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CHELA EDUCATION FINANCING, INC.™ ("CHELA") PROVIDES
THIS WORLD WIDE WEB SITE (THE "SITE") AND RELATED SERVICES SUBJECT TO YOUR
AGREEMENT TO AND CONTINUAL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE
FOLLOWING AGREEMENT (THE "TERMS OF USE"). YOUR USE OF THE SITE WILL EVIDENCE
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE.
The Site and the products and services of Chela available via the
Site are provided subject to these Terms of Use. By using the Site, you agree
to be bound by these Terms of Use.
Chela may make changes at any time to the Site or these Terms of Use.
Any modifications to these Terms of Use will be effective upon posting. Your
continued use of the Site following the posting of any revised Terms of Use will
constitute your acceptance of and agreement to be bound by the modified Terms of Use.
Copyright Information
All pages within the Site are copyrighted property of Chela or are the copyrighted
property of another entity that has duly licensed such copyrighted property for Chela's
use within the Site. The content in this Site is provided solely for the personal use of
Site users. Except as specifically provided below, no portion of the materials on this
Site may be reprinted, republished, transferred, sold or distributed in any form, in
whole or in part, without the express written permission of Chela.
Any person is authorized to use, copy, and distribute any complete page or,
where a document consists of more than one page, any complete document contained on the
Site, including related graphics, subject to the following conditions:
- Copying or distributing less than a complete page or (where a document consists of
more than one page) the complete document is prohibited;
- Chela's copyright notice must appear on all copies;
- Use, copying and distribution shall be solely for informational, non-commercial
purposes; and
- No graphics elements of any page or document on the Site may be used, copied or
distributed separate from the accompanying text.
University financial aid offices are authorized to copy and distribute
complete pages or documents and to distribute them without charge to their students,
provided Chela's copyright notice appears on all copies.
Trademark Notice
Chela Education Financing, Inc.™, AcademicEdge®,
Chela OnePay Consolidation Loan™, and the Chela Education Financing logo are
the service marks of Chela Education Financing, Inc.. All other trademarks, service
marks, and logos used in this Site are the trademarks, service marks, or logos of
their respective owners.
Use of Site
You may use the Site as a resource for information about Chela and the Site and to
access and facilitate your permitted use of the Site. Consistent with the terms set
forth above, you may download, view, copy and print information, documents and other
materials on or from the Site (i) solely for personal, informational, and
non-commercial purposes; and (ii) provided that neither the materials, nor any
proprietary notices therein, are modified or altered.
Except as expressly provided herein, you may not use, download, upload,
reproduce, copy, duplicate, print, display, perform, republish, sell, license, post,
transmit, disseminate, redeliver using "framing technology," otherwise distribute,
or commercially exploit in any way the web site or any portion of or information on
the web site, without the prior written permission of Chela. Other World Wide Web
sites may create hypertext links to the Site only with the permission of Chela.
In addition, you agree not to link to any page of the Chela Web site other than the
home page located at www.chelastudentloans.org.
Use of MyChela
You may use MyChela to store, retrieve and share data as described in this agreement
and on the MyChela portion of the Site ("MyChela"). You are solely responsible for any
actions you take in connection with your use of MyChela and for all data, information
or other material ("Data") you store, retrieve or share via MyChela.
You agree not to store, upload or transmit on, to or via MyChela any Data
which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret
or other proprietary right; (ii) is defamatory, libelous, or unlawfully threatening;
(iii) is pornographic, obscene, or exploitative of a minor; or (iv) otherwise violates
any applicable treaty, law or regulation. You agree you will not upload or transmit on,
to or via MyChela any Data containing a virus, worm, Trojan Horse or any other
contaminating or destructive feature. You agree you will not interfere, in any way, with
others' use of or access to MyChela and will not attempt to gain unauthorized access to
the account, computer system or Data of any other MyChela user. You further agree not to
take any other action in connection with your use of MyChela which violates any treaty,
law or regulation and to fully comply with all applicable treaties, laws and regulations
in your use of MyChela. Chela assumes no liability, and shall not be held responsible for,
any action you take or any Data you store, retrieve or share in connection with your use
of MyChela.
You agree to access MyChela through a web browser, and specifically agree not
to use any third party applications to access MyChela, any page of the Chela Web Site or
any linked Web Site. You further agree that you will not use any robot, spider or other
automatic device, manual process or application to access, monitor, copy or use MyChela,
Chela's Web Site or any linked Web Site. You agree not to take any other action that
imposes an unreasonable or disproportionate large load on MyChela or any linked Web Site.
