WEBSITE TERMS OF USAGE AND DISCLAIMERS
Meratas Inc. (“Meratas”) maintains this Site in an attempt to provide you with comprehensive information on planning and paying for your educational pursuits. In addition, the Site can be used to convey information about Meratas products and services and to execute online transactions. Meratas requires that all the visitors to our Site(s) on the Internet (the “Site”) adhere to the following rules and regulations. By accessing the Site, you indicate your acknowledgment and acceptance of these Terms of Service (“Terms”). Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
ARBITRATION AND CLASS ACTION WAIVER
THESE TERMS HAVE AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES WITH MERATAS, RATHER THAN JURY OR COURT TRIALS OR CLASS ACTIONS. CAREFULLY REVIEW THESE SECTIONS BEFORE YOU AGREE TO THESE TERMS OR ACCESS THE MERATAS WEBSITE OR USE OUR SERVICES.
Meratas reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. Meratas likewise may change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
THE CONTENTS OF THE SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER UNITED STATES AND/OR FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to Meratas or to others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Meratas. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. Our Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use our Site. You agree to be solely responsible for your actions and the contents of your transmissions through the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. Meratas is permitted to disclose the information you provide to financial institutions, educational institutions and other authorized third parties.
You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.
On this Site, you will find content, functions, information, and tools, including that provided by third parties that are not the property of Meratas. While we strive to keep both Meratas and the third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that the content, functions, information and tools are error-free or that your access will be uninterrupted or that material accessible from this Site is free of viruses.
On this Site you will find numerous links which will transfer you to the site of an organization that can provide you with value-added information and/or functionality. By linking to these sites, Meratas does not represent or imply that there is any business relationship between the two entities. Meratas is not responsible for the content and performance of these sites or for your transactions with them. Furthermore, Meratas strives to keep these links as current and accurate as possible, but we cannot guarantee and we expressly do not warrant that they point to the intended third-party site. Links to and from this site do not constitute a Meratas endorsement.
Use of this Site and the submission of any forms completed by you through this Site do not qualify you for financial aid. Your eligibility for financial aid will be determined by your individual financial situation and the opinion of external agencies (e.g., schools, lenders, guarantee agencies, the Department of Education). By submitting an application for a tuition financing product, Meratas does not guarantee that you will receive such product. Eligibility for any tuition financing product will be determined by the entity sponsoring such product or another designated entity.
If you are not a registered user, you may receive a ID and password upon completing the registration process. You are responsible for maintaining the confidentiality of your log-in name and password and for any and all activities that occur under your password or account. You agree to immediately notify Meratas of any unauthorized use of your account or any other breach of security known to you.
Consent to Electronic Communications
When you access or make use of the Sites or the Service or submit an Application for the Products, you understand and agree that you are entering into this Agreement electronically and that certain categories of information (“Communications”) may be provided by Meratas to you by electronic means (i.e., via email, through the Sites or Products by displaying links to notices generally on the Sites) unless and until you withdraw your consent or “opt out” as described below. You understand that the Communications referenced in this Section do not include SMS text messages and you are not required to give us your consent to receive any SMS text messages as a condition of using the Sites or Service. You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. The categories of Communications that may be provided by electronic means include:
changes to this Agreement including any amendments, modifications, or supplements.
disclosures or notices provided in connection with the Products, including any required by Applicable Law.
any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Products; and any other communication related to the Sites or Products.
Although Meratas reserves the right to provide Communications in paper format at any time, you agree that Meratas is under no obligation to do so unless you first notify us, in writing, of your decision to opt out of receiving Electronic Communications and request Communications in a paper format. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to enter into this Agreement electronically, you may not use the Sites or Service.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MERATAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MERATAS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MERATAS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. MERATAS DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. MERATAS MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. MERATAS ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SERVICE. NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF MERATAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL MERATAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE ARE HEREBY EXCLUDED EVEN IF MERATAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold harmless Meratas, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to use of the Site by you or any other person accessing the Site using your user name and password. The provisions of these Terms apply for the benefit of Meratas and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms. This disclosure shall be governed in all respects by the substantive laws of the State of Connecticut, without regard to its provisions relating to conflict of laws. You and Meratas agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fairfield County, Connecticut. The failure of Meratas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Direct all questions or comments to the appropriate person found in the “Contact Us” area of this Site.
