ACADEMIC FUNDING CORP.
TERMS OF SERVICE
Effective Date: March 6, 2017
TERMS OF SERVICE
Effective Date: March 6, 2017
1. User’s Acknowledgment and Acceptance of Terms
Academic Funding Corp. (“AFC,” “we,” “us,” or “our”) provides the www.academicfundingcorp.com website and the TuitionBridges SaaS platform and related services (collectively, the “Platform” or “Site”) to you, the user, subject to your compliance with these Terms of Service (“Terms”), as well as any other written agreement between AFC and you.
BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE PLATFORM IMMEDIATELY.
Your sole remedy for dissatisfaction with the Platform is to stop using it.
These Terms are effective as of the date posted above. We reserve the right to modify these Terms at any time. Your continued use of the Platform after any changes constitutes acceptance of the modified Terms.
2. Description of Services and AFC’s Limited Role
AFC provides a software-as-a-service (SaaS) platform that enables educational institutions to originate, manage, and administer education financing contracts and related programs.
Critical Disclaimers Regarding AFC’s Role:
- AFC is not a lender, creditor, loan originator, underwriter, or loan servicer.
- AFC does not perform underwriting, make credit decisions, verify borrower information, assess ability to repay, or determine borrower eligibility.
- AFC does not guarantee or ensure compliance with any federal, state, or local lending, consumer protection, licensing, disclosure, or regulatory laws.
- All responsibility for compliance with applicable laws, underwriting decisions, contract formation, disclosures, and interactions with borrowers rests solely and exclusively with the educational institution using the Platform.
3. Independent Contractor and No Alter Ego Status: AFC is an independent contractor. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between AFC and you.
You acknowledge and agree that any officer, director, shareholder, employee, or agent of AFC is acting solely in their official capacity as a representative of AFC and is not the alter ego of AFC. The parties intend that the corporate form of AFC be respected. No individual associated with AFC shall be treated as the alter ego of AFC absent a final, non-appealable judicial determination that all elements of NRS 78.747 have been satisfied.
4. No Personal Liability
No officer, director, shareholder, employee, or agent of AFC shall have any personal liability for any obligation, debt, claim, or liability of AFC arising under these Terms or otherwise. Any claim against AFC must be brought solely against AFC in its corporate capacity.
5. Relationship to Other Agreements
Your use of the Platform is also governed by any separate written agreements between you and AFC, including any Receivables Purchase Agreement (RPA), Program Administrator Agreement (PAA), or Letter of Intent (LOI). In the event of any conflict between these Terms and such separate agreements, the terms of the separate agreements shall control.
6. Registration Data and Privacy
To access certain features of the Platform, you may be required to register and provide information (“Registration Data”). You agree that all Registration Data is true, accurate, and complete, and that you will keep it current.
Your use of the Platform and any information collected is subject to our Privacy Policy, which is incorporated by reference into these Terms.
7. Conduct on the Platform
You are solely responsible for the content you post or submit. You agree not to upload, post, or transmit any content that:
- Is unlawful, threatening, abusive, harassing, defamatory, or fraudulent;
- Infringes on any third party’s intellectual property or privacy rights;
- Contains viruses or malicious code;
- Constitutes spam or unauthorized solicitation; or
- Violates any applicable law or these Terms.
We reserve the right to remove any content that violates these Terms and to terminate accounts that engage in prohibited conduct.
SaaS Platform Terms of Use: https://www.academicfundingcorp.com/saas-platform-terms-of-use/
8. User Responsibilities and Warranties
You represent, warrant, and agree that:
- All information, data, and certifications you submit through the Platform are true, accurate, and complete.
- You will not make any false, misleading, deceptive, or fraudulent statements or representations in connection with your use of the Platform or any contracts originated through it.
- You are solely responsible for all underwriting, ability-to-repay analysis, disclosures, and compliance with applicable laws (including lending and consumer protection laws).
- You will not use the Platform for any unlawful purpose or in violation of these Terms.
