Need Access Web Site Terms and Conditions of Use

USE OF WWW.NEEDACCESS.ORG AND RELATED SERVICES IS PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

A. Password and transmission of information.
You agree to keep your password confidential and you agree not share or disclose it to others. You agree that Access Group may assume that all information transmitted to Access Group via www.NeedAccess.org (the "Site") using your password was properly transmitted by you. You represent and warrant that any information you transmit via the Site will be true and accurate. By using the Site, you authorize and direct Access Group to share your Need Access application information with the school(s) you designate in the application process.

B. Restrictions on Use.
All pages within the Site and any material made available for download from the Site are the property of Access Group, Inc., a Delaware corporation ("Access Group"). The Site is protected by federal and international copyright and trademark laws. You may download material from the Site for your own personal use, provided that you keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and comply with any applicable end user license agreements. No portion of the materials on the pages within the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Access Group. Any rights not expressly granted by these Terms and Conditions are reserved by Access Group.

C. Trademark Notice.
Access Advisor, Access Advisor Administrator, Access Group, Business Access, Comprehensive Access, Dental Access, Graduate Access, Health Access, Law Access, Medical Access, Need Access, Optimum, Sponsored Access, The Access Group, WiseBorrower, the mortar board logo, and the "Access Group" logo are trademarks and service marks of Access Group. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

D. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

ACCESS GROUP IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES, CONTENT, OR INFORMATION.

Although Access Group attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Access Group so that it can be corrected. Information contained on the Site may be changed or updated without notice.

E. Links or Pointers to Other Sites.
Access Group makes no representations whatsoever about any other Web site that you may access though this Site. When you access a non-Access Group Web site, please understand that it is independent from Access Group, and that Access Group has no control over the content on that Web site. In addition, a hyperlink to a non-Access Group Web site does not mean that Access Group endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

F. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New Castle in the State of Delaware, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

G. No Unlawful or Prohibited Purpose.
As a condition of your use of the Site, you warrant to Access Group that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

H. Entire Agreement.
These Terms and Conditions constitute the entire agreement between Access Group and you pertaining to the subject matter hereof. In its sole discretion, Access Group may modify these Terms and Conditions by posting the revised version on the Site.