No Use or Access by Users not Located in the United States
The Services are made available from the United States and the Services are strictly for use by and solely directed to persons located in the United States. If you are not in the United States, YOU MAY NOT ACCESS OR USE THE SERVICES. We make no claims that the Services or any of their Materials are accessible or appropriate outside of the United States. The Services may not comply with laws of certain countries; if you are not in the United States, your access to and use of the Services may not be legal. If you access or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, including the right to remove any links to Third-Party Services, in our sole discretion and without notice to you. We will not be liable if all or any part of the Services becomes unavailable for any reason, at any time, or for any period. From time to time, we may restrict access to some parts of the Services, or entire Services, to all users or particular users, without notice, in our sole discretion.
To access the Services or any of their Materials or any Third-Party Services made available on or through the Services, you may be asked to provide certain registration details or other information. 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 responsible for both:
- Making all arrangements (including obtaining any internet connection) necessary for you to have access to the Services; and
You acknowledge that your account is personal to you. If you choose or are provided with a user name, a password, or any other information as part of our security procedures, you must keep that information confidential and not disclose it to any other person or entity. You may not provide any other person with access to the Services or portions of them using your user name, password, or other security information. You are responsible for all activity occurring under your account or with use of your user name and password.
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 may report unauthorized access by sending an email to firstname.lastname@example.org.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.
The ASA name, the ASA trademark, the ASA logo, and all related names, trademarks, logos, product and service names, designs, and slogans, including those of our platforms (including, without limitation, Futurescape, Next Voice, and EvolveMe) are trademarks of ASA and its affiliates or licensors. You must not use such trademarks without the prior written permission of ASA. All other names, trademarks, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Intellectual Property Rights
- Your computer may temporarily store copies of the Services’ Materials in its RAM, cache, or other transient, short-term memory incidental to your accessing and viewing those Materials;
- You may print or download 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; and
- If we provide social media features with certain Materials, you may take such actions as are enabled by such features.
You must not:
- Modify or make any changes to copies of any of the Services’ Materials;
- Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials.
- In any way that violates applicable law (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, asking for Personal Information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation or material;
- To impersonate or attempt to impersonate ASA (including any Services of ASA), an ASA employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses, user names, trademarks, or other identifiers associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm ASA or users of the Services, or expose us or them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with or otherwise inhibit any other person’s or entity’s access to or use of the Services, including their ability to engage in real-time activities through the Services;
- Manipulate or otherwise engage with any Experience (as defined below) in a manner intended to accumulate Points (as defined below) without completing or otherwise properly engaging with such Experience, including, without limitation, by fast-forwarding through a video made available on or through an Experience or creating multiple accounts to engage with Experiences;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, or copying any of the Services’ Materials;
- Use any device, software, or routine that interferes with or otherwise inhibits the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs, or other software code or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, database, or other website connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with or inhibit the proper working of the Services.
The Services may contain interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content (collectively, “User Contributions”) on or through the Services (collectively, “Interactive Services”).
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates, partners, and service providers, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that:
- You are responsible for any User Contributions you post, submit, publish, display, or transmit, and you, not ASA, have full responsibility for such User Contributions, including the legality, reliability, accuracy, and appropriateness of such User Contributions;
- We will not be responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services or for any loss or unavailability of your User Contributions; and
- Your User Contributions may not be treated as confidential.
The following content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable law. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Contain, exhibit, or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- 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; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
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;
- Disclose your identity or other information about you to any third party who claims that information, content or other material posted, submitted, published, displayed, or transmitted on or through the Services by you violates such third party’s rights, including such third party’s intellectual property rights or their right of publicity or privacy;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services;
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting, submitting, publishing, displaying, or transmitting any information, content or other material on or through the Services.
Links to and from the Services; Social Media Features
You may link to the Services, provided you do so in a way that is fair and legal and does not, as determined by us in our sole discretion, damage our reputation or take advantage of it, but 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.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Materials on the Services;
- Send e-mails or other communications with certain of the Materials on the Services, or links thereto; or
- Cause limited portions of the Materials on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, including with any citations or credits to third-party sources, solely with respect to the specific Materials that they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Services or any portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Points and Rewards
You may be able to accumulate points (“Points”) by engaging with certain Materials and Third-Party Services made available on or through the Services (including on websites of our third-party partners) (such Materials and Third-Party Services, “Experiences”). When you access an Experience, we or the Experience will notify you of the amount of Points that you may accumulate by engaging with such Experience as well as what you must do to accumulate these Points. For example, to accumulate Points by engaging with an Experience, you may be required to watch a video or complete a quiz made available on or through such Experience. You may access and view the amount of Points that you have accumulated through your account; however, Points may not become available to access or view on your account immediately after you complete engagement with an Experience. Restrictions, such as age limitations, may apply to how you can accumulate Points, and our practice is to notify you of any such restrictions.
