Terms of Use

Notice

THIS WEB SITE (WWW.COLLEGEAVESTUDENTLOANS.COM) AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY COLLEGE AVENUE STUDENT LOANS LLC (“COLLEGE AVENUE” or “COLLEGE AVE STUDENT LOANS”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW (THE “TERMS OF USE”), INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE. BY ACCEPTING THESE TERMS OF USE, YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO THE SITE AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

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.

Site Content

The products, services, information, materials, graphics, arrangement, design, text, sound and other items contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change any time, without notice. Any such changes shall take effect as soon as they are posted on the Site (or, if we provide advance notice of the change, on the date specified in any such notice). Your use of the Site after the effective date of the changes shall constitute your agreement to be bound by the terms of the changes. Any dated information is published as of that date. College Avenue has no obligation or responsibility to update or amend any such information. You should review these Terms of Use periodically for any changes. Notwithstanding any provision of these Terms of Use or of any other agreement governing the use of the Site, we will not amend the Arbitration Provision and Class Action Waiver, described below, in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety.

College Avenue reserves the right to terminate any Content or the Site at any time, without prior notice. College Avenue reserves the right to modify any of the Content at any time, without notice. In the event we terminate any Content, the Site, or these Terms of Use, any existing transactions you have entered into with us will remain in effect. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications are effective, you agree to the Content as modified.

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.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site. You agree that when using the Site you will not misrepresent your identity or impersonate any other person. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into any of our systems or misuse of any Content posted on the Site, is strictly prohibited. You are prohibited from using the Site in any manner that:

  • 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;
  • Is unlawful, fraudulent, or deceptive;
  • Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • Violates these Terms of Use or any other policies or agreements that you enter into with us;
  • Fails to comply with applicable third-party terms; or
  • Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

If you violate any provision of these Terms of Use, we reserve the right to terminate your access to the Site. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Site.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site you understand and agree that College Avenue disclaims any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.

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.

Copyright Notices

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.

Submissions

All information submitted to College Avenue through the Site shall be deemed and remain the property of College Avenue. College Avenue shall be free to use (for any purpose) any and all ideas, concepts, know-how or techniques that are contained in any information that you may submit to College Avenue through the Site. College Avenue shall not be subject to any obligations of confidentiality regarding information submitted through the Site, except as may be specifically agreed to by College Avenue or that may be required by applicable law. However, nothing in the foregoing shall be construed as limiting or in any way reducing the responsibilities that College Avenue may have under the terms of its Privacy Policy.

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.

You understand that Third Party Sites may have a privacy policy that is different from that of College Avenue and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.

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.

STOP Information

Reply STOP to stop receiving College Ave Student Loan Alerts messages from College Ave Student Loans (you will receive a
confirmation text).

HELP Information

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
messages.

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.

Indemnification

You agree to defend, indemnify and hold College Avenue, its affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, or any of the products or services provided on this Site.

Severability and Waiver

In the event that any of the terms or provisions of these Terms of Use (excluding the Arbitration Provision and Class Action Waiver) is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

College Avenue does not waive any of its rights under these Terms of Use unless it is written and signed by a duly authorized representative of College Avenue. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

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.

THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.

Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Provision, College Avenue, and any bank or financial institution with which College Avenue partners, together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Site, (ii) these Terms of Use, (iii) any loan application or any loan, refinancing, or other agreement relating to or made or obtained through the use of the Site, or (iv) the relationship between you and any Transaction Party in connection with any of the foregoing that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the use of the Site or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in the same proceeding or a related proceeding.)

“Dispute” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of this Site, including, but not limited to, any dispute or claim arising before the date you accessed this Site or agreed to these Terms of Use and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Site and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) credit reporting or a Transaction Party’s use of consumer reports; (iv) any product or service provided by or through a Transaction Party or third parties in connection with the use of the Site or the relationship between you and a Transaction Party and any associated fees; (v) the collection of amounts due and the manner of collection; (vi) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Site or your relationship with the Transaction Party; (vii) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Site or agreement governing the same; or (viii) compliance with applicable laws and/or regulations.

Exceptions to “Dispute”. Notwithstanding any of the foregoing: (i) disputes or controversies about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms of Use or your agreements governing the use of the Site or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; and (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected.

Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms of Use and any agreement governing the use of the Site. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be nal, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

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.

Miscellaneous; Conflicts. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with these Terms of Use, or your agreements governing the use of this Site, or with an arbitration provision in any agreement with a Transaction Party (including, without limitation, any loan agreement), this Arbitration Provision shall govern.

Survival; Severance. This Arbitration Provision shall survive termination of the Site or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms of Use but also to any subsequent agreement (including without limitation any agreement governing the use of the Site or any loan agreement) into which you enter with a Transaction Party. This Arbitration Provision stays in force even if you withdraw your loan application or your application is denied, if any loan obtained by you is repaid in full, if any loan agreement or account is terminated or expires, or in the event of any bankruptcy (if permitted by bankruptcy law). If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Dispute that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim and that determination becomes final after all appeals have been exhausted, the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply, you must send us a signed notice within 30 calendar days of the date on which you electronically submit an application for a product or service offered by a Transaction Party through this site. You must send the notice in writing (and not electronically) to College Ave Student Loans, 233 N. King St., Ste. 400, Wilmington, DE 19801, Attn: Arbitration Opt Out Notice. You must provide your name, address, telephone number, loan or account number, if applicable, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Use or any other agreement governing the Site or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Use and any other agreement governing a Service or with a Transaction Party. Please note that if you enter an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.

Governing Law and Jurisdiction

You agree that your use of the Site and these Terms of Use (excluding the Arbitration Provision) shall be governed by all applicable Federal laws and the laws of the State of Delaware, without giving effect to any principles of conflict of law. You agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the State of Delaware.

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.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms of Use constitute the entire agreement between you and College Ave with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. Except as expressly set forth herein, in the event of a conflict between these Terms of Use and any applicable terms, the terms of these Terms of Use shall govern.

Contact Us

If you have any questions about these Terms of Use, please contact us at: 844-422-7502.

Last Updated On: April 17, 2020