TERMS & CONDITIONS
ResumeEdge is a service of Nelnet, Inc. By visiting or buying services at www.resumeedge.com or using ResumeEdge products and services, you agree to these terms and conditions and the general TERMS OF USE of our website. Please read them carefully. Your use of this website and any ResumeEdge product or service is also subject to our PRIVACY POLICY and any additional conditions specific to that product or service.
YOUR RESUME
We will never share, sell, redisclose, or otherwise use your personally identifiable information other than to provide you the services you have requested. We do reserve the right to utilize format, style, and general appearance of finalized resumes and to modify resumes, cover letters, social media profiles (which would always include removing personally identifiable information) to promote or explain our products and services.
By purchasing a service from our site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to edit, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, and display such content, minus any personally identifiable information. By posting, you represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify us for all claims resulting from content you supply. We assume no responsibility or liability for any content posted or submitted by you or any other third party. Please note, ResumeEdge does not guarantee interviews or jobs.
TESTIMONIAL SUBMISSION
If you submit a testimonial to us, you agree, give permission and grant any necessary license to us to use it, but you agree we are under no obligation to use any testimonial submitted. We may use testimonials in whole or in part, but in any use, will identify you only by first name, last initial, city and state. We reserve the right to review, correct grammatical or typing errors, and edit or summarize testimonials prior to use. If you do not agree with any of these conditions, do not submit a testimonial to us.
SATISFACTION GUARANTEE
We are committed to providing you with a professionally written resume that meets all industry standards set forth by the Professional Association of Resume Writers (PARW) and ResumeEdge’s own standards of excellence. If you are not satisfied with the service you receive, please let us know and we will work to address your concern.
REFUND POLICY
Effective as of 10/3/2014
If you’re unsatisfied with your order, please contact a customer service representative who will assign you to a new writer to better meet your needs. We do not offer cancellations or refunds unless otherwise agreed at our sole discretion. All refunds granted in the sole discretion of ResumeEdge will be charged a refund fee of 15% the purchase price. Service fees are non-refundable. Refunds or reassignment will not be granted after 30 days following the order completion date.
TERMS OF USE FOR RESUMEEDGE WEB SITES
Please read carefully before using this website.
ResumeEdge is a Nelnet service. These Terms of Use apply unless other Terms are provided with your purchase of ResumeEdge products and/or services.
Welcome to this website (the “Site”) of Nelnet, Inc. and its affiliates (collectively “Nelnet”). Access to and use of the Site are subject to these terms and conditions (“Terms”) and all applicable laws. By accessing any areas of the Site, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Site. Nelnet may revise these Terms from time to time by updating this web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site. Nelnet may also change, move portions of, delete portions of, or add to the Site from time to time.
COMMUNICATIONS WITH US
Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to Nelnet via the Site or Internet electronic mail, is the exclusive property of Nelnet and is not confidential. NELNET CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO NELNET. Unless otherwise stated, Nelnet is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to Nelnet and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules). If you use our loan calculators, the estimates given may differ from the actual amounts. All interest rates and repayment matters are determined by you and your lender.
It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
If you use this Site in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.
Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from Nelnet has been granted. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial), or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to Nelnet that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Nelnet reserves the right to delete any such material from the Site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Nelnet. You further agree not to use an inappropriate user name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to Nelnet’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address, and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Nelnet’s agent for notice of claims of copyright infringement on the Site is:
Nelnet Legal Department
3015 S. Parker Road, Suite 400
Aurora, CO 80014
ATTN: Copyrights
Upon receipt by Nelnet of notice of claimed copyright infringement containing the information specified above, Nelnet will promptly remove the allegedly infringing material from the Site. Nelnet shall have no liability to any user of the Site for the removal of any such material.
WARRANTY DISCLAIMER
THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. NELNET EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. NELNET MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. NELNET USES REASONABLE EFFORTS TO INCLUDE ACCURATE, AND UP-TO-DATE INFORMATION ON THE SITE. NELNET IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS.
