribution or publication by
you of any part of the Services and/or Website is strictly prohibited. You do
not acquire ownership rights to any content, document, software, services or
other materials viewed at or through the Website. The posting of information or
material at the Website by Affinity does not constitute a waiver of any right
in such information and materials.
- EDITING, DELETION & MODIFICATION. We reserve the right in our sole
discretion to edit and/or delete any documents, information or other content
appearing on the Website.
- INDEMNIFICATION. You agree to release, indemnify and hold Affinity, its
parents, subsidiaries and affiliates, and each of their respective members,
officers, directors, employees, agents, co-branders and/or other partners,
harmless from and against any and all claims, expenses (including reasonable
attorneys' fees, costs and settlement costs), damages, suits, costs, demands
and/or judgments whatsoever, made by any third party due to or arising out of:
(a) your use of the Services, Private Loan Inquiry Services and/or the Website;
(b) your breach of this Agreement; and/or (c) your violation of any rights of
another individual and/or entity. The provisions of this paragraph are for the
benefit of Affinity, its parent, subsidiaries and/or affiliates, and each of
their respective officers, directors, employees, agents, shareholders,
licensors, suppliers and/or attorneys. Each of these individuals and entities
shall have the right to assert and enforce these provisions directly against
you on its own behalf.
- DISCLAIMER OF WARRANTIES. THE WEBSITE, THE SERVICES, PRIVATE LOAN INQUIRY
SERVICES, THE PROMOTIONS, IF ANY, AND ANY OTHER STUDENT LOAN CONSOLIDATION
SERVICES THAT YOU MAY RECEIVE FROM AFFINTY OR ONE OF ITS AFFILIATED STUDENT
LOAN SERVICE PROVIDERS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO,
THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, AFFINITY MAKES NO WARRANTY THAT: (A) THE
WEBSITE, PRIVATE LOAN INQUIRY SERVICES, THE PROMOTIONS, IF ANY, AND/OR SERVICES
WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE, SERVICES AND/OR PROMOTIONS, IF
ANY, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE SERVICES, PRIVATE LOAN
INQUIRY SERVICES AND/OR THE PROMOTIONS, IF ANY, WILL BE ACCURATE OR RELIABLE.
THE WEBSITE, THE SERVICES, PRIVATE LOAN INQUIRY SERVICES AND/OR THE PROMOTIONS,
IF ANY, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE
LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED
WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM AFFINITY, ONE OF ITS AFFILIATED STUDENT LOAN SERVICE PROVIDERS,
PRIVATE LOAN SERVICE PROVIDERS OR THROUGH OR FROM THE WEBSITE, THE SERVICES,
PRIVATE LOAN INQUIRY SERVICES AND/OR THE PROMOTIONS, IF ANY, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFFINITY
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF AFFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE
INABILITY TO USE AN AFFINITY, PRIVATE LOAN SERVICE PROVIDER OR AFFILIATED
STUDENT LOAN SERVICE PROVIDER PRODUCT AND/OR SERVICE; (B) THE FAILURE TO
QUALIFY FOR ANY OF THE AFFINITY, PRIVATE LOAN SERVICE PROVIDER OR AFFILIATED
STUDENT LOAN SERVICE PROVIDER PRODUCTS AND/OR SERVICES; (C) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH
THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE
WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) ANY
MATTER RELATING TO THE PROMOTIONS, IF ANY, OR ANY AFFINITY, PRIVATE LOAN
SERVICE PROVIDER OR AFFILIATED STUDENT LOAN SERVICE PROVIDER PRODUCTS AND/OR
SERVICES; AND (F) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR
SERVICES MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT
LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE
AFFINITY, ITS AFFILIATED STUDENT LOAN SERVICE PROVIDERS AND ITS SUPPLIERS, FROM
ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION
STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM
LIABILITY OF AFFINITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO
THE AMOUNTS YOU PAID, IF ANY, FOR THE AFFINITY OR AFFILIATED STUDENT LOAN
SERVICE PROVIDER PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE AFFINITY FROM ANY
AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET
FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AFFINITY. THE WEBSITE, THE
SERVICES, PRIVATE LOAN INQUIRY SERVICES AND/OR THE PROMOTIONS, IF ANY, WOULD
NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- THIRD-PARTY WEBSITES. The Website may provide, third parties may provide
and/or the Promotions, if any, may refer you to, links to other Internet
websites and/or resources. Because Affinity has no control over such
third-party websites and/or resources, you hereby acknowledge and agree that
Affinity is not responsible for the availability of such third party websites
and/or resources. Furthermore, Affinity does not endorse, and is not
responsible or liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or available from
such third party websites or resources, or for any damages and/or losses
arising therefrom.
- LEGAL WARNING. Any attempt by any individual, whether or not an Affinity
customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere
with the operation of this Website, is a violation of criminal and civil law
and Affinity will diligently pursue any and all remedies in this regard against
any offending individual or entity to the fullest extent permissible by law and
in equity.
- MISCELLANEOUS. This Agreement shall be treated as though it were executed
and performed in New York, New York and shall be governed by and construed in
accordance with the laws of the State of New York (without regard to its
conflict of law principles). You agree that the exclusive jurisdiction and
venue of any action with respect to the Agreement shall be in the State and
federal courts located in the County of New York, State of New York. Should any
part of this Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. This Agreement is personal between you and
Affinity and governs your use of the Website, the Services, the Private Loan
Inquiry Services, the Promotions, if any, and/or any other Affinity product
and/or service, superseding any and all prior and/or contemporaneous agreements
between you and Affinity. To the extent that anything in or associated with the
Website, the Services, the Private Loan Inquiry Services, the Promotions, if
any, and/or any other Affinity product and/or service is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Notwithstanding the foregoing, to the extent that there is any inconsistency
between this Agreement and the rules associated with any of our Promotions,
insofar as the Promotions are concerned, the rules associated with any of our
Promotions shall govern. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. The parties do not intend that any agency or partnership
relationship be created through operation of this Agreement.
- CUSTOMER SERVICE. If you have any questions, please call 1-800-895-1911.