
The "Live to Learn™" information exchange
program offered through this Website ("Website") is brought
to you by EduCap Inc.®
("EduCap"). This Website (the "Website") is owned and operated
by EduCap, the administrator of the content and tools. EduCap
provides this Website and its related services to you subject
to the following notices, terms and conditions ("Terms of Use").
Please read these Terms of Use carefully BEFORE using the Website.
Your continuing access and/or use of this Website SIGNIFIES
YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do
not wish to accept these Terms of Use, you may choose not to
use the Website. You agree that EduCap may, at its sole discretion,
terminate your access to this Website at any time without notice.
Any additional terms and conditions proposed by you which are
in addition to or which conflict with these terms and conditions
of service are expressly rejected by EduCap and shall be of
no force or effect. Any rights not expressly granted herein
are reserved.
Modifications and Updates
Fees, interest rates, repayment terms, penalties,
annual percentage rates and all other information on this Website
are subject to change without notice, unless otherwise specifically
required in writing by state or federal law. CHANGES ARE PERIODICALLY
MADE TO THESE TERMS OF USE. EDUCAP MAY MAKE CHANGES TO THE SERVICES
OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE
DISCRETION. The most current version of these terms can be reviewed
by clicking on the "Terms of Use" link located at the bottom
of our Website pages. These notices, terms and conditions are
subject to change in the sole and absolute discretion of EduCap.
All updates, enhancements, new features and or the addition
of additional web properties (in the form of additional web
pages or Websites) are immediately subject to these terms and
conditions. Your continued use of the EduCap Website constitutes
your continued acceptance to all such notices, terms and conditions
as modified.
Use of Site
EduCap may, in its sole discretion and without
notice, deny any person or company's access to this Website
or any portion thereof. As a condition of your use of this Website,
you will not use the Website for any purpose that is unlawful
or prohibited by these Terms of Use. You may not use this Website
in any manner that could damage, disable, overburden or impair
any EduCap server or interfere with any other party's use and
enjoyment of the Website and services offered herein. You may
not attempt to gain unauthorized access to EduCap's or other's
accounts, information, computer systems or networks connected
to the EduCap server or to any of the services or products offered
via the Website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the Website. This Website, any portion of this Website
and any software, content, products or services obtained herein
may not be decompiled, disassembled, reverse engineered, uploaded,
reproduced, modified, distributed, transmitted, duplicated,
copied, sold, resold, displayed, performed, published, licensed,
used to create derivative works from, transferred or otherwise
exploited for any commercial purpose that is not expressly granted
by EduCap. EduCap reserves the right to refuse service, in its
discretion, including, without limitation, if EduCap believes
that conduct violates applicable law, is harmful to the interests
of EduCap and its affiliates or any other reason. EduCap further
reserves the right to pursue any legal action available against
any user whose use violates the state, federal or local law
or these Terms of Use. Availability of this Website or particular
information or services herein is subject to change without
notice.
Indemnification
You agree to indemnify, defend and hold EduCap
harmless from and against any and all claims, liabilities, damages,
losses or expenses (including reasonable attorney's fees and
costs) arising out of, based on, or in connection with your
unlawful or unauthorized access and/or use of this Website.
Children Under 18
EduCap does not offer information or services
to children. If you are under 18, you may use this Website only
with involvement of a parent or guardian. EduCap reserves the
right to refuse service, terminate accounts, remove or edit
content, or cancel orders/ requests in its sole discretion.
Account Creation
In order to obtain access to certain portions
of this Website, you may be required to create an account with
a username and password. You will provide EduCap with certain
registration information, all of which must be accurate, truthful
and updated. You shall not: (i) select a username already used
by another person, (ii) use a username in which another person
has rights without such person's authorization; or (iii) use
a username or password that EduCap, in its sole discretion,
deems offensive or inappropriate. EduCap reserves the right
to deny creation of your account based on EduCap's inability
to verify the authenticity of your registration information.
