September 3, 2014
Student Financial Aid Services, Inc.
1. General Information
of Use") carefully.
Student Financial Aid Services, Inc.
("SFAS") is a fee-based student aid preparation and advisory service
that assists and educates clients on the financial aid process and provides guidance
and assistance to clients (students and their families) in a variety of related
areas including the total and net costs associated with attending a post secondary
institution, information on how to pay for college and factors that may be relevant
to college selection, as well as preparing and submitting required financial aid
forms including the federal student aid application form (commonly referred to as
the "FAFSA") through a simplified process that may include individual access
to, and guidance from, Student Aid Advisors, assistance with student aid deadline
management, online student financial aid resources, an intuitive, easy-to-use online
FAFSA information gathering service and/or personalized human review of FAFSA applications
for accuracy and the minimization of errors prior to filing.
also helps Clients by providing a complimentary submission service whereby completed
FAFSAs are submitted to the official processor of the Department of Education ("ED").
The following outlines the terms and conditions associated with the use of
SFAS's fee-based student aid preparation and advisory services through the
("Site,") and our client service center ("Client Service Center," and collectively
with the Site and
SFAS's preparation and filing services, the "Services,"). The Services may also comprise non-fee based SFAS offerings, including submission of a FAFSA application to the
official processor of the ED without assistance, guidance, review or any verification services. Your use
of the Services indicates your acknowledgement of and agreement to this Agreement,
This Agreement constitutes a legal agreement between you, the user of the Services,
(or "we" or "us"), a private, for-profit company that is unaffiliated with any government
agency. In order to access and use the Services, you, the user, must accept and
agree to be bound by, without exception, all of the terms, conditions and notices
contained in this Agreement. If you do not accept all of the terms, conditions and
notices as stated in this Agreement, you may not use or access the Services.
You represent to us that you have the ability and the authority to (a) agree to
in connection with the Services. The Services are not intended for use by children.
You represent to us that you are eighteen (18) years of age or older. If you are
under the age of 18, your parent or legal guardian must agree to the terms of this
Agreement on your behalf.
You acknowledge and agree that you must (a) provide for your own access to the World
Wide Web and pay any service fees associated with such access; and (b) provide all
equipment necessary for you to make such connection to the World Wide Web, including
a computer and modem or other access device.
is not affiliated in any way with the ED. You may complete the FAFSA yourself, without
the use of our Services, at no charge by (a) filing a paper FAFSA application available
from the ED; or (b) filing the FAFSA electronically through the ED website at
3. Description of Services; Disclaimers
The foundation of the US student financial aid system is the FAFSA form. Our ability
to advise, assist and/or inform clients on issues associated with either incurring
or paying for college is dependent upon information typically provided as part of
a FAFSA consultation or submission process. FAFSA is the application used by nearly
all educational institutions to determine eligibility for many types of federal,
state, and educational institution-sponsored student aid, including grants, educational
loans, and work-study programs. However, some states and/or educational institutions
may also require additional applications or forms in order for you to be considered
for student aid.
- You acknowledge and agree that any Services provided to you by
are limited consultation regarding the student financial aid process, which may include
estimating the costs of attending a particular college, providing guidance on how
to pay for college, and/or assisting you in preparing your FAFSA application with
the ED. You further acknowledge and agree that you are solely responsible for checking
with your state's and/or educational institution's student aid administrators to
determine their exact student aid policies, procedures, requirements and deadlines,
including individual FAFSA filing deadlines, and for complying with those policies.
- You warrant and represent that all information provided to
SFAS, its agents and employees will be true and correct. You also authorize
SFAS, its agents and employees to discuss all aspects of your student aid application
with educational institution student aid administrators and other state, federal,
and private agency officials involved in the student aid process, as necessary and
appropriate, in compliance with the Federal Rights and Privacy Act ("FERPA").