We may, from time to time, provide ways for you to use your Points, such as to redeem them for gift cards or other rewards (“Rewards”). Gift cards are valid at participating merchants only, and are subject to the issuer’s terms and conditions, which, if permitted by applicable law, may address expiration policies and non-usage fees and may be changed at the sole discretion of the issuer. Redemption values for Rewards may vary, and the amount of time it takes for you to receive a Reward may vary. Restrictions, such as minimum or maximum amounts, may apply to how you use your Points, and our practice is to notify you of any such restrictions. Users who are or become 20 years of age or older may be subject to additional limitations on their ability to accumulate and redeem Points; for example, such users may not be able to redeem Points for Rewards, even if such Points were accumulated before the user reached 20 years of age.
You are responsible for how your Points are used. Once your Points have been used, the transaction in which your Points were used is considered final and may not be canceled unless otherwise noted. We are not responsible for how your redeemed Rewards are used.
Changes to the Services
We may update the Materials made available on or through the Services from time to time, but the Services’ Materials are not necessarily complete or up-to-date. Any of the Materials may be out of date at any given time, and we are under no obligation to update such Materials.
Reliance on Information Posted
The information presented on or through the Services (including, without limitation, information presented on or through any Materials or Third-Party Services) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of such information.
The Services may include Third-Party Services and other Materials from or provided by third parties, including third-party partners, licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these Third-Party Services and/or Materials, other than the Materials expressly identified as being provided by ASA, are solely the opinions and the responsibility of the person or entity providing those Third-Party Services and/or Materials. These Third-Party Services and/or Materials do not necessarily reflect the opinions of ASA. We expressly disclaim all liability for, and we are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Services and/or Materials provided by any third parties.
Disclaimer of Warranties
YOUR USE OF, AND YOUR RELIANCE ON OR ACTIONS OR INACTION BASED ON, THE SERVICES OR ANY WEBSITES LINKED TO OR FROM THEM, OR ANY OF THE THIRD-PARTY SERVICES OR MATERIALS AVAILABLE ON OR THROUGH, THE SERVICES OR SUCH OTHER WEBSITES, IS AT YOUR OWN RISK. THE SERVICES AND THEIR MATERIALS AND ANY LINKS TO THIRD-PARTY SERVICES AND THIRD-PARTY WEBSITES 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, OR FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER ASA NOR ANY PERSON ASSOCIATED WITH ASA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THEIR MATERIALS, OR ANY LINKS TO THIRD-PARTY SERVICES OR THIRD-PARTY WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ASA NOR ANYONE ASSOCIATED WITH ASA REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY OF THEIR MATERIALS OR ANY LINKS TO THIRD-PARTY SERVICES OR THIRD-PARTY WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES, MATERIALS, OR ANY THIRD-PARTY SERVICES OR THIRD-PARTY LINKS, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ASA, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON OR ACTIONS OR INACTION BASED ON, THE SERVICES, OR ANY WEBSITES LINKED TO OR FROM THEM, OR ANY OF THE THIRD-PARTY SERVICES OR MATERIALS AVAILABLE ON OR THROUGH, THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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, ANY THIRD-PARTY WEBSITES LINKED TO OR FROM THE SERVICES, OR THIRD-PARTY SERVICES OR MATERIALS AVAILABLE THROUGH THE SERVICES OR SUCH OTHER WEBSITES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIALS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction; Limitation on Time to File Claims
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
- Notice of Dispute. In the event of a Dispute, you or ASA must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to ASA at 33 Arch Street Suite 2100, Boston, MA 02110, and also via e-mail to email@example.com. ASA will send any Notice of Dispute to you by first class U.S. Mail to your address if ASA has it, or otherwise to your e-mail address. You and ASA will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you and ASA shall endeavor to settle any Dispute by mediation. The place of mediation shall be Boston, Massachusetts. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or ASA may otherwise agree, shall be finally resolved by binding arbitration as described below. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met.
- Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor ASA will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other guests or users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
- Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this paragraph applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees.
- Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (“AAA”) under their Consumer Arbitration Rules (“AAA Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the AAA Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by AAA is unavailable, ASA and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the AAA Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
- Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If ASA files, then ASA will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines.
- Enforceability. If the waiver of class actions above is found unenforceable, or this entire section is found unenforceable, then this entire section will be null and void. If that happens, you and ASA agree that the section below on governing law and jurisdiction will govern any Dispute.
- ASA AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD-PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION.
Waiver, Interpretation and Severability
ASA takes copyright infringement seriously and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any of the Materials or User Contributions available through, or displayed on, the Services violates your copyright, please notify us at firstname.lastname@example.org, and submit a notice to our authorized copyright agent, who will accept and review all claims submitted to it. In order for us to take action upon receiving such notice, the notice must contain 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; or
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized.
Please submit your notice to: American Student Assistance Legal Department 33 Arch Street Suite 2100 Boston, MA 02110
Upon receiving notice in accordance with 17 U.S.C.A. § 512(c)(3) that such Materials are infringing, we will expeditiously take down such Materials.
It is our policy to terminate the user accounts of repeat or intentional infringers.
Your Comments and Concerns
The Services are operated by Massachusetts Higher Education Assistance Corporation, d/b/a American Student Assistance, 33 Arch Street, Suite 2100, Boston, Massachusetts 02110. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com.