Terms and Conditions

 

 

IMPORTANT: THIS AGREEMENT ("AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS FOR YOUR ACCESS AND USE OF COLLEGEDATA, A SERVICE PROVIDED BY 1ST FINANCIAL BANK USA ("1FBUSA"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE.

  • COPYRIGHTS; TRADEMARKS. The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of 1FBUSA and other parties. Users are prohibited from using any Marks without the written permission of 1FBUSA or such third party that may own the Marks. All content on the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Site for commercial or public purposes. You may download materials displayed on the Site solely for your personal, non-commercial use, acknowledging that you are responsible for protecting your information contained in such downloads.

  • LAWS AND REGULATIONS. Your access to and use of the Site is subject to all applicable federal, state, and local laws and regulations.

  • NO WARRANTIES. THE SITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. 1FBUSA DOES NOT WARRANT EITHER THE COMPLETENESS, ACCURACY OR QUALITY OF THE SITE OR THE AVAILABILITY OF THE SITE. NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, OR ACCURACY IS GIVEN WITH RESPECT TO THE SITE. It is the responsibility of the user to evaluate the accuracy, completeness, and usefulness of any information or other content available through the Site.

  • LIMITATION OF LIABILITY. IN NO EVENT WILL 1FBUSA (OR ITS AFFILIATES AND SUBSIDIARIES) BE LIABLE FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OF ACTION AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) TO THE USER AND/OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF 1FBUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL 1FBUSA (OR ITS AFFILIATES AND SUBSIDIARIES) BE LIABLE FOR ANY DELAY, DEFECTS, VIRUSES, OR INCOMPATIBILITY OF THE SITE NOR LIABLE FOR EVENTS BEYOND THE REASONABLE CONTROL OF 1FBUSA.

  • PRIVACY. 1FBUSA has a strong commitment to maintaining the privacy of your information. The terms regarding your privacy are in the CollegeData Privacy Policy. Please click the link to the Privacy Policy to review, as it is a part of this Agreement.

  • LINKED INTERNET SITES. 1FBUSA is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.

  • APPLICATIONS. The Site may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by 1FBUSA. Unless otherwise noted by 1FBUSA on the Site, these Applications are provided solely as a convenience to you, and 1FBUSA is not responsible for and does not endorse the content of such Applications. You may choose, at your option and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your CollegeData account. By using such Applications, you acknowledge and agree to the following:

    If you use an Application to share information relating to your CollegeData account, you are consenting to the information about your account being shared;

    Your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if 1FBUSA has not provided such information;

    Your use of an Application is at your own option and risk, and you will hold 1FBUSA harmless for the sharing of information relating to your CollegeData account that results from your use of an Application.

    You must read all notices provided by 1FBUSA and the Application about sharing your CollegeData account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your CollegeData account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. 1FBUSA DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

  • SUBMISSIONS. Other than for your nonpublic, personal information that is protected under the Privacy Policy, all information that you submit using the Site will be treated as non-confidential and 1FBUSA shall have the right to use such information for any purpose as permitted by federal law. By sending such information to 1FBUSA, you agree that 1FBUSA shall be free to use such information. In submitting such information, you agree that such information will be deemed the sole and exclusive property of 1FBUSA.

  • CANCELLATION. 1FBUSA may terminate your use of the Site for any reason at any time.

  • CHANGES TO AGREEMENT. 1FBUSA reserves the right to revise this Agreement at any time, and users are deemed to be apprised of and bound by any changes to this Agreement and your use of the Site will further be deemed an acceptance of such revised terms.

  • VIOLATIONS OF AGREEMENT. 1FBUSA reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site.

  • OTHER LEGAL TERMS

    • JURISDICTION. 1FBUSA operates and controls CollegeData from its offices in the State of South Dakota, United States of America. 1FBUSA makes no representation that any information, materials, or functions included on its websites are appropriate for use in any other jurisdiction. If you choose to access the Site from other locations, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations.

    • WAIVER; SEVERABILITY. No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent is in writing and signed by the party that is claimed to have waived or consented. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity. In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.

    • GOVERNING LAW; VENUE. Your access to and use of CollegeData and these terms are governed by and will be construed in accordance with the laws of the State of South Dakota, without regard to principles of conflicts and laws. You agree to the exclusive jurisdiction of the courts in the State of South Dakota.