Private Student Loans 1.800.2COLLEGE®

College Loan Corporation Website Terms of Use

Last Modified: October 6, 2015

1. Accepting College Loan Corporation’s Terms of Use

College Loan Corporation (“CLC," "we," "us," "our"), a Nevada corporation, operates certain websites, including but not limited to the following:

  • 18002college.com
  • Studentcapital.net
  • Collegeloancorp.com
  • Collegeloan.com

CLC delivers content to you through one of its websites (the "Website") subject to the following Terms of Use. By accessing, visiting, browsing, using or attempting to interact with any part of this Website you agree to these Terms of Use. If you do not agree to any of the terms and conditions of these Terms of Use, please exit the website now.

2. Privacy Policy

As a condition for using the Website, you agree that you have read, understood and accept CLC’s Privacy Policy, which may be updated from time to time.

3. Changes to CLC’s Terms of Use

We reserve the right to modify these Terms of Use at any time and in our sole discretion without prior notice. We may post or display notices of changes to the Term of Use on the Website. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, your sole recourse shall be to cease accessing the Website. Any access of the Website after any changes to our Terms of Use constitutes conclusive evidence of your acknowledgement of the modification to these Terms of Use and your agreement to be bound by such change(s).

4. Third-Party Links and Content

The Website may contain links to third-party websites or applications that are not owned, controlled or maintained by CLC. CLC has no control over, and assumes no responsibility for the products, services, content, privacy policies or practices of any third-party website or application. In addition, CLC is unable and unwilling to censor or edit the content of any third-party website or application. By accessing and using the Services, you expressly relieve CLC from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policy of each website or application that you access or use. If you decide to access any other websites or applications linked to or from our Website, you do so entirely at your own risk. Any questions, complaints, or claims related to any product or service provided by a third-party on the Website should be directed to the applicable third-party.

The Website may display some content which is not CLC’s. This content is the sole responsibility of the individual or entity that makes the content available.

5. Proprietary Rights to Content, Trademarks, Logos and Tradenames

You agree that title, ownership rights, and other intellectual property and proprietary rights regarding content the Website shall remain in CLCs and/or its licensors and suppliers. You acknowledge that the content of this Website - including but not limited to text, sound, photographs, graphics, software or other material contained in CLC electronic mail communications, services or software - is copyrighted by CLC and/or its licensors and suppliers under United States copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by CLC or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of CLC and its applicable licensors or suppliers. You must abide by all copyright notices, information, or restrictions contained in or attached to any such content. You may use CLC’s content only as expressly authorized by CLC.

The trademarks, service marks, logos and trade names displayed on the Website (collectively, the “Marks”) are the registered and unregistered trademarks of CLC and others. The Marks owned by CLC, whether registered or unregistered, may not be used in connection with any product or service that is not CLC’s. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of CLC Marks inures to CLC’s benefit.

6. Digital Millennium Copyright Act

CLC responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information).

A. Notification

If you are a copyright owner or an agent thereof and believe that any CLC content infringes upon your copyright, you may submit a written notification pursuant to the DMCA by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that I allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by the notification, a representative list of such works on the Website: (iii) a description of the location on the Website of the allegedly infringed material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the matter complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

CLC’s designated Copyright Agent for notice of claims of infringement is:

Russ Theriault
College Loan Corporation
10000 W. Charleston Blvd., Suite 200
Las Vegas, NV 89135

Email: rtheriault@collegeloan.com
Telephone: (702) 777-8405
Fax: (702) 777-8850

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CLC’s customer service at loans@collegeloan.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Termination of Repeat Offenders

In accordance with the DMCA and other applicable law, CLC shall, in appropriate circumstances, terminate access, at CLC’s sole discretion, of any general user that CLC finds to be a repeat infringer of other copyrights. CLC may also, in its sole discretion, limit or fully terminate access to the Website of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.

7. Children's Online Privacy Protection Notice

This Website is not directed or otherwise promoted for use by children under the age of thirteen (13). CLC does not knowingly collect, maintain or use personal information from our websites about children under age 13. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents or seek parental consent, and will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of 13. We are not, however, responsible for the collection and use of information by companies or individuals unaffiliated with us whose websites may contain links to ours. Because we do not collect any personally identifiable information from children under the age of 13, we also do not knowingly distribute such information to third-parties. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information via our site.

8. Website Visitor Conduct

You agree not to use any website with CLC service marks or this Website to: (i) violate any local, state, national or international law; (ii) stalk, harass, or harm another individual; (iii) collect or store personal data about other Website visitors; (iv) interfere with, disrupt or violate these Terms of Use; (v) attempt to gain unauthorized access to CLC’s or other’s computer systems or networks; (vi) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; or (vii) use the Website to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.

You may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Website or any part thereof, in order to (i) build a competitive product, service, or Website; (ii) build a product using similar ideas, features, functions, or graphics of the Website; (iii) remove, change or replace any of CLC’s trademarks, logos, copyrights, or any other branding elements; (iv) hide, obscure, disable, or otherwise render inoperable any portion of the User interface including, but not limited to, the display of advertisements and promotions within the Website; or (v) copy any content, ideas, features, functions, or graphics of the Website. In addition, you may not use any meta-tags or any other "hidden text" using CLC’s name or other trademark or service mark, nor any CLC logo or other proprietary graphic or service mark as part of a link, without the express written consent of CLC.

