Terms of Use for the FACTS Website

Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to FACTS via the Site or Internet electronic mail, is the exclusive property of FACTS and is not confidential. FACTS CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO FACTS. Unless otherwise stated, FACTS is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to FACTS and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules).

If you use this Site in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password.

Any use by you of another user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from FACTS has been granted. You agree that you will not use the Site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

You represent and warrant to FACTS that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule or regulation, (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. FACTS reserves the right to delete any such material from the Site.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of FACTS. You further agree not to use an inappropriate user name of any kind.

You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.

If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to FACTS’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

FACTS’s agent for notice of claims of copyright infringement on the Site is:

Nelnet Legal Department
3015 S. Parker Road, Suite 400
Aurora, CO 80014
ATTN: Copyrights

Upon receipt by FACTS of notice of claimed copyright infringement containing the information specified above, FACTS will promptly remove the allegedly infringing material from the Site. FACTS shall have no liability to any user of the Site for the removal of any such material.

THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. FACTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. FACTS MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. FACTS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. FACTS IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

BY USING THE SITE, YOU AGREE THAT FACTS WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FACTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify and hold FACTS harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright 2008 FACTS, Inc. and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the property of FACTS or its third party licensors. By making this Content available on the Site, FACTS 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. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of FACTS or its third party licensors. Unauthorized use is prohibited.

You agree not to remove copyright, trademark or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of FACTS except for your individual use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.

To the extent links are provided from the Site to other Web sites, FACTS does not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites.

In the event that FACTS determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, FACTS may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which FACTS deems to be appropriate.

These Terms are effective unless and until terminated by FACTS. FACTS may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

Information on the Site includes descriptions of products and services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Nebraska, Lancaster County. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.

These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.