1. Copyright and proprietary rights
All material on the Website is copyright © 2009-2011 by EduLender, Inc doing business as Alltuition (“Alltuition”). All rights reserved. We own the Website and all of the text, images, software, trademarks, service marks or other material contained on the Website (the “Materials”). You may not copy or transmit any of the Materials except for your personal, non-commercial use on your computer. All trademark, copyright and other proprietary rights notices included in the Materials must appear on all copies you print as presented on the Website. We do not grant any license or right to use any of the marks included on the Website.
- Permission is granted to news media to quote small sections of the Website for review purposes. News media may also include a snapshot of the Website’s homepage https://www.alltuition.com/ (the “Homepage”) and a link to the Homepage in their articles. Using a frame to associate advertising with the Website or with Alltuition is not permitted.
- Permission is granted to educational and not-for-profit organizations to add a link to the Homepage from their sites.
- Permission is granted to commercial and not-for-profit sites to add a link to the Homepage, but they may not state, suggest or imply that their service, product, or website has Alltuition’s endorsement, and they may not charge their clients for accessing the Website.
The full name of the Website is Alltuition.com Alltuition’s web address is https://www.alltuition.com/
3. Use of alltuition.com
The Website is intended for personal, non-commercial use. You may register to become a member of the Website only if you are of sufficient legal age and can enter into binding contracts. Without limiting the foregoing, the site is not intended for persons under the age of 13. If you become a member of the Website you are responsible for maintaining the secrecy of your login, passwords, and account information (your “Personal Information”). You may not allow access to your account to anyone else. You will be responsible for all use of the Website, including for anyone using your password and login information without your permission. All Personal Information that you provide to us must be accurate and up-to-date. If any of your Personal Information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your computer, mobile device, or Personal Information), you must promptly change your affected Personal Information and notify us at firstname.lastname@example.org. You agree not to use Our Website for any purpose that is illegal, unlawful, or forbidden by these Terms, including any local laws that apply to you. The Website is run in the United States, so by using Our Website, you agree to comply with both the laws that apply to the United States and the laws that apply to your own country, including laws that apply to exporting technical data. Additionally, you agree not to do any of the following without prior express written permission of Alltuition:
- Use any software, device, or routine that interferes or attempts to interfere with the normal operation of the Website.
- Take any action that imposes an unreasonable load on our network equipment or computer equipment.
- Access the Materials with any automated or manual process for any purpose other than your personal use or for inclusion of Alltuition pages in a search index.
- Violate the restrictions in any robot exclusion headers on the Website or circumvent or bypass other measures employed to prevent or limit access to the Website.
- Deep-link to any portion of the Website.
- Copy, sell, resell, reproduce, duplicate, trade or exploit the Website.
In addition, you may not under any circumstance use the Website to:
- Post, facilitate, promote, or transmit any information of an unlawful, obscene, sexually explicit, hateful, harassing, libelous, defamatory, profane, abusive, threatening, pornographic, or otherwise offensive nature;
- Publish, distribute, or transmit any advertisements (unless given prior express written permission from Alltuition, Inc.), spam, chain letters, solicitations, information regarding any type of scheme or other forms of unsolicited or unauthorized commercial information;
- Upload, post, distribute, or transmit any information or software containing viruses, Trojan horses, or other forms of malware;
- Impersonate any person or entity, such as through the creation of a false user account;
- Directly or indirectly reverse engineer, decompile, disassemble, decipher or otherwise reconstruct and copy any source code or algorithms of any part of the Website.
We may, at our sole discretion, at any time and without advance liability or notice, terminate, suspend, or restrict your access to any or all components of the Website.
You acknowledge and agree that the provision of information on the Website via your personal password-protected account may be used for the performance or occurrence of services you have selected. Such information may, as part of such services be utilized to populate applicable third party forms (whether electronic or hardcopy), and by using the Website and requesting such services, you specifically authorize and consent to such use. Further, you and all other users providing information via the Website should be aware that any such information provided via this account shall be visible by all parties having access to the account (whether through separate or combined log-ins, and including the student and others having parental rights relative to the student) as based on the nature of the services there is no method at this time to shield the information on an individual basis. All individuals contributing information via a single account and/or for a particular service (whether through separate or combined log-ins) should assume that all parties with access to such account or service will be able to see all information submitted. Should this not be acceptable to any of the applicable parties required to submit information, then the parties should either not utilize Alltuition’s services on a collective basis or the applicable parties should provide all information to one trusted individual who can utilize the Website on behalf of all constituent parties.
