Terms of Use - Effective 10/26/2009

StudentAid.com, Inc.

1. General Information

Please read this Terms of Use Agreement ("Agreement" or "Terms of Use") carefully. StudentAid.com, Inc. ("SA.COM") is a fee-based advisory service that assists clients in the process of and provides information about planning and paying for college. Clients are offered a personalized College Cost & Planning Report™, which includes, but is not limited to, an explanation of the financial aid process, a timeline planner to track important college planning milestones, a side-by-side net comparison of nominated colleges, information on potential eligibility for student aid, total and net costs of attendance at nominated postsecondary institutions, and factors that are relevant to college selection based on certain information provided. Additionally, clients may use our College Suggestor™, which helps prospective students and their parents find additional colleges based on those that were considered by other students with similar interests. The following outlines the terms and conditions associated with the use of SA.COM's fee-based advisory services and products throught the SA.COM website, www.studentaid.com, ("Site") and our call center ("Call Center"), including the preparation and completion of SA.COM's College Cost & Planning Report™ and the use of the College Suggestor™ ("Services"). Your use of the Services indicates your acknowledgement of and agreement to this Agreement, our Privacy Policy, and other notices on this Site.

2. Terms of Use Agreement

This Agreement constitutes a legal agreement between you, the user of the Services, and SA.COM (or "we" or "us"), a private, for-profit company that is unaffiliated with any government agency. In order to access and use the Services, you, the user, must accept and agree to be bound by, without exception, all of the terms, conditions and notices contained in this Agreement. If you do not accept all of the terms, conditions and notices as stated in this Agreement, you may not use or access the Services.

You represent to us that you have the ability and the authority to (a) agree to be bound by these Terms of Use; and (b) provide the personal information requested by SA.COM in connection with the Services. The Services are not intended for use by children. You represent to us that you are eighteen (18) years of age or older. If you are under the age of 18, your parent or legal guardian must agree to the terms of this Agreement on your behalf.

You acknowledge and agree that you must (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

3. Description of Services; Disclaimers

Our Services are dependent upon information provided by you.

1. By using our Services, you acknowledge and agree that any Services provided to you by SA.COM are limited to consultation regarding the student aid process, including estimating the total and net costs of attending a particular college and providing guidance on how to pay for college. You further acknowledge and agree that you are solely responsible for verifying the exact student aid policies of your state and/or educational institution with student aid administrators to determine procedures, requirements, and deadlines, and for complying with those policies.
2. By using our Services, you warrant and represent that all information provided to SA.COM, its agents, and employees will be true, accurate, and correct.
3. You understand and agree that use of the Services does not guarantee that you will receive student aid of an amount either estimated or unestimated, nor does SA.COM directly or indirectly make any representation or offer any guarantee that use of our Services will result in a student aid award or in a student aid award that exceeds your individual student aid eligibility. Actual student aid eligibility and award packages are determined by federal and state agencies and the student aid offices of individual educational institutions, and are beyond SA.COM's control.
4. You acknowledge that the information provided by SA.COM, in connection with the Services provided hereunder, may be based upon data and materials obtained from third parties. Estimates and planning ranges provided by SA.COM either verbally or in reports are based on (a) historical and current data available from a wide variety of sources; and (b) information that has been provided by you. Estimates should be used as a guide to assist a user in understanding possible ranges for student aid and in the selection of appropriate colleges. While all care has been taken to produce valid estimates that are based on the information provided to us by you, federal and state agencies, nonprofit entities, and postsecondary institutions, such information is subject to change without notice, potentially rendering these estimates invalid. This information is subject to change based on a variety of factors, including federal and state legislation changes, federal and state regulatory changes from administrative agencies (e.g., U.S. Department of Education and state higher education authorities), changes in Title IV eligibility at institutions, and/or changes in the financial aid awarding techniques at institutions. SA.COM periodically reviews the contents of, and information provided through, the Services and makes reasonable efforts to consistently provide users with accurate, up-to-date information. While SA.COM believes the information contained on or provided through the Services to be accurate and factual, it will not be reviewed or approved by SA.COM, federal agencies, state agencies, lenders, educational institutions, or other entities involved in the student aid industry. SA.COM agrees to use reasonable efforts to provide you with third-party information that reflects the information as it is received by SA.COM. Information contained on or provided through the Services should not be considered legal, financial, or other professional advice.
5. Estimates and planning ranges provided by SA.COM either verbally or in reports are NOT (a) a guarantee of the type and amount of aid a student is going to receive for any particular academic year; or (b) a bargaining tool to try to receive a more favorable financial aid award package from a college or institution.
6. Because we do not independently verify the accuracy of information provided to us by you and other students or their parents, and because rules and regulations do change, we do not guarantee that the Services and information that we provide in connection therewith will be accurate, complete, reliable, current, or error-free.
7. Should SA.COM determine that the quality of the information you provided is inadequate for us to provide the Services you purchased, SA.COM will use commercially reasonable efforts to contact you to gather the information required for providing said Services. You agree to respond to SA.COM's requests for additional information in a prompt and timely manner. However, if SA.COM is unable to contact you by e-mail, telephone, or mail, or if you fail to provide the information requested in a prompt and timely manner, then SA.COM reserves the right to cease providing any additional Services to you, and no refund will be provided.