LIMITATION OF LIABILITY
BY USING THE SITE, YOU AGREE THAT NELNET WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NELNET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold Nelnet harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
COPYRIGHTS, TRADEMARKS, AND SERVICEMARKS
The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright 2012 Nelnet, Inc. and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the property of Nelnet or its third party licensors. By making this Content available on the Site, Nelnet is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of Nelnet or its third party licensors. Unauthorized use is prohibited.
You agree not to remove copyright, trademark, or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of Nelnet except for your individual use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.
EXTERNAL LINKS
To the extent links are provided from the Site to other websites that are not managed by Nelnet, Nelnet does not operate or control any information, products, or services on, nor endorse nor approve any products, services, or information offered at those sites.
REMEDIES
In the event that Nelnet determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Nelnet may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Nelnet deems to be appropriate.
TERMINATION
These Terms are effective unless and until terminated by Nelnet. Nelnet may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
LAW THAT GOVERNS THE SITE
Information on the Site includes descriptions of products and services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Nebraska, Lancaster County. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.
ENTIRE AGREEMENT
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.
RESUMEEDGE BUILDER TERMS & CONDITIONS
Builder is a service of Nelnet, Inc. By visiting or buying services at www.ResumeEdge.com or using Builder products and services, you agree to these terms and conditions and the general terms of use of our website. Please read them carefully. Your use of this website and any Builder product or service is also subject to our privacy policy and any additional conditions specific to that product or service.
YOUR RESUME
We will not share, sell, redisclose, or otherwise use your personally identifiable information other than to provide you the services you have requested or as required by law. We do reserve the right to utilize format, style, and general appearance of finalized resumes.
By purchasing a service from our site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to edit, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, and display such content, minus any personally identifiable information. By posting, you represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify us for all claims resulting from content you supply. We assume no responsibility or liability for any content posted or submitted by you or any other third party. Please note, Builder does not guarantee interviews or jobs.
ORIGINAL PAYMENT TERMS:
You will honor any payment obligations for products/services purchased on the site. For any recurring charges, you agree that third-parties working on our behalf may store your payment information to process the payments you had agreed to make. Your use of the third-party payment service will be subject to that third party’s Terms and privacy policy. Builder will not be responsible or liable for the third party payment service website or any acts or omissions by the third-party.
By signing up for our services with recurring billing, you are agreeing to the billing. If the payment method used reaches its expiration date and you do not update your payment information or cancel your account, you authorize us to continue billing the payment method used and you will remain responsible for any and all uncollected amounts. You’re obligated to pay fees through the end of the subscriptions. Builder does not offer refunds. You will pay for the service term ahead of cycle. If you would like to cancel our service, you will need to cancel online before your subscription bill date. This applies to our 7 day service, month to month and yearly subscriptions. If you cancel the service and have time left in your billing cycle, you will still have access to your account until the cycle expires. You acknowledge that all services purchased are subject to these terms and any additional terms related to the provision of products and services
PAYMENTS
By purchasing a product or service made available through Builder, you agree to pay the fees associated with the transaction, including any taxes that may be applicable to your purchase in advance. Payments for month-to-month subscribers will be charged in advance. Charges for monthly or annual subscriptions will continue until you cancel the subscription, prior to the expiration of the then-current paid term. Unless the subscription is canceled, the term will automatically renew for subsequent periods of the same length as the initial term. If you purchased a 7-day trial offer, the offer will automatically roll into a monthly fee if you do not cancel before trial ends.
Please note, we do not offer refunds or exchanges once a purchase is made. If you would like to cancel, online https://www.resumeedge.com/customer/cancel.