Disputes with Meratas.
Contact Meratas First.
If a dispute arises with Meratas, our goal is to learn about and address your concerns as soon as possible. Disputes with Meratas regarding our Services may be reported by emailing email@example.com or by calling 860-935-6906 from 9 AM to 5 PM, Pacific Time. Also, should you feel any information in your Meratas Account is incorrect, please contact us immediately.
Agreement to Arbitrate and Class Action Waiver.
You and Meratas each agree that any and all disputes or claims between you and Meratas arising from or in any way relating to this Agreement, your Meratas Account, the Meratas Services, our website, or your transactions or relationships with Meratas, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may assert claims in small claims court, if such claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate (“Agreement”) is intended to be broadly interpreted. Notwithstanding the choice of law provision above, the Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND MERATAS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, ARBITRATION OR PROCEEDING. UNLESS BOTH YOU AND MERATAS AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this User Agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection (14.3.1) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Meratas should be sent to Meratas, Inc., Attn: Litigation Department, 317 West Ave. PO Box 113343, Stamford, CT 06902. Meratas will send any Notice to you to the physical address we have on file associated with your Meratas Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Meratas are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Meratas may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Meratas may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Meratas subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Meratas may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Meratas shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Meratas Users, but is/are bound by rulings in prior arbitrations involving the same Meratas User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Intended Beneficiaries of the Arbitration Agreement and Class Action Waiver. An Intended Beneficiary of the arbitration provision and class action waiver may enforce them in full with respect to any claims between them on the one hand and you on the other arising from or in any way relating to this Agreement, your Meratas Account, the Meratas Services, our website, or your transactions or relationships with Meratas. Intended Beneficiaries are our agents, principals, representatives, directors, officers, shareholders, governors, managers and members. Intended Beneficiaries also are our parents, subsidiaries, affiliates, partners, licensees, attorneys, predecessors, successors, joint venturers, contractors, assigns, designees, Meratas Merchants, servicers, and service providers. A service provider is any THIRD-PARTY providing us or any Intended Beneficiary any goods or services arising out of or in any way relating to this Agreement or your access or use of the Meratas Account or Meratas Services. Intended Beneficiaries include past, present, and future persons listed in this paragraph. The arbitration provision and class action waiver may be enforced by or against any person or entity purporting to bring claims on your behalf, including any agent, representative, executor, guardian, or trustee. The arbitration provision and class action waiver may also be enforced by or against any person or entity who acquires any right or interest that, but for the transfer of the right or interest, would have belonged to us or an Intended Beneficiary of this arbitration agreement.
- Severability. With the exception of any of the provisions in subsection (14.3.1) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (14.3.1) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms will continue to apply.
- Arbitration Opt-Out Procedure. IF YOU ARE A NEW MERATAS USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO MERATAS, INC., ATTN: LEGAL DEPARTMENT, 317 WEST AVE., PO BOX 113343, STAMFORD CT 06902. You must file any opt-out notice with firstname.lastname@example.org. Opt-outs must include the subject line “Opt-Out” and the email body must include your name, address, phone number, and the email address(es) used to log into the Meratas account(s) to which the opt-out applies. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms, including all other provisions of this Section will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If you opt out of arbitration, we reserve the right to terminate our relationship with you.
- Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Meratas prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Meratas. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.meratas.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may notify us in writing within the 30 day period, and you will not be bound by the amended terms.
- No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Indemnification. You agree to defend, indemnify and hold Meratas, our parent, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Meratas harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Meratas Services, and/or your violation of any law or the rights of a third party.