Terms of Use

Updated on 5 July 2022

Please read this document carefully. It contains important information about your rights and obligations.

Table of Contents

1. Acceptance of these terms
2. Eligibility for use
3. Privacy
4. Your account information
5. Your conduct
6. Our right to block content
7. Use of information submitted
8. Copyrights
9. Trademarks
10. Third party claims/ Indemnification
11. Warranty Disclaimer & Liability Limit
12. Termination; Modification
13. Electronic Notices
14. Links to other websites
15. Claims of copyright infringement
16. Disputes
17. Miscellaneous
18. Contact Us

1. Acceptance of these Terms of Use: Welcome to this website (the "Site"), brought to you by MPOWER Financing, PBC ("we" or "us"). By using the Site, you agree to these Terms of Use. If you do not agree with them , please do not use the Site. We may revise these Terms of Use at any time by updating this page. By using the Site, you agree to be bound by any such changes.


2. Eligibility for Use: You must be at least thirteen (13) years old to use the Site.


3. Privacy: Any information that you submit to us or that we collect through the Site is subject to our Privacy Statement, the terms of which are incorporated into these Terms of Use.


4. Your Account Information: It is your responsibility to maintain the confidentiality of your Site account information, and you are responsible for your use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or any other actual or suspected breach of Site security.


5. Your Conduct:
• Your use of the Site will fully comply with all applicable laws, rules and regulations and these Terms of Use. The following requirements and other provisions of these Terms of Use will not limit the generality of this requirement.
• If you choose to provide us with information about yourself, it will be true and up-to-date.
• You will not impersonate any other person while using the Site.
• You will not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that:
1. Contains viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. Infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity;
3. Promotes or endorses any company or person, any product or service, or any charitable cause (unless you have our prior written permission);
4. Refers to a URL of a website that competes with the Site or that contains, depicts or promotes illegal content, materials or activities;
5. Requests personally identifiable information; or
6. Is abusive, illegal, libelous, defamatory, obscene, threatening or otherwise unacceptable to us, in our sole discretion.


6. Our Right to Block Content: We do not and cannot review all content submitted by users to the Site, and we therefore do not make any representation or warranty with respect to it. However, we reserve the right to block or remove content or communications that we determine, in our sole discretion, to be in violation of these Terms of Use. As explained below, under Warranty Disclaimer & Liability Limit, the Site is offered "as is," and you use it at your own risk. Without limitation, this means that, despite the requirements of these Terms of Use, Site users may post content that violates them. We assume no responsibility or liability for such content. If you become aware of misuse of the Site by any person, please contact us at privacy@mpowerfinancing.com. If you have submitted objectionable content, we may, in our sole discretion, terminate your account, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you.


7. Use of Information Submitted: You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, services and Site features, and creating, modifying or improving the Site or other products and services.


8. Copyrights: All content of the Site, including, but not limited to, text, graphics and code, is our property and is protected under applicable copyrights, patents and other proprietary and/or intellectual property rights. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. You do not acquire ownership rights in any downloaded materials as a result of our permission. Any other use of the Site and/or its content is strictly prohibited, unless expressly permitted by us on the Site or authorized by us in writing.


9. Trademarks: All trademarks, service marks and trade names of MPOWER Financing, PBC used on the Site, including but not limited to International Student, International Student Insurance, International Student Loan, ESLDirectory, GlobalStudy and their associated logos are trademarks or registered trademarks of MPOWER Financing, PBC in the U.S. and/or other countries. They may not be used without our prior express written permission. Other product and company names mentioned on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.


10. Third-Party Claims; Indemnification: You agree that you are responsible for your behavior in connection with the Site. We shall not be liable for claims made against you or us arising out of your use of the Site, and you hereby agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, affiliates and agents harmless from and against any claim or cause of action, including reasonable attorneys' fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Site, the use of the Site by any other person who accesses it using your account information or your violation of these Terms of Use.


11. Warranty Disclaimer & Liability Limit: YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PRESENT THE SITE "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY IN CONNECTION WITH THE SITE AND YOUR USE OF IT. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no liability or responsibility for any errors or omissions on the Site; any failures, delays or interruptions in the Site's accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of our Site or servers. We reserve the right to deliver the Site at our sole and absolute discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above exclusions may not apply to you.



TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability shall be limited to the maximum extent permitted by applicable law.



12. Termination; Modification: We reserve the right in our sole discretion to terminate or restrict your use of the Site, for any or no reason, and without prior notice, obligation or liability to you or any other person. In addition, we reserve the right in our sole discretion to terminate or modify any Site feature or offering, without any notice, for any or no reason, and without any notice, obligation or liability to you or any other person.


13. Electronic Notices: By using the Site, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.


14. Links to Other Websites: The Site may contain links to third-party websites, which are provided for your convenience only. We have no control over these linked sites, all of which have their own user agreements and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Site does not imply our approval or endorsement of that site.


15. Claims of Copyright Infringement: We respect the intellectual property of others. If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please provide us with all of the following information in writing:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
• A description of the material that you claim to be infringing, as well as its location on the Site;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.



    The above information must be sent to:
            MPOWER Financing, PBC
            Attn: Legal Department
            1101 Connecticut Avenue, Suite 900
            Washington, DC 20036
            USA
        

16. Disputes: Your use of the Site shall be governed by the laws of the State of Delaware, without regard to its choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site shall be resolved individually, without resort to any form of class action, and exclusively in the applicable local, state or federal courts in Delaware or Washington, DC. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Any cause of action or claim you may have with respect to the Site must be instituted within one (1) year after the claim or cause of action arose or be forever waived and barred.


17. Miscellaneous: Headings are for reference purposes only and in no way define or limit the scope of such provision. If any part of these Terms of Use are held to be invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall be enforced. These Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of that or any other provision.


18. Contact Us: If you have any questions about these Terms of Use, please contact us at:

            MPOWER Financing, PBC
            Attn: Legal Department
            1101 Connecticut Avenue, Suite 900
            Washington, DC 20036
            USA
        

Copyright 1998-2022, MPOWER Financing, PBC. ALL RIGHTS RESERVED.