CANCELING YOUR SUBSCRIPTION
If you purchased a monthly or annual subscription and decide to cancel your subscription, we will suspend your account and retain your information for 90 days. After 90 days your account will be deleted, at which point you will no longer be able to access your account information. For customers who purchased a 7-day offer and canceled, your account will be automatically deleted at the end of the offer period. Please note, upon the deletion of your account, you will lose all saved work and login credentials (including usernames and passwords) – if you renew your subscription, you will start the process as a new customer. As a reminder, deactivating your account will stop all services, but will not entitle you to a refund of any fees paid.
TESTIMONIAL SUBMISSION
If you submit a testimonial to us, you agree, give permission and grant any necessary license to us to use it, but you agree we are under no obligation to use any testimonial submitted. We may use testimonials in whole or in part, but in any use, will identify you only by first name, last initial, city and state. We reserve the right to review, correct grammatical or typing errors, and edit or summarize testimonials prior to use. If you do not agree with any of these conditions, do not submit a testimonial to us.
TERMS OF USE FOR BUILDER WEB SITES
Please read carefully before using this website.
Builder is a Nelnet service. These Terms of Use apply unless other Terms are provided with your purchase of Builder products and/or services.
Welcome to this website (the “Site”) of Nelnet, Inc. and its affiliates (collectively “Nelnet”). Access to and use of the Site are subject to these terms and conditions (“Terms”) and all applicable laws. By accessing any areas of the Site, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Site. Nelnet may revise these Terms from time to time by updating this web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site. Nelnet may also change, move portions of, delete portions of, or add to the Site from time to time.
COMMUNICATIONS WITH US
Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to Nelnet via the Site or Internet electronic mail, is the exclusive property of Nelnet and is not confidential. NELNET CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO NELNET. Unless otherwise stated, Nelnet is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to Nelnet and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules). If you use our loan calculators, the estimates given may differ from the actual amounts. All interest rates and repayment matters are determined by you and your lender.
It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy (the “Privacy Policy”), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
If you use this Site in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.
Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from Nelnet has been granted. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial), or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to Nelnet that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Nelnet reserves the right to delete any such material from the Site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Nelnet. You further agree not to use an inappropriate user name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to Nelnet’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address, and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Nelnet’s agent for notice of claims of copyright infringement on the Site is:
Nelnet Legal Department
121 S. 13th Street
Lincoln, NE 68508
ATTN: Copyrights
Upon receipt by Nelnet of notice of claimed copyright infringement containing the information specified above, Nelnet will promptly remove the allegedly infringing material from the Site. Nelnet shall have no liability to any user of the Site for the removal of any such material.
WARRANTY DISCLAIMER
THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. NELNET EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. NELNET MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. NELNET USES REASONABLE EFFORTS TO INCLUDE ACCURATE, AND UP-TO-DATE INFORMATION ON THE SITE. NELNET IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS.
LIMITATION OF LIABILITY
BY USING THE SITE, YOU AGREE THAT NELNET WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NELNET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold Nelnet harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
COPYRIGHTS, TRADEMARKS, AND SERVICEMARKS
The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright 2016 Nelnet, Inc. and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the property of Nelnet or its third party licensors. By making this Content available on the Site, Nelnet is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of Nelnet or its third party licensors. Unauthorized use is prohibited.
You agree not to remove copyright, trademark, or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of Nelnet except for your individual use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.
EXTERNAL LINKS
To the extent links are provided from the Site to other websites that are not managed by Nelnet, Nelnet does not operate or control any information, products, or services on, nor endorse nor approve any products, services, or information offered at those sites.
REMEDIES
In the event that Nelnet determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Nelnet may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Nelnet deems to be appropriate.
TERMINATION
These Terms are effective unless and until terminated by Nelnet. Nelnet may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
LAW THAT GOVERNS THE SITE
Information on the Site includes descriptions of products and services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Nebraska, Lancaster County. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.
ENTIRE AGREEMENT
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.
SPECIAL NOTICE FOR NEW JERSEY USERS,
BY USING THIS WEBSITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE NELNET, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST NELNET FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF NELNET AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.