4. Privacy Statement

Any information provided by you or gathered by us or third parties during any use of the Services is subject to the terms of our Privacy Policy, which is incorporated herein by  reference. We encourage you to periodically read our Privacy Policy.

5. Fees, Payments, Billing and Cancellation

The current fees payable to SA.COM for your use of the Services are available at www.studentaid.com ("Fees"). You agree to pay the Fees and any other charges incurred in connection with your use of the Services (including any applicable taxes, chargeback fees, or bounced-check fees) at the rates in effect when the charges were incurred. You agree to pay the Fees in accordance with one of our payment options as described at www.studentaid.com. Fees will be billed prior to the provision of the Services by SA.COM. You agree to pay all costs of collection of fees due to us, including legal fees, incurred by SA.COM.

We strive to ensure that every client is fully satisfied with our Services. However, SA.COM will issue you a refund of the Fees paid if you are not satisfied with our Services within thirty (30) days of any billing of our Services. In no event will the refund be greater than the Fees paid.

We reserve the right to change our fees at any time. SA.COM may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must follow the procedures outlined in the Privacy Policy for changing your personal information. You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service.

Gift Certificates are valid in the 50 United States only and are void where prohibited, restricted or taxed. All applicable federal, state and local rules and regulations apply. Gift Certificates are not refundable or redeemable for cash and do not expire. Lost or stolen Gift Certificates will not be replaced. No incomplete, damaged, copied, mechanically reproduced, altered or forged Gift Certificates will be accepted. StudentAid.com, Inc. is not responsible for late, lost, damaged, incomplete, illegible, misaddressed or misdirected Gift Certificates or mail. Gift Certificates may not be combined with any other promotional offer. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO CIRCUMVENT THE TERMS OF THIS GIFT CERTIFICATE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, STUDENTAID.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Gift Certificates are subject to the Terms of Use and Privacy Policy of StudentAid.com, Inc., which are available at www.studentaid.com. Please call 1-877-243-5330.

6. License

Except as expressly provided otherwise, and to the extent that SA.COM has obtained the right to provide and/or sublicense Content received by or on behalf of third parties, SA.COM grants you a personal, revocable, non-transferable, and non-exclusive license to display on your computer, print reasonable copies of, download, and use the underlying HTML, text, audio clips, video clips, information, materials, reports, graphics, images, animation files, and any other material and Content that is made available to you on this Site or through the use of our Services (the "Content"), for non-commercial, personal, or educational purposes only, provided that (a) you do not (and do not allow any third party to) alter, modify, or create a derivative work of any such Content; and (b) you include with and display on each copy of such Content the associated copyright notice. No other use is permitted. Without limiting the generality of the foregoing, you may not:

• include such Content in or with any product or website that you create or distribute;
• reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
• establish a frame containing any portion of the Site on any other website or text document with hyperlink capabilities; or
• copy such Content onto your or any other site;

and you may not direct any other person to do any of the foregoing. For the purposes of this Agreement, "Services" shall include any Content provided in connection therewith, including any use of the Site.

You agree not to access the Site by any means other than through the HTML or other interface that is provided by SA.COM for use in accessing the Site. Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of SA.COM, its affiliates, or any other person who owns the intellectual property in the Content provided.

7. Intellectual Property

SA.COM is the owner and/or authorized user of the Site and any trademark, registered trademark, service mark, and/or other intellectual property appearing on this Site or used in connection with the Services, and is the copyright owner or licensee of the Content on this Site, including, but not limited to, any screens appearing at the Site and any documents generated from our Services. Except as otherwise provided above, you may not download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sell, transfer, or in any way commercially exploit any of the Content or software that is a part of our Site or connected with our Services, or infringe upon any copyrights, trademarks, or service marks contained herein, without the express written consent of SA.COM. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties. Except as otherwise provided above, SA.COM does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material, or other intellectual property by placing them on this Site or in any document generated from our Services. Suggestions or feedback provided by you to SA.COM ("Feedback"), regardless of the media by which it is received, shall be the exclusive property of SA.COM, and you hereby irrevocably waive all your rights to all Feedback and assign all such rights to SA.COM.

