Terms of Service

Please read this Terms of Service agreement (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your acceptance of this Agreement.

Chaperone LLC (“Chaperone,” “we,” “us”) provides users of this website with access to certain products, services, information, content and materials related to student loan repayment advice and related products and services, online forums and discussion groups, links to third party websites, audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other products services, information, content and materials (such products, services, information, content and materials collectively, the “Services”). This Agreement is between you (“you”) and Chaperone and governs your use of this website and all such Services (such website and Services, collectively, the “Site”).

1. Acceptance of Terms. The Site is made available by Chaperone subject to this Agreement. YOUR ACCESS TO AND USE OF THE SITE ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT, AND YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO (AND WILL HAVE NO RIGHT TO) ACCESS OR USE THE SITE. NOTE THAT ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE. Your use of certain Services may also be subject to additional guidelines, rules, terms and conditions, which additional guidelines, rules, terms and conditions are hereby incorporated into this Agreement by this reference. In particular, and without limitation, in the event that you participate in any of our Services, the additional terms and conditions you accept at purchase for these Services will also apply.

   We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. We also reserve the right from time to time in our sole discretion to modify or discontinue all or any portion of the Site with or without notice. You agree that neither Chaperone nor any of our affiliates, nor any of Chaperone’s or its affiliates’ employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (collectively, “Affiliated Entities”) will be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Site. Your continued use of the Site after any changes to the Agreement or the Site will indicate your acceptance of such changes.

2. Jurisdictional Issues. The Site is controlled and operated by Chaperone from the United States, and is not intended to subject Chaperone to the laws or jurisdiction of any state, country or territory other than that of the United States. Chaperone does not represent or warrant that all or any portion of the Site is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access and use the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations in connection with such use and access. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Information Submitted Through the Site. Your submission of personal information through or in connection with your use of the Site (including in connection with any registration or Transaction) is governed by Chaperone's Privacy Policy, which is located at http://www.studentloanchaperone.com/privacy.php (the “Privacy Policy”), which is hereby incorporated into this Agreement by this reference. You represent and warrant that any information you submit through or in connection with your use of the Site is and will remain true, accurate, and complete, and that you will maintain and update such information regularly. If any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to and use of the Site.
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to and use of the Site. You agree that you will not:
   • Post, transmit, or otherwise make available, through or in connection with the Site:
     • Any information, content or material that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
     • Any information, content or material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
     • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
     • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
     • Any material, non-public information about a company without the proper authorization to do so.
   • Use the Site for any fraudulent or unlawful purpose.
   • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
   • Impersonate any person or entity, including any representative of Chaperone or any Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
   • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
   • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
   • Use the Site to advertise or offer to sell or buy any goods or services without Chaperone’s express prior written consent.
   • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
   • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
   • Remove any copyright, trademark or other proprietary rights notice from any portion of the Site.
   • Frame or mirror any portion of the Site without Chaperone’s express prior written consent.
   • Create a database by downloading and storing any information, content or materials from the Site.
   • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather any information, content or materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site without Chaperone’s express prior written consent. Notwithstanding the foregoing, Chaperone grants the operators of public search engines permission to use spiders to index the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Site, but not caches or archives of any portion of the Site. Chaperone reserves the right to revoke these permissions either generally or in specific cases.

   Additionally, you acknowledge and agree that you (and not Chaperone) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

5. Purchases. We may make available Services for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any Service made available by us through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including your credit card or debit card number, the expiration date of your credit card or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARDS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Chaperone the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We reserve the right to bar any user from making any or all Transaction(s), and to refuse to provide any user with any Service. Refunds and exchanges will be subject to Chaperone’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Descriptions and images of, and references to, third-party products or services available through or in connection with the Site do not imply Chaperone’s endorsement of such third-party products or services.
6. Registration; User Names and Passwords. You may be required to register with Chaperone in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

   Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including all Transactions). You agree to immediately notify Chaperone of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

7. Profiles and Forums. The Services may include the ability to create user profiles (“Profiles”), and to post or transmit information and materials on or through the Site such as through message boards, forums, blogs, chat functionality, and messaging functionality (each, a “Forum”).

   Information and materials contained in the Profiles and Forums may be provided by employees of Chaperone and the Affiliated Entities as well as by third party users of the Site. Please note that such third party users may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Chaperone or the Affiliated Entities. Neither Chaperone nor the Affiliated Entities endorse or are responsible for (and will not be liable for any loss or damage arising out of or relating to) any opinion, advice, information, statement or material provided, made or posted in the Profiles or Forums by any third party. In addition, neither Chaperone nor the Affiliated Entities will have any liability for any losses or damages arising out of or relating to, the use, disclosure or dissemination by any third party of information that you make publicly available through a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

8. Submissions. In the event that you post or upload to the Site, or otherwise make available or submit to Chaperone in connection with your use of the Site, any information, content or materials, including through a Profile or a Forum (“Submissions”), you will retain ownership of such Submissions, and you hereby grant to Chaperone and our designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully paid-up, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in any media now known or hereafter developed, including in connection with the Site and any related products, services and activities. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

   None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Site; to protect Chaperone or the Affiliated Entities; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

   You represent and warrant that you own all of your Submissions, or otherwise have all rights necessary to grant the rights and licenses granted in this section, and that such Submissions and the exercise of such license comply with all applicable laws, rules and regulations, and do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

9. Chaperone's Proprietary Rights. The Site, including all Services, are and will remain the property of Chaperone and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Chaperone to access and use the Site, you may access and use the Site solely for your personal, non-commercial home use, provided that you keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by Chaperone in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, or otherwise distribute any part of the Site, including any Services.

