Copyright Nelnet Guarantor Solutions, LLC 2009. All rights reserved.

 

Please read this Agreement carefully.

 

The Dollar Sensei Website is offered to you conditioned on your acceptance without any modification of the terms, conditions, and notices contained in this Website Use Agreement (also referred to as this "Agreement").

By accessing or using the Dollar Sensei Website you agree to be bound by all of the terms, conditions, and notices in this Website Use Agreement, including any additions, changes or modifications to the Agreement made by Nelnet Guarantor Solutions, LLC ("Nelnet Guarantor Solutions") and posted on the website.

 

Modification

Nelnet Guarantor Solutions reserves the right to change the terms, conditions, and notices contained in this Agreement, including but not limited to any charges associated with the use of the website.

 

The Website

The Dollar Sensei Website is established for on-line user access to the Dollar Sensei System and includes all of the pages, links, graphics, text, source code and other programs, routines, and other components of the website (whether visible or discernible to the user). The Dollar Sensei Website may also be referred to in this Agreement as the website, or site. The information and materials contained on this website are subject to change without notice to the user.

 

Username and Password

The confidentiality and exclusivity of the user name, password, and other account information is dependent upon the user maintaining control over the use of the user name and password. Do not give your user name or password to any other person or write them down or save them in a computer file that is accessible to others. By entering into this Agreement, obtaining a user name and password allowing access to the Dollar Sensei Website, you agree to be responsible for keeping your user name and password confidential and not allowing others to access the Dollar Sensei Website with your user name and password. Further, you agree that Nelnet Guarantor Solutions and its affiliated guaranty agencies are not liable for unauthorized use of your user name and password, including access or use that is caused by your negligence or failure to operate your computer hardware and software properly or any failure to abide by the terms and conditions of this paragraph or the terms and conditions of the Dollar Sensei Website Use Agreement.

 

Limitation of Liability and Exclusion of Warranties

BY USING THE DOLLAR SENSEI WEBSITE, YOU AGREE THAT NELNET GUARANTOR SOLUTIONS, ITS AFFILIATES, AND THE GUARANTY AGENCIES AFFILIATED WITH THIS WEBSITE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DOLLAR SENSEI WEBSITE FOR ANY PURPOSE. THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.

THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DOLLAR SENSEI WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE WEBSITE AND THE INFORMATION AND NOTICES IN THIS AGREEMENT. NELNET GUARANTOR SOLUTIONS MAY MAKE IMPROVEMENTS OR CHANGES IN THE WEBSITE AT ANY TIME.

NELNET GUARANTOR SOLUTIONS AND THE GUARANTY AGENCIES AFFILIATED WITH THIS WEBSITE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

NELNET GUARANTOR SOLUTIONS AND THE GUARANTY AGENCIES AFFILIATED WITH THIS WEBSITE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEBSITE AND ANY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NELNET GUARANTOR SOLUTIONS OR ITS AFFILIATED GUARANTY AGENCIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE OR THE LIKE, OR LINE OR SYSTEM FAILURE (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF NELNET GUARANTOR SOLUTIONS OR A GUARANTY AGENCY, OR ANY AGENT OR REPRESENTATIVE OF NELNET GUARANTOR SOLUTIONS OR A GUARANTY AGENCY AFFILIATED WITH THIS WEBSITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DOLLAR SENSEI WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE DOLLAR SENSEI WEBSITE OR RELATED SERVICES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DOLLAR SENSEI WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DOLLAR SENSEI WEBSITE.

 

No Unlawful or Prohibited Use

As a condition of your use of the Dollar Sensei Website, you agree that you will not use the Dollar Sensei Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Dollar Sensei Website in any manner which could damage, disable, overburden, or impair the Dollar Sensei Website or interfere with any other party's use and enjoyment of the Dollar Sensei Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Dollar Sensei Website.

 

Termination/Access Restriction

Nelnet Guarantor Solutions reserves the right, in its sole discretion, to terminate your access to the Dollar Sensei Website and the related services (or any portion of those services) at any time, without notice.

 

User-Provider Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nelnet Guarantor Solutions or any guaranty agency as a result of this Agreement or use of the Dollar Sensei Website.

 

Copyright and Trademarks

This Site and all information, documentation, and other content ("Content") posted in or on the Dollar Sensei Website are subject to copyright 2009 Nelnet Guarantor Solutions and its affiliates. All rights reserved. Unless stated to the contrary, all Content is Nelnet Guarantor Solutions' or its affiliates' property. The appearance of this website, including icons and graphics, are Nelnet Guarantor Solutions property. By making this Content available on this website, Nelnet Guarantor Solutions 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. You agree not to remove copyright or other notices from any Content you may get from the Dollar Sensei Website. You cannot sell, republish, or copy any content from this Site without the prior written consent of Nelnet Guarantor Solutions except for your individual use. To the extent links are provided from this site to other Web sites, Nelnet does not endorse those sites.

Dollar Sensei is a registered service mark of Nelnet Guarantor Solutions. Nelnet Guarantor Solutions may also claim trademark and service mark rights to other marks contained in the pages of the Dollar Sensei Website.

 

Governing Law and Jurisdiction

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in the State of Florida, U.S.A. in all disputes arising out of or relating to the use of the Dollar Sensei Website. Use of the Dollar Sensei Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Nelnet Guarantor Solutions' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Nelnet Guarantor Solutions' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dollar Sensei Website or information provided to or gathered by Nelnet Guarantor Solutions with respect to that use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Entire Agreement

Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between the user and Nelnet Guarantor Solutions and its affiliated guaranty agencies with respect to the Dollar Sensei Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nelnet Guarantor Solutions and its affiliated guaranty agencies with respect to the Dollar Sensei Website. 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 form.