Unauthorized Use of MyChela and the Site
Chela reserves the right to investigate and take legal action against any illegal
and/or unauthorized use of MyChela or the Site, including but not limited to,
unauthorized access to MyChela or the Site through a third party application,
robot, spider, automated devise, or other unauthorized means, interference with
MyChela, action that imposes an unreasonable load on MyChela, or link to any page
of the Site other than the home page. Chela Financial's decision not to pursue legal
action for any violation of the Terms of Use shall not be construed as a waiver of
the Terms of Use or Chela's legal rights.
Passwords
You acknowledge you are fully responsible for all activities which occur through
the use of the password you are granted upon registering to use any portion of
the Site, including, but not limited to, Chela Loan Applications and MyChela.
If a password is required for any particular portion of the Site,
or to gain access to particular information, you agree not to access or attempt
to access without an authorized password or through any means other than by
submitting your authorized password on the appropriate web page or web tools.
Proprietary Rights
Nothing in these Terms of Use shall be deemed to grant to you or any other user
any license or right in or to any patent, copyright, trademark, trade secret or
other proprietary right of Chela or any other entity that has licensed such
property for Chela's use on the site.
Children
In compliance with the Children's Online Privacy Protection Act,
15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, Chela Financial does
not permit children under 13 years of age to become users of the Site.
By using the Site, you represent and certify that you are not under
13 years of age.
Feedback
Except where expressly provided otherwise by Chela, all comments, feedback,
information or materials submitted to Chela through or in association with
the Site (collectively, "Feedback") shall be considered non-confidential and
Chela 's property. By submitting such Feedback to Chela you agree that you
assign to Chela, without charge, all worldwide rights, title and interest,
including copyrights and other intellectual property rights, in and to the
Feedback. Chela shall be free to use such Feedback on an unrestricted basis.
Third Party Advertisements and Links
Site users acknowledge that Chela provides to you a free service supported
by sponsors and that, at any time, Chela may display on this web site
advertisements from sponsors, such as banner advertisements and pop-up texts,
and links to third party sites. Chela is not responsible for the contents of
such advertisements or links, any products, services or other materials
relating to such advertisements, any linked site, or any link contained in a
linked site. The display of any advertisement or link does not imply endorsement
by Chela of the advertisement or linked site. IN NO EVENT WILL CHELA BE LIABLE,
DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING
TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEB
SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT,
ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Promotional Mailings and Newsletters
You agree to receive occasional promotional mailings and e-mail newsletters
(i) relating to the Site; and (ii) Chela.
Privacy
The terms of Chela's Privacy Statement
are hereby incorporated as part of these Terms of Use.
Special privacy policy addendum for MyChela users:
In order to permit MyChela users to access some or all MyChela
services, Chela intends to establish random, computer-generated identifiers for
all MyChela users at the time of user registration, These identifiers will be
shared, via encryption, with various Chela online affiliate partners to create
unique accounts with the affiliate partner that will allow access to certain
functionality offered on the affiliate partner's web site. It is Chela's
intent that no affiliate partner be able to determine the MyChela user's true
identity via this identifier, and at no time will Chela intentionally reveal
the MyChela user's true identity to the affiliate partner, except as described
below. Notwithstanding the above, Chela cannot and does not warrant that the
random, computer-generated identifiers will serve to maintain the confidentiality
of the MyChela user's identity. Further, it will be necessary to use a MyChela
user's true identity (typically a user's submitted email address and password)
in order to access some MyChela services. By becoming a MyChela member and using
the MyChela services, you agree that Chela can use any of your personal, non-public
information provided to Chela in any manner that may be necessary to allow you to
access MyChela and the MyChela services. Further, you agree that, for the purposes
of MyChela and the MyChela Services, you agree that Chela's Privacy Statement is
expressly modified to permit the use of your personal, non-public information,
as described above.
Your Termination of Use of MyChela
You may terminate your right to use MyChela at any time by logging on to your
account on MyChela, entering the "Edit My Profile" area, and following the
termination procedure indicated therein. This procedure will delete your account
and all Data you have stored on MyChela.