9. Third Party Sites and Information
The Platform may contain links to third-party websites. AFC is not responsible for the content, accuracy, or practices of any third-party sites. Inclusion of a link does not imply endorsement.
10. Intellectual Property Information
All content, software, technology, graphics, and materials on the Platform are owned by AFC or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, modify, distribute, or create derivative works from any content on the Platform without AFC’s prior written permission.
11. Unauthorized Use of Materials and DMCA Policy
If you believe that content on the Platform infringes your copyright, please send a notification to our Designated Agent:
Designated Agent for Copyright Claims
Academic Funding Corp.
Email: kerrie@academicfundingcorp.com
Academic Funding Corp.
Email: kerrie@academicfundingcorp.com
Your notification must include the information required under the Digital Millennium Copyright Act (DMCA).
12. Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
AFC does not warrant that the Platform will be uninterrupted, secure, or error-free, or that results obtained through the Platform will be accurate or reliable.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY.
AFC’s total aggregate liability for all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the total fees paid by you to AFC during the twelve (12) months immediately preceding the claim.
14. Indemnification
You agree to defend, indemnify, and hold harmless AFC and its officers, directors, shareholders, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Platform;
- Any contracts or transactions originated through the Platform;
- Your violation of these Terms or applicable law;
- Any failure by you to comply with lending, consumer protection, or regulatory requirements; or
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Any false, misleading, deceptive, or fraudulent representations or certifications made by you or on your behalf;
- Any claim arising from your content or conduct.
- Your violation of these Terms or any applicable law (including lending and consumer protection laws); or
- Any claim arising from your content or conduct.
15. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify AFC immediately of any unauthorized use of your account.
16. International Use
The Platform is controlled and operated from the United States. You are responsible for compliance with local laws if you access the Platform from outside the United States.16. Termination of Use
AFC may terminate or suspend your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Platform immediately ceases.
17. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. Any legal action arising under these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada.
18. Notices
All notices to AFC shall be in writing and sent to:
Academic Funding Corp.
Email: kerrie@academicfundingcorp.com
Email: kerrie@academicfundingcorp.com
Notices to you may be sent to the email or address associated with your account.
19. Entire Agreement
These Terms, together with any applicable separate agreements (including any NDA’S, LOI, RPA or PAA), constitute the entire agreement between the parties and supersede all prior agreements. These Terms may not be modified except in a writing signed by both parties.
20. Confidentiality, Non-Disclosure, and Intellectual Property Protection
Access to the TuitionBridges SaaS Platform, including any login credentials or passwords, is provided to you only after you have executed the Non-Disclosure Agreements, Letter of Intent, Receivables Purchase Agreement, and Program Administrator Agreement with Academic Funding Corp. (“AFC”) or its affiliates. By accepting and using any such login credentials or passwords, or by accessing or using the Platform in any manner, you acknowledge and agree that you are bound by the confidentiality, non-disclosure, and intellectual property obligations set forth in this Section, in addition to the obligations contained in the agreements you have already executed.
A. Proprietary Nature of the Platform
The entire TuitionBridges SaaS Platform, including all software, source code, object code, algorithms, formulas, financial models, pricing structures, discount methodologies, disbursement calculations, contract structures, data processing systems, report formats, user interfaces, documentation, and any other materials, data, or information made available through the Platform (collectively, the “Platform IP”), constitutes the exclusive proprietary intellectual property and trade secrets of Academic Funding Corp. The Platform IP is protected under applicable trade secret laws and is not licensed or provided for any purpose other than your authorized internal use of the Platform in accordance with the agreements you have executed and these Terms.
The entire TuitionBridges SaaS Platform, including all software, source code, object code, algorithms, formulas, financial models, pricing structures, discount methodologies, disbursement calculations, contract structures, data processing systems, report formats, user interfaces, documentation, and any other materials, data, or information made available through the Platform (collectively, the “Platform IP”), constitutes the exclusive proprietary intellectual property and trade secrets of Academic Funding Corp. The Platform IP is protected under applicable trade secret laws and is not licensed or provided for any purpose other than your authorized internal use of the Platform in accordance with the agreements you have executed and these Terms.