You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Additionally, you may not take any action that imposes, or may impose (as judged by CLC at its sole discretion) an unreasonable or disproportionately large load on our infrastructure.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any CLCs server, by hacking, password "mining" or any other illegitimate means. You may not harvest or collect User names, User IDs, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications.

9. Representations and Warranties; Disclaimer of Warranties

You expressly agree that use of this Website is solely at your own risk. Access to, and use of, this Website is on a strictly "as is" and "as available" basis, without representation or warranty of any kind. You expressly agree that any reliance upon any opinion, advice, statement, memorandum, or information distributed through this Website shall be at your sole risk.

Our Website may include inadvertent inaccuracies or errors, or information or materials that violate these terms of use. Additionally, the possibility exists that a third party could make unauthorized alterations of tis Website content or features. Although we attempt to ensure the integrity of the Website, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Website completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such information can be found on the Website, as well as information sufficient to enable us to contact you.

CLC EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES REGARDING THE INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH THE WEBSITE (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE), INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTY OF MERCHANTABILITY; (II) THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND (III) NON-INFRINGEMENT. CLC CANNOT AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY ANY THIRD-PARTY INCLUDING BUT NOT LIMITED TO: CLIENTS, SPONSORS, REWARD PARTNERS, MANUFACTURERS OF MERCHANDISE OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Limitation of Liability

You understand that some goods and services offered through the Website may be offered by third-parties or affiliates, and that CLC does not operate, control or endorse any of their information, goods or services in any way. You understand that third-parties may place restrictions on the use of goods and services offered through the Website. Neither CLC nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) the user or inability to use the Website; (ii) the cost of procurement of substitute goods or services; (iii) any transaction entered into or through the Website; (iv) the reliance on or use of any information, goods, services or merchandise provided through the Website; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements or conduct of any third-party; (vii) any claim attributable to errors, omissions, or other inaccuracies in the Website and/or materials or information retrieved through the Website; or (viii) any other matter relating to the Website or these Terms of Use. The above limitation is applicable even if CLC or its authorized representatives have been advised of (or know or should know of) the possibility of such damages. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to you. Your rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. You acknowledge and agree that CLC neither endorses the contents of any electronic mail or Internet communications nor shall be held responsible or liable for: (i) the accuracy of material contained in electronic mail, Internet, or other communications of third-parties or affiliates; (ii) any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications from third-parties or affiliates; or (iii) any fraud or other crime facilitated by the electronic mail, Internet, or other communications by third-parties or affiliates.

11. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CLC AND ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, CO-BRANDERS, THIRD-PARTY PROVIDERS, CLIENTS, SPONSORS, REWARD PARTNERS OR OTHER PARTNERS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS (INCLUDING COURT COSTS), FEES (INCLUDING ATTORNEY'S FEES), DAMAGES AND EXPENSES THAT SUCH PARTIES MAY INCUR AS A RESULT OF, DUE TO, OR ARISING OUT OF THE VIOLATION BY YOU OF THESE TERMS OF USE OR THE VIOLATION OF ANY RIGHTS OF ANOTHER BY YOU.

12. Arbitration: PLEASE READ CAREFULLY. IT AFFECTS YOUR RIGHTS

A. Most of your concerns can be resolved quickly by contacting CLC at loans@collegeloan.com. In the event that we cannot resolve your concern, binding arbitration through the following procedures shall be your sole and exclusive remedy. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

B. Pursuant to the Federal Arbitration Act, CLC and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, claims arising out of or relating to any aspect of the relationship between us, regardless of legal theory, including, but not limited to, claims relating to advertising, whether brought during or after the term of these Terms of Use. References to "CLC," "you," and "us" include our respective corporate subsidiaries and parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under these Terms of Use or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by accepting these Terms of Use, you and CLC are each waiving the right to a trial by jury or to participate in a class action. This Section 12 shall survive termination of these Terms of Use.

C. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to CLC shall be addressed to College Loan Corporation, 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135, Attention: President ("CLC Notice Address"). The Notice to you shall be addressed to any such addresses, including email addresses you may have provided CLC. If you have never provided CLC with any such address CLC will, after using due diligence to discover, send Notice to your last known mailing address. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CLC is entitled.

D. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 12 are for a court to decide. Unless CLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your home address, as provided in connection with the Notice. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you prevail at arbitration, the arbitrator may award you reimbursement of the filing, administration and arbitrator fees you incurred, as well as reimbursement of any reasonable attorneys' fees you incurred.

E. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

F. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if CLC makes any change to this Section 12 (other than a change to the CLC Notice Address), you may reject any such change by sending us written notice, to the CLC Notice Address, within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these Terms of Use in the form prior to such rejected change.

13. Jurisdiction

These Terms of Use and any dispute of any kind that arises with CLC shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of laws. You further agree to irrevocably submit to the exclusive personal jurisdiction of Nevada courts.

14. Entire Agreement

These Terms of Use constitutes the complete, final and exclusive understanding between CLC and you relating to the subject matter hereof and governs your use of the Website, superseding all prior or contemporaneous understandings, agreements and/or communications with respect to such subject matter. You may be subject to additional terms and conditions that may apply when you obtain or use third-party content, third-party software or goods and services provided by or through third-party partners of CLC.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CLC without restriction.

16. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CLC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to CLC are not commercial and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. CLC shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

18. Questions/Comments

If you have any questions or comments about the Website or become aware of misuse of the Website by any person, please contact us at loans@collegeloan.com or at the following address: College Loan Corporation, 10000 W. Charleston Blvd., Suite 200, Las Vegas, NV 89135.