These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the Nickels web site and our student loan guidance service located at asknickels.com (collectively the "Service") and operated by Nickels, Inc. (“Nickels”, “we” or “us”). By using the Service, you agree to be bound by this Agreement.
The Service is provided to you by Nickels without charge (it is free to borrowers) and is meant as an aid to assist you with your management and repayment of your student loans. We provide resources to help you make decisions about your student loans and the rest of your financial life, which may include information about changing repayment plans, refinancing, or consolidating loans.While we may recommend a course of action to you, or suggest you work with lenders or re-financing services, we expect you to make your own decisions about how to handle your student loans based on your own needs and situation.
Privacy and Your Personal Information
Using the Service
You may use the Service only if you are 16 years or older and are not barred from using the Service under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using the Service. Children under the age of 16 are strictly prohibited from using the Service, as Nickels does not desire to or agree to collect information from children under 16. By using the Service, you represent and warrant to Nickels that you have all requisite power and authority to enter into and comply with this Agreement.
Certain features of our Service are also only available if you have a Service account (an “Account”). You can create an Account on our Service using your email address and selecting a password. It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account. If you provide us with your e-mail address, you agree to receive notices from us electronically to that e-mail address.
Once you have established an Account with us, you can authorize us to import or receive your student loan information from Federal Student Aid and the servicers you identify. The student loan information we obtain at your direction may not be correct. You should review all student loan information against the information you have, and contact Federal Student Aid or the relevant servicer to make any necessary corrections and provide us with the corrected information.
How We Use Federal Student Aid Information
Our Service includes a function which allows you to give us the ability to access your federal student loan information in your “MyStudentData.csv” file from the U.S. Department of Education. We do this on periodic basis to make sure that we have up-to-date information about your student loans. In order to use this element of the Service, you’ll have to create an Account and provide us with your login information for your Federal Student Aid account. We will not do anything with that login information except download your “MyStudentData.csv” file from your Federal Student Aid account to your Account on our Service.
Rights You Grant Us
When you provide information to Nickels through your Account (including your Federal Student Aid account login information), you are giving Nickels the right to use that to Nickels solely for the purpose of providing the Service. Nickels may use, store and process the information you provide, but only to provide the Service to you. By submitting this information to Nickels, you represent that you are entitled to submit it to Nickels for use for this purpose, without any obligation by Nickels to pay any fees, or other limitations.
Nickels’ Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material belong or are licensed to Nickels and are protected under applicable copyright, trademark and other laws. Nickels grants you the right to view and use Nickels subject to these terms. You may download or print a copy of information provided on Nickels for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Nickels in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
- Use the Service except for your own lawful purposes;
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion or elements of the Service, without Nickels’ express written consent, which may be withheld in Nickels’ sole discretion, and which may be given by Nickels by means of the instructions set out in any robots.txt file present on the Service;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other generally available third-party web browsers (such as Google Chrome, Mozilla Firefox, Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service; or
- Attempt to access any elements of the Service without Nickels’ authorization, or to disrupt or interfere with the Service.
Third Party Services
The Service may contain links to third-party websites or resources, including third parties who provide services related to student loans. Nickels provides these links only as a convenience, does not endorse, and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. We assume no liability, obligation or responsibility for their actions or your relationship with them. Any correspondence, applications, or agreements, including agreements for services provided by those third parties, and any other terms, conditions, warranties or representations associated with your relationship with such third parties, are solely between you and the third party.
Ending Your Relationship with Nickels
Nickels may at any time, terminate this Agreement for any reason or no reason. Nickels is not required to provide you notice prior to terminating your access to or use of the Service or any element thereof.
Disclaimer of Representations and Warranties
THE SERVICE AND ALL CONTENT ASSOCIATED WITH NICKELS OR PROVIDED IN OR THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NICKELS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE, AND DISCLAIMS ALL SUCH WARRANTIES TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY INFORMATION YOU MAY ENCOUNTER IN OR THROUGH THE SERVICE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH, NICKELS DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICE, AND YOU ACKNOWLEDGE THAT NICKELS IS NOT AFFILIATED WITH OR GRANTED ANY SPECIFIC AUTHORITY BY THE U.S. DEPARTMENT OF EDUCATION, AND THAT NICKELS IS NOT A FINANCIAL INSTITUTION AND DOES NOT PROVIDE FINANCIAL OR CREDIT SERVICES OF ANY KIND.
Limitations on Liability
NICKELS AND ANY EDUCATIONAL INSTITUTION WHO REFERRED YOU TO NICKELS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM THIS AGREEMENT, YOUR ACCESS TO OR USE OF THE SERVICE, OR YOUR RELIANCE ON ANY INFORMATION YOU MAY ENCOUNTER IN OR THROUGH THE SERVICE, EVEN IF NICKELS OR THE RELEVANT EDUCATIONAL INSTITUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NICKELS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NICKELS FOR USE OF THE SERVICE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NICKELS, AS APPLICABLE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NICKELS AND YOU, AND SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Your Indemnification of Nickels
You shall defend, indemnify and hold harmless Nickels and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by you, or your access to or use of the Service (including any dispute you may have with an educational institution who referred you to the Service or a third party you have encountered in or through the Service).
Nickels may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Service, a notification of the change will be posted in the Account login screen, and if we have your email address, we will attempt to reach you at that email address to inform you that the Agreement has been changed. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Nickels under this Agreement, shall be governed by the laws of the State of Michigan without regard to its conflict or choice of laws provisions. Any dispute with Nickels, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively in the State Courts of Michigan in Ann Arbor, Michigan or in the U.S. District Court for the Eastern District of Michigan, except with respect to circumstances requiring temporary or preliminary injunctive relief to prevent harm to Nickels, in which case Nickels may seek such relief in any court with jurisdiction over the parties.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Nickels does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Nickels has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nickels’ rights and that those rights or remedies will still be available to Nickels.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Nickels shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
This Agreement represents the entire understanding and agreement between you and Nickels regarding the subject matter of the same, and supersedes all other previous agreements.