You shall be solely responsible for maintaining the confidentiality
of your password. You shall immediately notify EduCap of any
known or suspected unauthorized use of you account, or any known
or suspected breach of security, including loss, theft or unauthorized
disclosure of your password or credit card information. If you
use this Website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer and you agree to accept responsibility for all activities
that occur under your account or password. You are fully responsible
for all usage or activity on your account, including but not
limited to use of the account by any third party authorized
by you to use your username and password. EduCap reserves the
right to terminate your account, in its sole discretion, at
any time without notice. You may also terminate your account
at any time in writing. You are responsible for all charges
incurred up to the time the account is terminated. Notwithstanding
anything else herein, EduCap reserves the right to pursue any
and all claims against any user of your account. You agree to
maintain only one account on this Website at any time and you
certify that you currently have no other account(s) on the Website.
Unsolicited Idea Submission
Policy
EduCap or any of its employees do not accept
or consider unsolicited ideas, including ideas for new advertising
campaigns, suggestions, new promotions, new products or technologies,
concepts, ideas, notes, designs, materials, marketing plans,
new product names or other materials or processes other than
those it has specifically requested. Please do not send any
original creative artwork, samples, demos, or other works. The
sole purpose of this policy is to avoid potential misunderstandings
or disputes when EduCap's products or marketing strategies might
seem similar to ideas submitted to EduCap. So, please do not
send your unsolicited ideas to EduCap or anyone at EduCap. If
despite our request that you not send us your ideas and materials,
you still send them, please understand that EduCap makes no
assurances that your ideas and materials will be treated as
confidential or proprietary. Unless otherwise agreed, EduCap
may edit, copy, publish, distribute, translate and otherwise
use in any medium any such materials that you forward to EduCap
and will own exclusively all such rights, titles and interest
and shall not be limited in any way in its use, commercial or
otherwise. EduCap is and shall be under no obligation to: (1)
maintain any of your materials in confidence; (2) to pay to
you or any user any compensation for any such materials; or
(3) to respond to any of your or any other user's materials.
Links to Third Party
Sites
EduCap may contain links to other Websites
("Linked Sites"). Linking to such Linked Sites will let you
leave the Website. Unless otherwise indicated, EduCap is not
affiliated with any of the Linked Sites. The Linked Sites are
not under the control of EduCap and EduCap is not responsible
for the treatment of any personal information you submit to
those Linked Sites or the contents of any Linked Site, including,
without limitation, any link contained in a Linked Site, or
any changes or updates to a Linked Site. EduCap does not endorse
or make any representations about any Linked Site, any information,
software or other products or materials found in a Linked Site,
or any results that may be obtained from using these links.
EduCap is providing these links as a mere convenience to you,
and the inclusion of any link does not imply endorsement by
EduCap. If you decide to access any of the third party Websites
linked from this Website, you do so entirely at your own risk.
Linking to EduCap
Linking to EduCap from another Website ("Linking
Site") is only allowed under the following conditions. A Linking
Site may link to, but not replicate, EduCap's content. A Linking
Site shall not create a frame, browser or border environment
to EduCap's content and a Linking Site shall not imply that
EduCap is endorsing it or its products. The Linking Site shall
not misrepresent the Linking Site's relationship with EduCap,
shall not provide false information about EduCap's products
or services, and shall not unlawfully use the copyrights or
trademarks owned by EduCap or others. Linking Sites shall abide
by any and all applicable laws.
Limitation of Liability
This Website and all information, content,
services, goods, advertisements, documents and related graphics
provided herein are provided "as is" without warranty of any
kind. The information, documents and related graphics published
on this Website could include technical inaccuracies or typographical
error. EduCap makes no representations or warranties of any
kind, express or implied, as to the operation of the Website
or the information, content materials or products included on
this Website. To the fullest extent possible by applicable law,
EduCap and its affiliates, officers, directors and employees
hereby disclaim all warranties and conditions with regard to
this information, including all warranties and conditions of
merchantability, whether express, implied or statutory, fitness
for a particular purpose, title and non-infringement. EduCap
does not warrant that the Website is compatible with your equipment
or that the related services therein are free of errors, viruses,
worms, "trojan horses" or any other harmful, invasive or corrupted
files and is not liable for any damages you may suffer as a
result of such destructive features. In no event, shall EduCap
and or its affiliates, officers, directors or employees be liable
for any special, indirect or consequential damages or any damages
whatsoever resulting from loss of use, data or profits, whether
in an action of contract, negligence or other tortuous action,
arising out of or in connection with the use or performance
of this Website or software, documents, provision of or failure
to provide services, or information available from EduCap through
this Website.