- You understand and agree that use of the Services does not guarantee that you will
receive student aid either of an amount estimated or unestimated, nor does
directly or indirectly make any representation or offer any guarantee that use of
our Services will result in a student aid award or a student aid award that exceeds
your individual student aid eligibility. Actual student aid eligibility and award
packages are determined by federal and state agencies and the student aid offices
of individual educational institutions, and are beyond
periodically reviews the contents of, or information provided through, the Services
and makes reasonable, "good-faith" efforts to consistently provide users with accurate,
up-to-date information; however,
does not assume liability for loss or damage(s) as a result of user reliance on
the Services. While
believes the information contained on or provided through the Services to be accurate
and factual, it has not been reviewed or approved by the ED, state agencies, lenders,
educational institutions or other entities involved in the student aid industry.
Information contained on or provided through the Services should not be considered
legal, financial, or other professional advice.
- Student aid filing deadlines are subject to change and are beyond
SFAS' control; therefore, while we consistently review our files to keep them
up-to-date and endeavor to help clients meet filing deadlines, we cannot guarantee
the accuracy of FAFSA filing deadlines in our database, nor do we guarantee FAFSA
submissions by any particular date.
- Estimates and planning ranges provided by SFAS either verbally or in reports are
based on historical and current data available from a wide variety of sources and
are based on information that has been provided by you on the FAFSA application.
Estimates should be used as a guide to assist a Student or User in understanding
likely ranges for student aid and in the final selection of an appropriate college.
While all care has been taken to produce estimates that are accurate based on the
information provided to us by you, federal and state agencies, non-profit entities,
and post-secondary institutions are subject to change without notice, potentially
rendering these estimates inaccurate. This information is subject to change based
on a variety of factors, including federal and state legislation changes, federal
and state regulatory changes from administrative agencies (e.g. U.S. Department
of Education and state higher education authorities), changes in Title IV eligibility
at institutions, and/or changes in the financial aid awarding techniques institutions.
- Estimates and planning ranges provided by SFAS either verbally or in reports are
NOT either of the following:
- A guarantee of the type and amount of aid the student is going to receive for any
particular academic year
- A bargaining tool to try and receive a more favorable financial aid award package
from a college or institution
- Furthermore, while the student aid offices of most educational institutions use
the FAFSA "submission date" in determining whether an applicant is considered "on
time," a small percentage use the date on which the FAFSA application is "fully
processed." A "fully processed" FAFSA typically means that the application has been
processed by the federal processor and made available to the student aid office,
and that the applicant has met the signature requirement, either by signing and
returning the signature page or by signing the FAFSA electronically on the ED website
using a Personal Identification Number ("PIN") provided by the ED. The process for
creating, approving and distributing a PIN is managed by the ED.
does not have any control over such process and recommends that clients direct questions
about such process to the ED. You are fully responsible for all activities that
occur in connection with your PIN, and
is not liable for any harm caused or related to the disclosure, theft or misappropriation
of all or any portion of your personal or financial information, or if someone else
uses your PIN through no fault of
SFAS. Accordingly, you should not disclose your PIN to anyone else. Notify
the ED immediately if you become aware of any disclosure, loss, theft or unauthorized
use of your PIN.
- You authorize
on your behalf specifically related to the electronic submission process with the
ED. You also acknowledge and agree that it is your sole responsibility to meet and
with your PIN or signing and returning the signature page for your completed FAFSA
application to the federal processor should we electronically submit it on your
behalf, and for complying with your state's and/or educational institution's student
aid policies, procedures, requirements and deadlines, including individual FAFSA
offers personalized FAFSA review by trained Student Aid Advisors; however, because
we do not independently verify the accuracy of information provided to us by clients,
and because rules and regulations do change, we do not guarantee that all applications
will be error-free or will not be selected by federal, state or applicable educational
institution student aid offices for verification. SFAS does not undertake to confirm the truth,
completeness or accuracy of information supplied by a client; accordingly, errors introduced into a
FAFSA filing attributable to inaccurate, incomplete or incorrect information supplied by a client are solely the responsibility of the client. The verification process is managed
by the federal, state or educational institution student aid offices.
does not have any control over the FAFSA verification process and refers all questions
from clients with respect to such process to the applicable student aid offices. SFAS may also offer free,
direct FAFSA submission services that do not include personalized FAFSA review or consultation. If you participate
in such submission services, SFAS will not provide any review of the quality or completeness of the FAFSA filing, and eligibility for various forms
of student aid may be forfeited, including through compromised deadlines.
