LoanBuddy is willing to authorize Your access to Software associated with this End User License Agreement only upon the condition that You accept that this Agreement governs Your use of the Software and all services offered by Loan Buddy. By selecting the “Accept License Agreement” button or installing or using LoanBuddy Software, You indicate acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with these license terms. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software in or any of Loan Buddy’s services in any way.
License Rights and Restrictions
LoanBuddy grants You a personal, nonexclusive, nontransferable, limited license to (1) internally use the Software for your internal business operations (i.e., no use by any third party), including analyzing, developing, sharing, and reporting data obtained from the National Students Loan Data System (NSLDS) and (2) reproduce and distribute files (e.g. pdfs organizing loan data from NSLDS) created with LoanBuddy software ("Redistributables"), provided that: (i) You reproduce and distribute the Redistributables unmodified and only bundled as part of Your own products and services developed using the Software, (ii) the Redistributables are used in a manner that protects LoanBuddy’s interests as well as this Agreement and does not grant any further right of distribution to Your end users, and (iii) You will defend, indemnify and hold harmless LoanBuddy from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises as a result of Your activities undertaken in connection with the Software or the distribution and reproduction of the Redistributables, or any combination of any Redistributables with any of Your programs that You distribute.
You expressly acknowledge that this is a non-exclusive, non-transferable, non-sublicensable license to use the Software. You expressly acknowledge and agree that this Agreement only permits You to access the Loan Buddy Software. You must create your own account and must not make the Software available in any manner to any third party, including your employees, agents, and contractors.
You acknowledge that the Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
You promise and acknowledge that you are solely responsible for all activities undertaken by You in connection with use of the Software, including but not limited to activities undertaken by users who gain access to your client. You are solely responsible for maintaining the security and privacy of your account and password and hold Loan Buddy not liable and harmless for activities undertaken by any user of your account.
You promise and agree that You shall (1) comply with all applicable laws and regulations, including the agreement not to commit any crime, tortious act, or otherwise illegal conduct, (2) that You have the right and authority to enter into this Agreement, either on Your own behalf or on behalf of a company or other entity, (3) that You are over the age of 18, and (4) that all information provided to Loan Buddy by You is true, accurate, current and complete.
All rights not expressly granted in this Agreement are reserved by LoanBuddy. If You want to use the Software for any purpose other than as expressly permitted under this Agreement, You must obtain from LoanBuddy a separate agreement permitting such use.
LoanBuddy retains all ownership to the Software. You expressly acknowledge that this Agreement does not, including implicitly, transfer or assign to You, any intellectual property right including any patent, design, trademark, copyright or rights in any confidential information or trade secrets, in or related to the Software.
LoanBuddy may require you activate the Software in a certain way and failure to do so may result in cancellation of this License Agreement.
Customer Service and Support
For help with any LoanBuddy Software please contact us at firstname.lastname@example.org
Charges and Cancellation
After purchase or use of the Software, there will be no refunds given. You agree that Loan Buddy may charge to Your credit card or other payment mechanism agreed to by both You and Loan Buddy, all amounts due and owing for the Software, including without limitation subscription fees or any other fee or charge. Loan Buddy may change prices at any time, including changing from a free service to a paid service provided, however, that Loan Buddy provided you with prior notice of the applicable fees and agreed to pay such fees. You agree that in the event Loan Buddy is unable to collect any fees owed by You to Loan Buddy Loan Buddy, Loan Buddy may take any steps it deems necessary to collect such fees and that You will be responsible for all costs and expenses incurred by Loan Buddy in connection with such collection activity, including collection fees, interest court costs and attorneys' fees. If You fail to comply with any provision of this Agreement, Loan Buddy may terminate this Agreement immediately and retain any fees previously paid by You. Upon any termination of this Agreement, You must cease any further use of the Software and destroy any copies of associated therewith in Your possession and control.
Third Party Information
You expressly acknowledge and understand that much of the information and data provided by the LoanBuddy software and its associated services is taken from the National Student Loan Data System (NSLDS). You further expressly acknowledge and understand that NSLDS does not represent that its information is accurate with respect to data guarantees, timeliness, sequence, accuracy, or completeness and that any mistakes or misinformation made by NSLDS are the sole fault of NSLDS and not LoanBuddy and that if LoanBuddy reproduces an error originated by NSLDS you expressly acknowledge and agree to not hold LoanBuddy liable in any way for any damages such an error may cause.
By accepting this Agreement You agree not to: (a) use, copy, merge, mutilate, make derivative works of, or transfer copies of the Software; (b) use the Software on more than one computer or device without the appropriate permissions from LoanBuddy; (c) use any backup, archival copy , or any other duplicate of the Software for any purpose other than to replace the original copy; (d) rent, lease, sublicense, distribute, transfer, copy, modify or share the Software under this EULA; (e) provide unauthorized third parties with access to or use of the Software; (f) reverse engineer, disassemble, or otherwise attempt to access the source code of the Software; (g) use the Software after any expiration, termination or cancellation of this Agreement.
Risk of Use and Financial Information
Financial services often require licensing with various government agencies or certification groups. By agreeing to this agreement, You expressly acknowledge, represent and warrant that You have such appropriate certifications and are legally allowed to access such information. You further agree that you are not accessing and using any third-party financial information, provided by the NSLDS or otherwise, in order harass or annoy anyone and that said information utilized is of a sensitive and private nature warranting reasonable safeguard precautions by You. You expressly acknowledge and agree that the Software is designed to assist in the performance of student loan analysis calculations and reporting activities and is not intended to replace professional skill and judgment. You expressly acknowledge and agree that You are solely responsible for compliance with all federal, state, foreign, and local laws, rules, and regulations, plus the rules and regulations of any self-regulatory organization relating to use of the Software and the delivery of any output.
The Software may contain or require the use of third-party technology. LoanBuddy may provide certain notices to You in connection with such third-party technology. Your rights to use separately licensed third-party technology are not restricted in by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not separately licensed third-party technology shall be deemed part of the Software and is licensed to You under the terms of this Agreement.
Personal Data Collection
Loan Buddy collects personal data about You when you use the Software, including Your name, employer, job title, email address, phone numbers, postal or physical address, payment information such as Your credit card, and IP addresses. If you don’t want your persona data used in this manner, please immediately request that your account be deactivated. We will only use your personal data in lawful ways, including without limitation, improving our software and services, fulfilling your individual requests, and investigating unauthorized activity.
Relationship Between the Parties
You and LoanBuddy (“we”) expressly acknowledge and agree that LoanBuddy is an independent contractor and that we agree that no partnership, joint venture, or agency relationship exists between us.
Entire Agreement; Governing Law
This Agreement may not be modified by You and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of LoanBuddy. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. No action, regardless of form, arising out of this Agreement may be brought by You more than one year after the cause of action has arisen. LoanBuddy shall have the right to collect from You its reasonable expenses incurred in enforcing this Agreement including internal costs and attorneys’ fees. Waiver or failure of LoanBuddy to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. You may not assign, transfer or sublicense Your rights, duties or obligations under this Agreement, in whole or in part.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You agree to submit to the exclusive jurisdiction of, and venue in, the courts of California in any dispute arising out of or relating to this Agreement.
Exclusion of Warranties and Conditions
LOAN BUDDY MAKES NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE) ARISING OUT OF OR RELATED TO THIS AGREEMENT AND IN NO EVENT SHALL LOAN BUDDY OR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, SUPPLIER, OR INDEPENDENT CONTRACTOR OF LOAN BUDDY BE LIABLE FOR ANY DAMAGES WHATSOEVER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES.