By using the website, you agree to the following terms and conditions. Please read these terms and conditions carefully. By accessing the Site, you are subject to the terms and conditions set forth in the Terms. If you do not agree to these terms and conditions, you may not access or use the Site.
USE OF INFORMATION AND MATERIALS
The Site provides users with access to information and materials about and from Power:Ed its third-party service providers. These materials may include information related to certain products and services (“Products and Services”) offered by Power:Ed. The Site may also contain text, pictures, graphics, logos, button items, images, works of authorship, and other contact (collectively with all information and material about Power:Ed, Products and Services, “Content”).
It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. YOU MAY NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS.
Your eligibility for particular products and services is subject to final determination and acceptance by us.
Any comments sent to us, including but not limited to feedback data, questions, comments, suggestions, corrections, and bug fixes shall be deemed to be non-confidential, and we shall be free to use the ideas, concepts, know-how, and techniques contained therein, and to use, reproduce, disclose, exhibit, display, transform, adapt, create derivative works and/or distribute the feedback to others without limitation and without obligation.
We reserve the right to modify the Site and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Site at any time without prior notice to you.
RESTRICTIONS ON USE
You agree not to use the Site for any use other than the business purpose for which it was intended. You will not and will not permit any third party to, take any of the following actions with respect to the Site or the server hosting the Site nor will you use the Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use the Site in any manner that: (1) is fraudulent, unlawful, malicious, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (2) impersonates any person or entity; (3) disables, overburdens, impairs or otherwise interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (4) transmits or otherwise makes available in connection with the Site any virus, worm, Trojan horse, robot, spyware, or other code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware; (5) restricts, interferes, or inhibits any other person from using the Site, including by means of hacking or defacing any portion of the Site; (6) interferes with or violates any other Site visitor’s or user’s right to privacy or other rights, or harvest or collection personally identifiable information about Site visitors or users; (7) sell, resell, transfer, license, or exploit for any commercial purpose or use of or access to the Site; (8) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (9) damages, disables, overburdens, impairs any server or our network(s); (10) accesses systems, data, or information not intended by us to be made accessible to a user; (11) attempts to obtain materials or information through any means not intentionally made available by us; (12) conduct any activities other than for the purposes for which it was intended; (13) create a false identity for the purpose of misleading others or impersonate any person; (14) upload or transmit any material you do not have the right to reproduce, display, or transmit under any law, contract, or fiduciary relationship; (15) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (16) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (17) violates any applicable state, local, national, or international law, (18) manipulates or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage (i.e. deep-linking) located at www.power-ed.org; (19) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (20) uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site; (21) modifies, adapts, improves, enhances or makes any derivative work from the Site; (22) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (23) compiles, uses, downloads or otherwise copies the Site or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Site or such information to any third party; (24) promotes or provides instructions for illegal activities; (25) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (26) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (27) accesses systems, data or information that we do not intend to be made accessible to you. Use of the Site is limited to persons eighteen (18) years of age or older.
CONTENT AND AVAILABILITY
Due to offers that limited in time or availability, certain Products and Services described on the Site may not be available to all users.
The content and availability of this Site may change at any time. We are not liable to you for any change in the Site or in connection with the availability of the Site. We are not responsible for nor has control over any third-party websites or webpages made available via Site links. We disclaim responsibility for any material on a third-party website that may be inaccurate, unlawful, or otherwise objectionable.
You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
DISCLAIMER: NO WARRANTY
Content and other information contained on the Site has been prepared by Power:Ed as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PowerEd: has used reasonable efforts in collecting, preparing, and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Site or any other Site maintained by Power:Ed.
Users relying on Content or other information from the Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant Product or Services agreement for complete terms and conditions. Should you purchase a Product or Service from Power:Ed or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Sites does not affect that purchase in any manner.
THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SITE OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SITE BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE MATERIALS PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
All right, title and interest in the Site and any content contained herein is the exclusive property of Power:Ed, except as otherwise stated. Unless otherwise specified, this Site is for your personal and non-commercial use only and you may print, copy, and download any information or portion of this Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create, derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products, or services obtained from this Site except for the purposes expressly provided herein without Power:Ed’s prior written approval.