- If, at any time prior to submission of a FAFSA application to the official processor
of the ED,
determines that there are potential errors in your FAFSA application that need to
will use commercially reasonable efforts to contact you to request permission to
correct such error. However, if
is unable to contact you after making commercially reasonable efforts to do so and
corrections must be made without delay in order to meet any required deadline for
submission of your FAFSA application, you authorize
to utilize its judgment to make any corrections to the FAFSA application in order
to file it before the deadline.
- Once a FAFSA application is "fully processed",
has no control over such application and cannot make any changes or corrections
to your FAFSA record. You may make changes or corrections to your FAFSA record by
(a) making all necessary corrections in the appropriate boxes located in the middle
of the Student Aid Report that you receive following the submission of the FAFSA
application and submitting the corrected Student Aid Report to the appropriate entity
as designated thereon; (b) contacting the ED by phone, 1.800.433.3243,
solely for the purposes of adding schools and/or changing your address, by using
your data release number ("DRN"), the four-digit number located in the lower-left
corner of your Student Aid Report; or (c) accessing and correcting your FAFSA application
electronically on the ED website (please note that you must obtain a "Confirmation
Stamp" in order for your corrections to be applied to your FAFSA application).
determine that (a)- you have provided inadequate information for the ED to
either accept the submission of your FAFSA, (b)- the quality of the information you
provide to us is inadequate for the ED to fully processed a submitted FAFSA or (c)-
there are outstanding issues or questions relating to the information you have
provided such that it may affect the amount of student aid that you are eligible
to receive, then
may use commercially reasonable efforts to contact you to gather the information
required. You agree to respond to
SFAS's requests for additional information in a prompt and timely manner. However,
is unable to contact you by either email, telephone or mail, or you fail to provide
the information requested in a prompt and timely manner, then
reserves the right to cease providing any additional Services to you.
4. Privacy Statement
Any information provided by you or gathered by us or third parties during any use
herein for reference. We encourage you to periodically read our Privacy
Policy, which may be updated from time to time.
5. Fees, Payments, Billing and Cancellation
The current fees payable to SFAS for your use of the Services are available at
("Fees"). You agree to pay any Fees and any other charges incurred in connection
with your use of the Services (including any applicable taxes, chargeback fees or
bounced check fees) at the rates in effect when the charges were incurred. You agree
to pay any Fees in accordance with one of our payment options as described at
or otherwise in accordance with any applicable payment plan. Except as otherwise specified, Fees will be billed prior to the provision of the Services by SFAS. You agree
to pay all costs of collection of fees due to us, including legal fees, incurred
Clients may select service level options that include automatic annual billing* and access to special
discounted fees for services relating to future student aid applications. If you request one of
these payment options, you expressly agree that we are authorized to charge you a discounted annual fee,
any applicable tax, and any other charges you may incur in connection with your use of our Services.
You will be notified at least 10 days in advance of any billing via an e-mail sent to the address you
supplied upon registration. You will have the opportunity to opt out of additional billing. If your
e-mail address changes, you are responsible for updating your account details in order to receive these
notifications. The subsequent annual fees, as outlined in your chosen pricing package,
will be billed as early as September of each year for the next year’s Services unless and until
you advise us of your desire to cancel our Services. We reserve the right to cancel your service at our discretion,
at any time, without notice to you. We will bill our Services to any credit or electronic check account that you
provided to us in your account profile. We may also use commercially available services to update your credit card details.
*Please note that if there is another FAFSA application available for which you have not applied at the time of purchase, it is possible that you may be billed more than once in a calendar year.
For questions or to cancel our service, please call 866-514-5954.
Effective as of June 17, 2009, if you notify us that you are not satisfied with
the Services within seven (7) days of any billing of our Services, SFAS will issue
you a refund of the Fees paid by you for such Services, less a service charge. The
service charge will be $10.00 if your application has not been reviewed and submitted
to ED or $35.00 if your application has already been reviewed and submitted to the
ED. If for any reason the service charge is greater than the Fees paid by you for
such Services, then SFAS will cancel the application with no refund due to you.
We reserve the right to change our fees at any time. SFAS may change the fees and
charges then in effect, or add new fees or charges, by giving you notice in advance.