   Trade names, trademarks and service marks of Chaperone include STUDENT LOAN CHAPERONE, YOUR DEDICATED REPAYMENT EXPERTS, and any associated logos (including the Mortar Board Logo). All trademarks and service marks on the Site not owned by Chaperone are the property of their respective owners. The trade names, trademarks and service marks owned by Chaperone, whether registered or unregistered, may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing in this Agreement, and nothing on the Site, grants (or should be construed as granting) by implication, estoppel or otherwise, any license or right to use any of Chaperone’s trade names, trademarks or service marks without our express prior written consent.

10. Links. The Site may provide links to other web sites and online resources. Because Chaperone has no control over such sites and resources, you acknowledge and agree that neither Chaperone nor the Affiliated Entities are responsible or liable for the availability of such external sites or resources, or for any products, services, information, content or materials available on or through such sites or resources, or any losses or damages incurred in connection therewith. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that neither Chaperone nor the Affiliated Entities are responsible or liable for any links from those sites to the Site, or for any products, services, information, content or materials available on or through such other sites, or any losses or damages incurred in connection therewith.

    YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING YOUR USE OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

    In the event that you wish to place a link to the Site on your website, you may do so subject to the following and the other terms and conditions of this Agreement: (a) such link must use the phrase “Student Loan Chaperone”; (b) such link must open in a new browser window and resolve directly to the applicable page on the Site (and you may not frame any page or content on the Site, or otherwise incorporate any page or content on the Site into your website); and (c) Chaperone will have the right, at any time and in its sole discretion, to require that you remove such links from your website and/or block links to the Site through technological or other means without prior notice.

11. Disclaimer of Warranties. THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY SERVICES. BRIDGESPAN AND THE AFFILIATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

    WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, WHILE WE ATTEMPT TO ENSURE THAT INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE IS COMPLETE, ACCURATE AND CURRENT, SUCH INFORMATION MAY NONETHELESS OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE, AND ACCORDINGLY WE MAKE NO REPRESENTATION OR WARRANTY (AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES) AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE. YOU MUST EVALUATE, AND YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY SUCH INFORMATION, INCLUDING RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY SUCH INFORMATION.

    IN ADDITION, WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE AND THE SERVERS FROM WHICH THE SITE IS OPERATED, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE MAY INCLUDE INACCURACIES AND ERRORS, AND THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SITE. If you become aware of any unauthorized third party alteration to the site, contact us at support@studentloanchaperone.com with a description of the material(s) at issue and the URL or location on the site where such material(s) appear.

12. LIMITATION OF LIABILITY. NEITHER BRIDGESPAN NOR THE AFFILIATED ENTITIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR UNAUTHORIZED INTERCEPTION INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER BRIDGESPAN NOR THE AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF BRIDGESPAN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BRIDGESPAN TO ACCESS AND USE THE SITE.
13. Indemnity. You agree to defend, indemnify and hold harmless Chaperone and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys fees) arising out of or relating to (a) your use of or access to, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
14. Termination. This Agreement is effective until terminated. Chaperone, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Chaperone believes that you have violated or acted inconsistently with this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Chaperone may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Chaperone nor the Affiliated Entities will be liable to you or any third party for any termination of your access to the Site or to any such information or files, and will not be required to make such information or files available to you after any such termination. Except for your right to access and use the Site, the rights and obligations of the parties under this Agreement will survive any expiration or termination of this Agreement.
15. Governing Law. This Agreement is governed by and will be construed in accordance with the laws of the Commonwealth of Virginia, without regard to its principles of conflicts of law.
16. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to support@studentloanchaperone.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
17. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the third party web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Chaperone does not endorse any of the products or services listed at such sites.
18. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to support@studentloanchaperone.com. You may also contact us by writing to PO Box 13352, Arlington, VA 22209-3352, or by calling us at 877-265-5009. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Chaperone a notice requesting that Chaperone remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Chaperone a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

    Chaperone LLC

    1001 19th Street North, Suite 1200

    Arlington, VA 22209

    Phone - (703) 341-5999

    Fax - (866) 492-9616

    Email - support@studentloanchaperone.com.

    We suggest that you consult your legal advisor before filing a notice or counter-notice.
20. Ability to Enter Into This Agreement. By using the Site, you represent and warrant that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
21. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Chaperone. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The words “include” and “including” shall not be construed as terms of limitation, and shall therefore mean “including but not limited to” and “including without limitation.” This Agreement, together with all policies and additional terms and conditions referred to herein, is the entire agreement between you and Chaperone relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Chaperone relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Chaperone's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will 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. Chaperone will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Site © 2009 Chaperone LLC unless otherwise noted. All rights reserved.