4. Fundraising pages and accounts
Alltuition’s fundraising service allows users who create fundraising pages (“Fundraisers”) to raise funds for higher education-related expenses through donations from other users (“Donors”). As a Fundraiser or Donor, you are solely responsible for the content you post or transmit and for any loss, damages, or liabilities that arise as a result of such content. You will not hold Alltuition responsible for any content posted or transmitted by any other Fundraiser or Donor that you find offensive or harmful.
Alltuition is not liable for any interactions or transactions between Fundraisers, Donors, and/or any other third party individual or organization found through the Website. Any interactions between you and a third party, including other users of the Website, are limited to you and that third party. Alltuition has no obligation to become involved in any disputes between you and any third party.
Alltuition provides you with the ability to host your Fundraiser content on the Website. Although Alltuition will not have any ownership rights to your content, we need the following license in order to maintain your Fundraiser. You hereby grant to us the worldwide, non-exclusive, royalty-free right to (and allow others acting on our behalf to) (i) use, host, display, and otherwise use on your behalf the content pertaining to your Fundraiser, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text in connection with the Fundraiser); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials, in connection with the provision of your Fundraiser.
Alltuition reserves the right to delete any fundraising page, remove any content from a fundraising page, or restrict the access of any individual or entity at any time at our discretion.
5. Prohibited activities using fundraiser pages
You may not use the Alltuition, Inc. service for activities that:
- violate any law, statute, ordinance or regulation
- relate to sales of
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
- drug paraphernalia,
- items that encourage, promote, facilitate or instruct others to engage in illegal activity,
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
- items that are considered obscene,
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
- certain sexually oriented materials or services,
- ammunition, firearms, or certain firearm parts or accessories, or
- certain weapons or knives regulated under applicable law.
- relate to transactions that
- show the personal information of third parties in violation of applicable law,
- support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
- are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
- are for the sale of certain items before the seller has control or possession of the item,
- are by payment processors to collect payments on behalf of merchants,
- are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
- provide certain credit repair or debt settlement services.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
- violate applicable laws or industry regulations regarding the sale of
- tobacco products, or
- prescription drugs and devices.
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Alltuition, Inc. and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
6. Fees and payment
Viewing the Website and registering as a user is free. Alltuition does not charge any fees to start a Fundraiser or raise money through a Fundraiser. However, alltuition.com uses a third party payment solution, PayPal, to process financial transactions between Donors and Fundraisers, and PayPal does deduct a transaction fee of 2.9% + $.30 for receiving payments.
Once you incur said fees through your use of the Website, you are responsible for paying the full amount of the fee, along with any taxes incurred. PayPal reserves the right to change these fees at their discretion. Fee changes are effective once posted on the Website. Fees are displayed in U.S. Dollars unless otherwise stated. If your fundraising page is deleted or your Website access restricted or blocked due to your violation of our Terms, no refund of any fees will be given.
Funds are paid directly to PayPal and are not held by Alltuition. PayPal may ask users to supply certain information, such as credit card data. You are responsible for maintaining the security of that information. You agree to not hold Alltuition, Inc. Responsible for any loss or damage incurred from interactions with PayPal. Alltuition makes no guarantees as to the performance or integrity of PayPal. Alltuition is not responsible for any taxes arising from transactions or unfulfilled pledges for donations from Donors.
7. Information privacy & intellectual property
We may aggregate and use information submitted by you and other users to improve our ability to provide the Website. If you give us feedback, testimonials, suggestions, ideas, comments, ratings, reviews, bug reports or any similar or related information (“Feedback”), you agree to the following:
- We own the Feedback and all intellectual property rights associated with the Feedback;
- We do not have to pay you for the Feedback;
- We can use and share the Feedback without your consent;
- We may already be contemplating ideas similar to or the same as your Feedback.
If you want to maintain ownership of any intellectual property contained in your Feedback or do not agree with the above terms regarding Feedback, your only option is to not submit Feedback to us.
We respect the intellectual property rights of others. Users may not post, upload, or otherwise transmit on the Website any materials that violate the intellectual property rights of another person. In accordance with the Digital Millennium Copyright Act, if you believe that any material on the Website infringes upon any copyright you control or own, you may send a written notification of the infringement to us at:
Alltuition, Inc. Attn: Legal 875 N. Michigan Ave, Suite 3100 Chicago, IL 60611
8. Warranty disclaimer
The Website, all content and services provided on the Website are provided on an “as is” and “as available” basis. Alltuition expressly disclaims all warranties of any kind, whether expressly or implied, including, but not limited to, security and accuracy, fitness for a particular purpose, non-infringement, and title, as well as all warranties arising by course of performance. Alltuition makes no warranty, and expressly disclaims any obligation, that:
- The content will be up-to-date, comprehensive, complete, accurate or applicable to your circumstances.