If you want to use a different credit card or there is a change in credit card validity
for changing your personal information. You are responsible for any fees or charges
incurred to access the Services through an Internet access provider or other third
We reserve the right to terminate your account for any or no reason.
Except as expressly provided otherwise,
grants you a personal, revocable, non-transferable and non-exclusive license to
display on your computer, print, download and use the underlying HTML, text, audio
clips, video clips and other content that is made available to you on this Site,
for non-commercial, personal or educational purposes only, provided that:
- you do not (and do not allow any third party to) modify or create a derivative work
of any such content; and
- you include with and display on each copy of such content the associated copyright
No other use is permitted. Without limiting the generality of the foregoing, you
- include such content in or with any product that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes
any portion of the Site, use of the Site, or access to the Site;
- establish a frame containing any portion of the Site on any other website or text
document with hyperlink capabilities; or
- copy such content onto your or any other site; and you may not direct any other
person to do any of the foregoing.
You agree not to access the Site by any means other than through the HTML or other
interface that is provided by
for use in accessing the Site.
Notwithstanding the above, nothing contained in this license shall be construed
as conferring any right under any intellectual property of
SFAS, its affiliates or any other person who owns the intellectual property
in the content provided on this Site.
7. Intellectual Property
is the owner and/or authorized user of the Site and any trademark, registered trademark,
service mark and/or other intellectual property appearing at this Site or used in
connection with the Services, and is the copyright owner or licensee of the content
and/or information on this Site, including but not limited to any screens appearing
at the Site. You may not download, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, sell, transfer,
or in any way commercially exploit any of the content, software or services that
are a part of the Site, or infringe upon any copyrights, trademarks or service marks
contained herein, without the express written consent of
SFAS. However, you may print a copy of the information on this Site for your
personal use or records. If you make other use of the Site, except as otherwise
provided above, you may violate copyright and other laws of the United States and
other countries, as well as applicable state laws, and may be subject to penalties.
does not grant any license or other authorization to any user of its trademarks,
registered trademarks, service marks, or other copyrightable material or other intellectual
property, by placing them on this Site. Suggestions or feedback provided by you
SFAS, including without limitation, oral feedback or testimonials (collectively,"Feedback"), shall be the exclusive property of
SFAS, and you hereby irrevocably waive all your rights to all Feedback and assign all such rights to
SFAS. SFAS may display Feedback on its websites and through other media.
8. Member Account; Password and Security
may supply you with a password and account designation upon completing the registration
process for use of the Services. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that occur
under your password and account. You agree to immediately notify
of any unauthorized use of your password or account, or any other breach of security
of which you are aware, and to ensure that you properly log out of your account
at the end of each session.
assumes no liability for any loss or damage arising from your failure to comply
with this section.
- You acknowledge and agree that you may obtain access to documents containing your
personal and/or financial information by using your password to access your account
and that you may download and save such documents or elect to receive such documents
in paper form. You are entirely responsible for all documents that you download
or otherwise obtain via your account. In addition,
is not responsible for the theft of, loss of, or any fraudulent activity related
to any documents, including documents containing your personal or financial information
that are sent to you by United States Postal Service or private package delivery
service at your request.
9. Use of Interactive Components of the Site
The Site may contain functionality that enables live support and/or instant messaging
for users to obtain support from a
representative (collectively, "Site Forums"). Any Site Forums may be unavailable at times. We do
not warrant or ensure the continuous availability of any Site Forums.
10. User Content
Other than personal and financial information that you provide in connection with
your FAFSA application ("FAFSA Data"), which shall be treated in accordance with
an unrestricted, irrevocable and non-exclusive right to use, reproduce, modify,
distribute, publicly display, publicly perform and transmit all non-FAFSA Data,
content and material uploaded, posted or otherwise provided by you through use of
the Site, including but not limited to comments, ideas for new products or services,
and feedback and suggestions regarding the Site. You are responsible for the content
of that material.
does not have any responsibility for content, including the content of any messages
or information posted or provided by you or users of the Services, or for the content
of information accessible via direct or indirect hyperlinks from the Site. However,
retains the right, which it may or may not exercise in its sole discretion, to review,
edit, or delete content that
deems to be illegal, offensive, in violation of these terms and conditions or otherwise
inappropriate. No compensation, unless explicitly noted, will be paid with respect
to the use of any information, content or material that you upload, post, transmit
or otherwise make available through this Site.