8. Member Account; Password and Security

1. SA.COM may supply you with a password and account designation upon completing the registration process for use of the Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to immediately notify SA.COM of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly log out of your account at the end of each session. SA.COM assumes no liability for any loss or damage arising from your failure to comply with this section.
2. You acknowledge and agree that you may obtain access to documents containing your personal and/or financial information by using your password to access your account and that you may download and save such documents or elect to receive such documents in paper form. You are entirely responsible for all documents that you download or otherwise obtain via your account. In addition, SA.COM is not responsible for the theft of, loss of, or any fraudulent activity related to any documents, including documents containing your personal or financial information that are sent to you via the United States Postal Service or a private package delivery service at your request.
3. If you are under eighteen (18) years of age, you may use the Site only with the involvement of a parent or legal guardian, and such parent or legal guardian must agree to the terms of this Agreement on your behalf. SA.COM reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders, in its sole discretion, pursuant to these Terms of Use, and in such case, no refund will be provided.

9. Use of Interactive Components of the Site

The Site may contain functionality that enables live support and instant messaging for users to obtain support from an SA.COM representative (collectively, "Site Forums"). Although we will make every effort to keep any Site Forums up and running, they may be unavailable at times. We do not warrant or ensure the continuous availability of any Site Forums.

10. User Content

Other than personal and financial information that you provide in connection with the registration for and use of our Services, which shall be treated in accordance with this Agreement and the Privacy Policy, you grant to SA.COM an unrestricted, irrevocable, and non-exclusive right to use, reproduce, modify, distribute, publicly display, publicly perform, and transmit all non-personal information, provided that use of such non-personal information shall be in a manner that does not personally identify you, as well as all content and material uploaded, posted, or otherwise provided by you through use of the Site, including, but not limited to, comments, ideas for new products or services, and feedback and suggestions regarding the Site ("User Content"). You are responsible for the content of the User Content. SA.COM does not have any responsibility for User Content, including the content of any messages or information posted or provided by you or users of the Services, or for the content of information accessible via direct or indirect hyperlinks from the Site. However, SA.COM retains the right, which it may or may not exercise, in its sole discretion, to review, edit, or delete User Content which SA.COM deems to be illegal, offensive, in violation of these terms and conditions, or otherwise inappropriate. No compensation, unless explicitly noted, will be paid with respect to the use of any User Content that you upload, post, transmit, or otherwise make available through this Site.

11. User Conduct

As a condition of your use of the Services, you agree (a) to abide by all applicable local, state, national, and international laws and regulations in your use of the Services; (b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) not to use the Services for any purpose that is unlawful or contrary to this Agreement; (d) not to use the Services, or any portion thereof, in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and employment of the Services; (e) not to attempt to gain unauthorized access to any databases, information, computer systems, or network associated with SA.COM; (f) not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services; and (g) not to post, upload, provide access to, or transmit material that (i) is libelous, defamatory, obscene, child pornography, fraudulent, harmful, threatening, abusive, or hateful, or that violates the property rights of others (including, without limitation, infringing use of a copyright or trademark right); (ii) violates the privacy or publicity right of others; or (iii) is in violation of any applicable laws.

SA.COM has no obligation to monitor the Services. However, you acknowledge and agree that SA.COM has the right to monitor the Services from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Services properly, or to protect itself or its clients. SA.COM reserves the right to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms of Use.

12. Failure to Comply with Terms of Use

You acknowledge and agree that SA.COM may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that SA.COM, in its sole discretion, believes violate any of the terms and conditions, violate the rights of SA.COM, or are otherwise inappropriate for continued access.

You acknowledge and agree that SA.COM may, in its sole discretion, deny you access through the Site to any materials stored on the Internet, or to access third-party services, merchandise, or information on the Internet, and SA.COM shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from lack of notification.

13. Third-Party Sites

SA.COM may provide links to other sites or resources. You acknowledge and agree that SA.COM is not responsible for the accuracy or availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that SA.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on such external sites or resources.

14. Disclaimer of Warranties

By using the Services, including any applets, software, and Content contained on the Site, you agree that use of the Services is entirely at your own risk. In no event shall SA.COM be responsible for the correctness of the Services, and no statement made by a representative of SA.COM or through the Services or elsewhere—expressed or implied—shall be deemed such as a guarantee, warranty, or representation of liability. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES. SPECIFICALLY, SA.COM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE INFORMATION OR SERVICES; AND (b) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SA.COM MAKES NO WARRANTY THAT IT HAS OBTAINED A LICENSE TO USE ANY CONTENT PROVIDED BY A THIRD PARTY OR THAT IT HAS THE RIGHT TO PROVIDE SUCH CONTENT TO YOU. SA.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SA.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR DOCUMENTS.