Termination of Access to MyChela by Chela
YOU ACKNOWLEDGE THAT, AT ANY TIME, WITHOUT NOTICE TO YOU, AND FOR ANY OR NO REASON,
CHELA MAY TERMINATE YOUR ACCESS TO MYCHELA AND/OR DELETE FROM MYCHELA ANY AND ALL
DATA YOU HAVE STORED ON MYCHELA. In that event, you will have no further right to
MyChela, and Chela shall have no obligation to retrieve or forward to you any
Data stored on MyChela.
MyChela users further acknowledge Chela's policy (i) to terminate
access to MyChela of any registered MyChela user who has not logged into
MyChela within a one hundred and eighty (180) day period of time and
(ii) to purge, on a monthly basis, any Data (other than personal information
you have provided Chela) stored by such terminated users. In the event you
have not logged into MyChela within the previous sixty (60) days, Chela will
send you an email reminding you of its Inactive User Policy. Reminder notices
may also be sent on the ninetieth (90th) and one hundred and twentieth (120th)
days of your failure to login. If you have not logged into MyChela by the one
hundred and eightieth (180th) day following your last login to MyChela, Chela
will terminate your MyChela access, and will purge from MyChela all Data
(other than personal information you have provided Chela) stored by you on
MyChela. In that event, Chela shall have no obligation to retrieve or forward
to you any Data you have stored.
Modification or Discontinuance of MyChela by Chela
At any time, without notice to you, and for any or no reason, Chela may modify
or discontinue MyChela. Chela shall in no way be held liable for any consequence
which results from Chela's decision to modify or discontinue providing MyChela,
and Chela shall have no obligation to retrieve or forward to you any Data
stored on MyChela.
Chela's Monitoring and Purging of Data
You agree Chela has no obligation to review or monitor the Data you may store,
retrieve or share via MyChela. You also agree Chela may, at any time, without
notice to you, review, monitor and/or purge from MyChela any Data you have stored
on MyChela (i) if Chela observes Data you share publicly which Chela determines,
in its sole discretion, violates these Terms of Use; (ii) if a user with whom you
privately share a file informs Chela of contents which violate these Terms of Use;
(iii) if you request Chela access your account in order to provide you assistance
and, in doing so, Chela observes Data which Chela determines, in its sole discretion,
violates these Terms of Use; or (iv) upon order of court, administrative or
regulatory body or other tribunal of competent jurisdiction, or as otherwise
required by law.
In the event that Chela finds that any Data you have stored on MyChela
violates these Terms of Use and, although we do not plan on having any pay for
subscription fees to as part of MyChela's services, in the event we do, such fees
shall not be returned or refunded to you, whether in whole or in any portion.
Chela's Disclosure of Data
You agree Chela may disclose to third parties any Data you store on the Site
upon order of court, administrative or regulatory body or other tribunal of
competent jurisdiction, or as otherwise required by law. In that event, Chela
will provide you notice of such disclosure to the extent possible and
permitted by law.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND
THAT THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHELA HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND
USE THEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF THE CONDITION,
QUALITY, DURABILITY, PERFORMANCE, ACCURACY, AVAILABILITY, RELIABILITY,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, CHELA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IT IS YOUR SOLE
RESPONSIBILITY TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION
SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT DATA OR OTHER MATERIAL YOU
STORE ON THE CHELA FINANCIAL WEB SITE WILL NOT DAMAGE THE SITE OR ANY DATA
STORED ON THE SITE.
Limitation of Liability
IN NO EVENT SHALL CHELA BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES
OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO
USE OR IMPROPER USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES
FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF
DATA), EVEN IF CHELA FINANCIAL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Indemnification
You agree to indemnify and hold Chela, its subsidiaries, affiliates,
officers, directors, agents, employees and representatives, and each
of their subsidiaries, affiliates, officers, directors, agents, employees
and representatives, from and against any and all damages, liabilities,
actions, causes of action, suits, claims, demands, losses, costs and expenses
(including without limitation reasonable attorneys' fees and disbursements
and court costs) arising from or in connection with your use of the Site;
MyChela; any Data you store, retrieve or share on, to or via the Site or
MyChela; your violation of these Terms of Use; or your violation of any
rights of any third party.
Governing Law
The laws of the State of California will govern these Terms of Use.
You agree that any action arising out of the Terms of Use or your use
of the Site or MyChela shall be brought in state or federal court in
San Francisco, California, and you consent to the jurisdiction of such courts.
Contact
If you have any questions relating to these Terms of Use, the Site or Chela,
please contact:
information@chelafin.org
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