- The results that are obtained from the use of the Website or any services offered through the site will be accurate or reliable
- The Website will be available on an error-free, timely, uninterrupted, or secure basis.
- The Website will meet your expectations and requirements.
- The quality of any products, services, information, or other material obtained by you through the site will meet your expectations and requirements.
9. Limitation of liability
We, together with our directors, officers, employees, affiliates, representatives, and providers, will not be responsible or liable for the following:
- Any damages to or viruses that may infect your computer equipment or other property as the result of your downloading any content from the Website or your access to the Website,.
- Any injury, death, claim, loss, act of god, delay, accident, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, including without limitation lost profits or lost savings, whether based in tort, contract, strict liability or otherwise, that arise out of or is in any way connected with:
- any failure or delay, including without limitation the inability to use or use of any component of the Website;
- any use of the Website or our content;
- the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to any other party.
Some states do not allow the limitation of liability, so the limitations above may or may not apply to you.
10. The lenders
Alltuition’s display through or on the website of loan product options offered by third parties does not in any way suggest, imply, or constitute any sponsorship or approval of Alltuition by any such Lenders or any affiliation between any such Lender and Alltuition. Alltuition’s display of specific options does not suggest a recommendation by Alltuition of the Lender or their loan options. You agree that Alltuition is in no way responsible for the timeliness, accuracy, or completeness of information it may obtain from these Lenders. Your interaction with any Lenders accessed through Our Website is at your own risk. Alltuition will have no liability with respect to the omissions, errors, representations, warranties, acts, breaches or negligence of any such Lenders or for any death, personal injuries, property damage, or other damages or expenses resulting from your interactions with the Lenders.
Subject to these terms and conditions, you defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, liability, cause of action, expense, loss or demand, including without limitation reasonable accounting and legal fees, arising out of, or in any way connected with your breach of these Terms or the agreements that are made part these Terms by reference, or your use of or access to the Website or the Materials.
12. Consolidation Assistance
Consent to NSLDS Access and Electronic Delivery of NSLDS Communications By checking the “I Agree” box below and filling in the required information, you are consenting to Alltuition’s access to your National Student Loan Data System account (the “NSLDS Access”) on your behalf in order to help you understand and manage your federal student loans. By checking the “I Agree” box below, you are also consenting to receipt of all disclosures, notices, terms and conditions, and other documents pertaining to the NSLDS Access (the “NSLDS Communications”) and all changes to the NSLDS Communications electronically.
Withdrawal of Consent to NSLDS Access You have a right to withdraw your consent to NSLDS Access by Alltuition. To withdraw your consent to NSLDS Access, you can contact us in any of the following ways: send an e-mail message with your name and mailing address to email@example.com, call us at (888) 316-4515 and ask speak to an Alltuition customer service representative, or write to Alltuition, Inc., 875 N. Michigan Avenue, Suite 3100, Chicago, IL 60611, with your name and mailing address. Be sure to state that you wish to withdraw your consent to NSLDS Access by Alltuition.
Paper Delivery of NSLDS Communications You have the right to receive a paper copy of all NSLDS Communications and any changes thereto. To receive a paper copy at no charge, please request it in one of the ways described in the aforementioned paragraph. Be sure to state that you are requesting a copy of the NSLDS Communications.
E-Mail Address Changes In order to provide electronic NSLDS Communications, we must maintain a current customer email address at all times. You should notify Alltuition of any changes to your personal contact information through any of the methods described above.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as partners or joint venturers for any purpose. You may not delegate, assign, or transfer your rights or obligations under these Terms. We may assign our duties and rights under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on the Website at least ten (10) days before any modification becomes effective. Your continued use of the Website following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms, or if you become dissatisfied with the Website in any way, your only recourse is to terminate use of the Website immediately. Other terms and conditions may apply to your use of the Website, the Lenders’ websites, and to your use of other portions of the Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to similar or future breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law; the other Terms will remain enforceable and valid. These Terms, together with those agreements that are made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Website and replace any prior understandings or agreements (whether oral or written) regarding your use of the Website. The laws of the State of Illinois (USA), without regard to its conflict of laws rules, will govern these Terms and your and our observance of them. If you take any legal action relating to your use of the Website or these Terms, you agree to file such action only in the state and federal courts located in Chicago, Illinois (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to reasonable attorney fees and costs, both taxable and non-taxable. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
14. Questions, comments, and suggestions
We encourage you to share your questions, comments, and suggestions with us, but we may not be able to respond to all of them. We assume no responsibility for reviewing unsolicited ideas for our business, such as advertising or product ideas, and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Alltuition programs and features. You are responsible for any material you submit, including its originality, reliability, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Alltuition.