15. Limitation of Liability

NEITHER SA.COM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, EVEN IF SA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SA.COM'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF FEES COLLECTED BY SA.COM FROM YOU IN ACCORDANCE WITH THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless SA.COM and its affiliates and their licensors, agents, officers, employees, contractors, successors, and assigns from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) which arise out of, are connected with, or directly relate to (a) your use of the Services; (b) any breach of any obligation, representation, or warranty made by you in this Agreement; or (c) the preparation and electronic submission of financial information to ascertain financial assistance.

17. Modification to Terms of Use

Periodically, SA.COM may update and/or change the terms, conditions, and notices contained in the Terms of Use to reflect changes in the Services offered or changes in applicable laws, or for any other reason it deems necessary or appropriate. If our Terms of Use materially change, we will post the revised version of the Terms of Use on our Site. If you are a registered user of our Services, we will try to notify you about material changes using the most current e-mail address you provided to us, or if no e-mail address is available, we may contact you by postal mail. You, the user, understand that SA.COM has the right to make these changes and that you are responsible for regularly reviewing the current Terms of Use as posted on the Site. Your continued use of the Site and/or Services after any such changes shall constitute your consent to, and agreement to be bound by, the revised Terms of Use.

18. Modification to Site and/or Services

SA.COM reserves the right, at its discretion, to change, modify, terminate, or suspend any of the components of the Site or the Services without liability to you or any third party, and will notify users through online postings of any material changes, modifications, or amendments thereto on the Site. We may also impose limits on certain features of the Site and/or Services or restrict your or any third party's access to part or all of the Site and/or Services for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty. You understand that the Call Center may be unavailable at times, and acknowledge and agree that SA.COM reserves the right to change the published hours of operation of the Call Center from time to time. You acknowledge and agree that we will not refund any payments hereunder or be liable in any way to you or any third party in the event that we exercise our right to modify or terminate access to the Site and/or Services (or portions of the Site and/or Services). You, the user, understand that SA.COM has the right to make these changes. Your continued use of the Site and/or Services after any such changes shall constitute your consent to, and agreement to be bound by, any such changes.

19. Notices

Notices by the parties shall be provided in writing. You agree that if you have provided us with an e-mail address for you, we may provide any written notices to you in electronic form via an e-mail to you. You are responsible for notifying us if your e-mail address changes. If you have not provided us with an e-mail address, we may provide such notices to the postal address you specified. You may submit notices to us at our e-mail address, clientsupport@studentaid.com. Notices sent by e-mail shall be deemed given forty-eight (48) hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, you may send notices to us by regular mail, with postage prepaid, to SA.COM's address provided below. SA.COM may also broadcast notices, messages, or other matters of importance on this Site; such broadcasts shall constitute notice to you.

20. Assignment

You shall not assign or otherwise transfer, delegate, or subcontract any of your rights or obligations under this Agreement, in whole or in part, without SA.COM's prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by you without SA.COM's consent will be void. These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.

21. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be submitted for arbitration, pursuant to Section 22, within one (1) year after the cause of action; otherwise, the cause shall be barred, provided that either party may seek injunctive or equitable relief in any court of competent jurisdiction. Nothing contained in this Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

This Agreement, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by SA.COM on the Site, and any modifications to the foregoing constitute the entire agreement between you and SA.COM and supersede all prior or contemporaneous communications, promises, and proposals, whether oral, written, or electronic, between you and SA.COM with respect to the Services associated with it. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules, and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

The failure of SA.COM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Sections 1–4, 7, 14–16, and 19–25 shall survive termination of these Terms of Use.

22. Arbitration

All disputes, controversies, or claims arising out of or relating to these Terms of Use will be resolved through binding arbitration conducted in Sacramento, California, in accordance with: (a) the Federal Arbitration Act; (b) the then-current commercial arbitration rules of the American Arbitration Association (the "AAA"); and (c) these Terms of Use. The terms set forth in these Terms of Use will control in the event of any inconsistency between such terms and the AAA rules. The arbitration will be conducted by a single arbitrator reasonably familiar with the technology and business covered by these Terms of Use, selected by mutual agreement of the parties. If the parties fail to select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then the AAA will appoint an arbitrator in accordance with its rules. The award of the arbitrator will be in writing, setting forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties, and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information.

23. Void Where Prohibited

SA.COM administers and operates the Services from its location in the United States. Although the Services are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. SA.COM reserves the right, in its sole discretion, to limit the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Services is void where prohibited. If you choose to access the Services from outside the United States, you are solely responsible for complying with all laws applicable thereto. You may not access, download, use, or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

24. Acknowledgement

You acknowledge that (a) you have read and understood this Agreement; and (b) this Agreement has the same force and effect as a signed agreement.

25. Contact Information

If you have any questions regarding these Terms of Use or the Services, please contact SA.COM at clientsupport@studentaid.com.