B. Trade Secrets and Confidential Information
You acknowledge that the Platform IP contains valuable trade secrets and confidential and proprietary information of AFC. This includes, without limitation, proprietary financial models, contract origination structures, pricing and disbursement methodologies, and operational systems that are not generally known to the public and that derive independent economic value from remaining confidential. You agree to maintain the strict confidentiality of all such information and to implement all reasonable safeguards to prevent unauthorized access, use, or disclosure.
You acknowledge that the Platform IP contains valuable trade secrets and confidential and proprietary information of AFC. This includes, without limitation, proprietary financial models, contract origination structures, pricing and disbursement methodologies, and operational systems that are not generally known to the public and that derive independent economic value from remaining confidential. You agree to maintain the strict confidentiality of all such information and to implement all reasonable safeguards to prevent unauthorized access, use, or disclosure.
C. Restrictions
You shall not, and shall not permit any third party to:
(a) copy, reproduce, modify, distribute, display, or create derivative works based on any portion of the Platform IP;
(b) reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, or structure of the Platform;
(c) disclose, publish, or otherwise make available any Confidential Information or trade secrets to any third party;
(d) use the Platform IP for any purpose other than your authorized use under the executed agreements; or
(e) share, transfer, or allow any unauthorized person or entity to access the Platform using your login credentials.
You shall not, and shall not permit any third party to:
(a) copy, reproduce, modify, distribute, display, or create derivative works based on any portion of the Platform IP;
(b) reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, or structure of the Platform;
(c) disclose, publish, or otherwise make available any Confidential Information or trade secrets to any third party;
(d) use the Platform IP for any purpose other than your authorized use under the executed agreements; or
(e) share, transfer, or allow any unauthorized person or entity to access the Platform using your login credentials.
D. Agreement Upon Access
Your acceptance and use of any login credentials, password, or access to the Platform constitutes your binding agreement to comply with all confidentiality and intellectual property obligations contained in this Section and in the Non-Disclosure Agreements, Receivables Purchase Agreement, and Program Administrator Agreement previously executed by you. This agreement is effective upon your first login or use of the Platform.
Your acceptance and use of any login credentials, password, or access to the Platform constitutes your binding agreement to comply with all confidentiality and intellectual property obligations contained in this Section and in the Non-Disclosure Agreements, Receivables Purchase Agreement, and Program Administrator Agreement previously executed by you. This agreement is effective upon your first login or use of the Platform.
E. Remedies for Breach
You acknowledge that any actual or threatened breach of this Section may result in irreparable harm to AFC for which monetary damages would be an inadequate remedy. AFC shall therefore be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies to prevent or remedy any breach, without the necessity of proving actual damages or posting a bond. You further agree to indemnify and hold harmless AFC and its officers, directors, shareholders, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Section.
You acknowledge that any actual or threatened breach of this Section may result in irreparable harm to AFC for which monetary damages would be an inadequate remedy. AFC shall therefore be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies to prevent or remedy any breach, without the necessity of proving actual damages or posting a bond. You further agree to indemnify and hold harmless AFC and its officers, directors, shareholders, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of this Section.
F. Survival
The obligations set forth in this Section shall survive the termination or expiration of your access to the Platform, these Terms, and any other agreement between you and AFC.
The obligations set forth in this Section shall survive the termination or expiration of your access to the Platform, these Terms, and any other agreement between you and AFC.
21. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force. No waiver of any provision shall be effective unless in writing. You may not assign these Terms without AFC’s prior written consent. AFC may assign these Terms freely.
22. Contact Information
Academic Funding Corp.
Email: kerrie@academicfundingcorp.com
Email: kerrie@academicfundingcorp.com