11. User Conduct
As a condition of your use of the Services, you agree (a) to abide by all applicable
local, state, national, and international laws and regulations in your use of the
Services; (b) not to impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; (c) not to use the Services
for any purpose that is unlawful or contrary to this Agreement; (d) not to use the
Services, or any portion thereof, in any manner that could damage, disable, overburden,
or impair the Services or interfere with any other party's use and employment of
the Services; (e) not to attempt to gain unauthorized access to any databases, information,
computer systems, or network associated with
SFAS; (f) not to obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Services;
and (g) not to post, upload, provide access to, or transmit material that (i) is
libelous, defamatory, obscene, child pornography, fraudulent, harmful, threatening,
abusive or hateful, or that violates the property rights of others (including, without
limitation, infringing use of a copyright or trademark right); (ii) violates the
privacy or publicity right of others; or (iii) is in violation of any applicable
has no obligation to monitor the Services. However, you acknowledge and agree that
has the right to monitor the Services from time to time and to disclose any information
as necessary or appropriate to satisfy any law, regulation or other governmental
request, to operate the Services properly, or to protect itself or its clients.
reserves the right to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, inappropriate or in
You acknowledge and agree that
may deny you access to all or part of the Services without prior notice if you engage
in any conduct or activities that
SFAS, in its sole discretion, believes violate any of the terms and conditions,
violate the rights of
SFAS, or are otherwise inappropriate for continued access.
You acknowledge and agree that
may, in its sole discretion, deny you access through the Site to any materials stored
on the Internet, or to access third-party services, merchandise or information on
the Internet, and
shall have no responsibility to notify any third-party providers of services, merchandise
or information, nor any responsibility for any consequences resulting from lack
13. Third Party Sites
may provide links to other sites or resources. You acknowledge and agree that
is not responsible for the accuracy or availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You agree
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, products or services available on such external sites or resources.
14. Disclaimer of Warranties
By using the Services, including any applets, software, and content contained on
the Site, you agree that use of the Services is entirely at your own risk. In no
be responsible for the correctness of the Services, and no statement made by a representative
or through the Services or elsewhere — expressed or implied — shall
be deemed such as a guarantee, warranty or representation of liability. THE SERVICES
ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, SERVICES OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO (a) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE INFORMATION
OR SERVICES; AND (b) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.
MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED
THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY INFORMATION
OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH INFORMATION OR DOCUMENTS.
15. Limitation of Liability
NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR CONTENT OR
SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY,
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SFAS' LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED
TO THE AMOUNT OF FEES COLLECTED BY
FROM YOU IN ACCORDANCE WITH THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless
and its affiliates and their licensors, agents, officers, employees and contractors
for any and all claims, losses, damages, liabilities, costs, and expenses (including
reasonable attorney fees) which arise out of, are connected with or directly relate
to (a) your use of the Services; (b) any breach of any obligation, representation
or warranty made by you in this Agreement; or (c) the preparation and electronic
submission of financial information filed with any government entity, educational
institution, or private or non-profit agency utilized to ascertain financial assistance,
including the failure of
to complete or properly transmit the FAFSA application.
may update and/or change the terms, conditions, and notices contained in the Terms
of Use to reflect changes in the Services offered, changes in applicable laws, or
are a registered user of our Services, we may notify you about material
changes using the most current e-mail address you provided to us, or if no e-mail
address is available, we may contact you by postal mail. Your continued use of the
Services after any such change shall constitute your consent to, and agreement to
18. Modification to Services
reserves the right, at its discretion, to change, modify, terminate or suspend any
and any changes, modifications or amendments thereto on the Site. We may also impose
limits on certain features of the Site or restrict your or any third party's access
to part or the entire Site for any reason (including, without limitation, your breach
and agree that we will not be liable to you or any third party in the event that
we exercise our right to modify or terminate access to the Site (or portions of
the Site). You, the user, understand that
has the right to make these changes and that you are responsible for regularly reviewing
after any such change shall constitute your consent to, and agreement to be bound
by any such changes.
