ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND COLLEGE AVE OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.
The Content is provided for informational purposes only. College Avenue believes that the Content is accurate, but it does not warrant its completeness, timeliness or accuracy. You understand that any examples, calculators, or other tools that College Avenue may make available on the Site are to provide you with estimates only. These estimates may be different from actual amounts. While College Avenue attempts to keep such estimates, calculators, and tools accurate, you understand that College Avenue does not warrant that they are error-free.
Use of Site
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 13 years old. If you are under the age of 13, you should not be visiting the Site. You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Any unauthorized or illegal use of the Site or the Content is strictly prohibited.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (“OFAC”). The countries that are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated. Your use of the Site may be monitored, tracked, and recorded. By using the Site, you expressly consent to such monitoring, tracking, and recording. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use, or exploit the Content or the Site for any commercial purpose.
To use the Site, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. We will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.
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- Constitutes a commercial use other than for your own use;
- Accesses data that is not intended for you;
- Attempts to harvest, collect, gather, or assemble information or data;
- Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site;
- Probes, scans, or tests the vulnerability of this Site, our network, our security, or authentication measures without proper authorization;
- Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Sends unsolicited mail, including promotions and/or advertising of products and services;
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- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Fails to comply with applicable third-party terms; or
- Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
If College Avenue provides you with a secure means of accessing a portion of the Site (such as a User ID and Password) you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree that you will not share such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify College Avenue of any unauthorized use of your log-in credentials or other breach of security known to you.
Products and Services
The products and services described on the Site, including their terms, conditions, availability or pricing, are subject to change at any time, without notice. The availability of the products and services described on this Site, as well as their associated fees, charges, interest rates, and balance requirements, may differ among geographic locations. By offering information about products and services on the Site no solicitation is made by College Avenue (or other third party offering the product or service) to any person whose use of such information, products or services in jurisdictions where such information, products or services is prohibited by law. Your eligibility for the products and services listed on the Site are subject to the final approval and acceptance of College Avenue or other third party offering the product or service. If you are invited to register on the Site for any products or services, you agree to provide accurate, true, current and complete information about you (or your business) as may be requested by the registration screens.
The works of authorship contained on the Site, including but not limited to all design, text, sound recordings and images, are owned (except as otherwise expressly stated) by College Avenue. Except as may be expressly stated on the Site, they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used-in whole or in part-except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of College Avenue’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.
Links to Other Sites
College Avenue may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. On certain webpages of our Site, we may offer social media plugins, including, but not limited to, Facebook or Twitter, which will establish a direct connection to the respective third party social media website. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by College Avenue of any products, services, information, goods, ideas or opinions that may be found on any Third Party Site.
College Avenue makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. College Avenue does not warrant that any Third Party Site is free from any claims of copyright, trademark or other infringement. College Avenue does not warrant that any Third Party Site is free from any viruses or other contamination.
Potential for Disruptions in Services
You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of College Avenue and despite commercially reasonable processes and procedures implemented by College Avenue to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance. You agree that we will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control.
Mobile Terms and Conditions
College Ave Student Loan Alerts
Receive alerts about the status of your loan from College Ave Student Loan Alerts through your mobile device. Join by providing your mobile phone number during the application process. Message and data rates may apply. Number of messages will vary depending on usage.
If you provide a cell phone number or a number that is later converted to a cell phone number, you expressly consent to us (or a third party loan servicer or debt collector on our behalf) using prerecorded or artificial voice messages, calls, messages from automated dialing systems, and text messages to contact you regarding the status of your application or loan. Normal usage and text message charges may apply to the extent permitted by applicable law.
Reply STOP to stop receiving College Ave Student Loan Alerts messages from College Ave Student Loans (you will receive a
For additional information, reply HELP or contact us at 844-422-7502.
To revoke your consent to receive automated phone calls and text messages from College Ave, contact us at 844-422-7502.
Supported carriers are:
AT&T, Verizon, Alltel, T-Mobile, Sprint, U.S. Cellular and Metro PCS. T-Mobile is not liable for delayed or undelivered
Disclaimer of Warranties
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, COLLEGE AVENUE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEDGE THAT NEITHER COLLEGE AVENUE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE CONTENT.
Limitation of Liability
IN NO EVENT SHALL COLLEGE AVENUE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF COLLEGE AVENUE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
Severability and Waiver
Arbitration Provision and Class Action Waiver
This Arbitration Provision and Class Action Waiver (“the Arbitration Provision”) does not apply to any product that constitutes “consumer credit” under the Military Lending Act (or its implementing regulations) that you may obtain from or through us if you are a covered borrower under the Military Lending Act at the time you obtain such product.
JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Arbitration Procedures. Either you or a Transaction Party can initiate arbitration through the AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and we cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitration will be governed by the then-current Consumer Rules, and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. Your arbitration ling fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, a Transaction Party will pay all arbitration administrative and arbitrator fees and expenses. The arbitration will be conducted solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties.
CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Dispute is elected, the Dispute will be resolved in arbitration (not in court) only on an individual basis and not as a class, consolidated, or representative action. To the fullest extent permitted under the FAA: (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
Governing Law and Jurisdiction
If for any reason a Dispute proceeds in court rather than in arbitration, you and the Transaction Parties each waive any right to a jury trial.
Last Updated On: April 17, 2020