All trademarks, service marks and logos that are used or displayed on the Sites are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Site may be covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
DIGITAL MILENNIUM COPYRIGHT ACT
If you believe that any Content on the Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at 800-432-0801 with reasonably sufficient detail necessary for us to consider and respond to your complaint. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to Power:Ed PO Box 102405, Columbia, SC 29224.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use this Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.
LINKS TO THIRD PARTY WEBSITES
We may engage certain affiliates, subcontractors, or other third parties to provide all or part of the Site to you, including payment processing services, and you hereby acknowledge and agree that such third-party involvement is acceptable. Additionally, the Site may contain hyperlinks to other sites owned and operated by parties other than Power:Ed. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. These third-party services may have their own associated terms of services and license agreements that you will agree to when you use these third-party services. You agree that any interaction with these third parties will be governed by the terms of service between you and each individual third party and you acknowledge and agree that we are not responsible for and is not liable for the content, products, services, or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third-party websites or for any action you may take as a result of linking to any such website.
We are under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.
REVIEWS, COMMENTS, AND OTHER CONTENT
If you post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the Site or to us, you acknowledge and agree that all such materials will comply with these Terms and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the information. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the any materials you provide on any media and in any form for our business purposes. You represent and warrant that all material that you submit, or post complies with any applicable guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all material and information you submit to the Site or us is accurate, truthful, and non-deceptive and that all material and information has evidence to back up the claims made.
VIOLATION OF RULES AND REGULATIONS; DISCLOSURE OF INFOMRATION
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Site, including, without limitation, these Terms, including the right to block access from a particular Internet address to the Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Notice, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; and/or (v) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN FIFTY UNITED STATES DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
NO FIDUCIARY RELATIONSHIP
Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.
RIGHT TO MONITOR
We reserve the right to actively monitor the use of the Site and use any information gathered during such monitoring for any permissible purpose under the Privacy Notice. Additionally, we may, at any time as we deem appropriate, remove any materials from the Site that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the Site.
COMMUNICATIONS BY EMAIL
Conventional email is not a secure method of communication over the Internet, and we recommend that you not send confidential or privileged information to us by conventional email. An electronic message sent by you will not be immediately received by us. No action will be made on electronic message you send to us until we have actually received your message and has a reasonable opportunity to respond to it and confirm its authenticity. There may be limitations on your use of electronic messaging from time to time and for certain transactions. You acknowledge and agree to the following: (1) information communicated via email to or from us may include information related to any or all Services we feel may be of interest to you; (2) you have been advised of and understand the risks of using email and that we are unable to guarantee the authenticity, privacy, or accuracy of information received or sent by email or to monitor the authorization of persons using your email address to send or receive information; (3) you receive information from us via email that you believe is intended for another recipient, you agree to immediately return the information to us and delete the communication; 4) certain information communicated by us to you may be confidential in nature and that you will maintain the confidentiality of such information and to refrain from sharing the information with any other person or entity or form using the information for any non-permitted purpose or for any purpose which is not related to your financial relationship with us; (5) In the event that you believe an unauthorized person has gained access to your email account, you agree to immediately notify us so that we can cease communication of information to you via email until you and we take measures to protect your financial information; and 6) having acknowledged the risks associated with communicating financial information via email, you (i) agree that we have no obligation to monitor or investigate the use of your email account, or the source of any email communication received from you bearing your email address, (ii) release us from any claim or liability arising from or in connection with any communications sent or received using email, and (iii) agree to indemnify us from all claims, losses, expenses, or liability arising from or connected in any way with the use of email as contemplated by these Terms.
ELECTRONIC COMMUNICATIONS AND NOTICE
When you visit the Site or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Additionally, by submitting an online application, you agree that we may send you certain messages via automated phone calls and SMS messages, including telemarketing messages. All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Power:Ed is PO Box 102405, Columbia, SC 29224. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.
SEVERABILITY AND WAIVER
USE OUTSIDE OF THE UNITED STATES; CHOICE OF LAW; AND VENUE
TIME LIMIT ON CLAIMS AGAINST US
You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
SC Student Loan Corporation
PO Box 102405
Columbia, SC 29224