Notices by the parties shall be provided in writing. You agree that if you have
provided us with an e-mail address for you, we may provide any written notices to
you in electronic form via an e-mail to you. You are responsible for notifying us
if your e-mail address changes. If you have not provided us with an e-mail address,
we may provide such notices to the postal address you specified. You may submit
notices to us at our e-mail address,
. Notices sent by e-mail shall be deemed given forty-eight (48) hours after the
e-mail is sent, unless the sending party is notified that the e-mail address is
invalid. Alternatively, you may send notices to us by regular mail, with postage
prepaid, to the
address provided below.
may also broadcast notices or other matters of importance on this Site; such broadcasts
shall constitute notice to you.
You shall not assign or otherwise transfer or delegate or subcontract any of your
rights or obligations under this Agreement, in whole or in part, without
SFAS' prior written consent, such consent not to be unreasonably withheld.
Any attempted transfer or delegation by you without
SFAS's consent will be void. SFAS shall have the right to transfer, delegate and/or subcontract its rights and/or obligations under this Agreement
to any acquirer, successor-in-interest, affiliate, subcontractor, or in order to comply with laws, rules, regulations or court orders.
benefit of each party's successors and permitted assigns.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Delaware, without regard to its conflict of law provisions. Any cause
of action with respect to this Agreement and your rights and obligations must be
submitted for arbitration, pursuant to Section 22, within one (1) year after the
cause of action; otherwise, the cause shall be barred, provided that either party
may seek injunctive or equitable relief in any court of competent jurisdiction.
Nothing contained in this Agreement shall be deemed to constitute either party as
the agent or representative of the other party, or both parties as joint venturers
or partners for any purpose.
that may be posted from time to time by
on the Site, and any modifications to the foregoing constitute the entire agreement
between you and
and supersede all prior or contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and
with respect to the Services associated with it. In the event of any conflict between
foreign laws, rules and regulations and those of the United States, the laws, rules
and regulations of the United States shall govern. The United Nations Convention
on Contracts for the International Sale of Goods will not apply to these Terms.
The failure of
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected
force and effect. A printed version of this Agreement and of any notice given in
electronic form shall 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
Sections 1 - 7, 14 - 16 and 19 - 25, as well as any other provisions intended by their nature to continue, shall survive termination of these Terms
All disputes, controversies or claims arising out of or relating to these Terms
of Use will be resolved through binding arbitration conducted in Sacramento, California,
in accordance with: (i) the Federal Arbitration Act; (ii) the then-current commercial
arbitration rules of the American Arbitration Association (the "AAA"); and (iii)
event of any inconsistency between such terms and the AAA rules. The arbitration
will be conducted by a single arbitrator reasonably familiar with the technology
parties. If the parties fail to select an arbitrator within thirty (30) days following
the date of either party's notice of demand to conduct arbitration, then the AAA
will appoint an arbitrator in accordance with its rules. The award of the arbitrator
will be in writing, setting forth findings of fact and conclusions of law. Judgment
on the arbitrator's award will be final and binding upon the parties and may be
entered in any court having jurisdiction thereof. The arbitrator's fees will be
shared equally by the parties, and each party will bear its own costs and attorneys'
fees. All papers, documents, or evidence, whether written or oral, filed with or
presented in connection with the arbitration proceeding will be deemed by the parties
and by the arbitrator to be confidential information.
23. Void Where Prohibited
administers and operates the Services from its location in the United States. Although
the Services are accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Services are available to all
persons or in all geographic locations, or are appropriate or available for use
outside the United States.
reserves the right, in its sole discretion, to limit the provision and quantity
of any feature, product or service to any person or geographic area. Any offer for
any feature, product or service made on or through the Services is void where prohibited.
If you choose to access the Services from outside the United States, you are solely
responsible for complying with all laws applicable thereto. You may not access,
download, use or export the Site or the Content in violation of U.S. export laws
or regulations, or in violation of any other applicable laws or regulations.
You acknowledge (a) that you have read and understood this Agreement; and (b) that
this Agreement has the same force and effect as a signed agreement.
25. Contact Information