Copyright Notice
Copyright © 2005, EduCap Inc. All rights
reserved.
Copyright
Unless otherwise specifically stated, all content
and otherwise protectable features of this Website, including
but not limited to the design, arrangements, layout, software,
text, graphics and images were created by or at the direction
of EduCap, are the property of EduCap and are protected by United
States and international copyright laws. NO PORTION OF THIS
WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS
PERMISSION TO DO SO IS GIVEN BY EDUCAP® IN WRITING. The
compilation, collection, arrangement, and assembly of all content
on this site is the exclusive property of EduCap and is protected
by United States and international copyright laws. All software
and tools used on this site are the property of EduCap or its
software suppliers and are protected by United States and international
copyright laws. The images used on this Website are the property
of their respective copyright owners, and are used by EduCap
pursuant to authorization from the copyright owners or their
agents. The content, images and software on this Website may
be used as a resource. You may also use, view, print and/or
download informational materials from this Website solely for
your personal, informational, or non-commercial use, provided
you keep intact all copyright and other proprietary notices.
Any other use, including, the reproduction, modification, distribution,
transmission, republication or display, of the content, images
and software on this Website is strictly prohibited.
Trademarks
"EDUCAP," "EDUCAP INC.®,"
and the stylized "Live to Learn™" logo along with all
other trademarks, services marks, and logos whether registered
or not, set forth on this Website are the sole property of EduCap,
unless otherwise noted herein. You have no right to use any
such trademarks, service marks or logos and nothing contained
in this Website or the Terms of Use grants any right to use
them without the prior written permission of EduCap or the respective
owner. More particularly, EduCap's trademarks may not be used
in connection with any product or service that is not owned
by EduCap in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits EduCap
or the Live to Learn student loan program. Any trademarks not
owned by EduCap that appear on this Website are the property
of their respective owners and may not be used in connection
with any product or service that is not owned by the trademark
owners in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits the
trademark owners. All of the above trademarks may not be copied,
downloaded or otherwise exploited without the permission of
EduCap or the owner of such trademark, service mark or trade
name, except as explicitly permitted by the trademark owner.
Export Control
Unless otherwise specified, the materials on
this Website are presented solely to provide information regarding
and to promote EduCap's services and other products available
in the United States, its territories, possessions and protectorates.
The Website is controlled and operated by EduCap from its offices
within the Commonwealth of Virginia, United States of America.
EduCap makes no representation that materials on the Service
are appropriate or available for use outside the United States.
Those who choose to access the Website from outside the United
States do so on their own initiative and are responsible for
compliance with local laws, if and to the extent that local
laws are applicable. Software from the Website is further subject
to United States export controls. No software from the Website
may be downloaded or otherwise exported or re-exported (A) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods, or (B) to anyone on the U.S. Treasury Department list
of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By using the Website, you represent and
warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
Severability
If any provision of these terms, conditions
and notices are found to be invalid or unenforceable, that provision
will be enforced to the maximum extent permissible, and the
remaining provisions with remain in full force.
Applicable Law
This site is created and controlled by EduCap
Inc. in the State of Virginia, USA. As such, the laws of the
State of Virginia will govern these notices, terms, and conditions,
without giving effect to any principles of conflicts of laws.
Privacy
See our Privacy Policy relating to the collection
and use of your information.
Contact Us
If you have any questions regarding the Terms
of Use for this Website, please contact Live to Learn™
at support@LivetoLearn.com.
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