terms - PYT Funds
Terms of Use
Effective Date: May 2020

 

Thank you for using www.gopyt.com (the “Website”). These Website Standard Terms and Conditions (the “Terms”), contained herein this webpage, shall govern your use of this Website, including all pages within this Website. These Terms apply in full force and affect your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions. These Terms are provided on behalf of PYT Funds, Inc. and their affiliates (together, “PYT Funds, inc.”, “PYT”, “PYT Funds”, “Pay Your Tuition”, “Company”, “we”, or “us”). These Terms are a legally binding agreement between you and PYT Funds, Inc. If you do not agree to these terms without limitation or exclusion, you should exit this site.

 

Privacy

PYT Funds collects information about you through your use of the Services. By using the Services, you agree that PYT Funds may retain, use, and publish information collected through your use of the Services. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

This website is not intended for use by children. If you are under 17, you may use this website only with the involvement of a parent or guardian.

Your information may be transferred to, and processed and stored in, the United States or other jurisdictions in accordance with applicable law in that jurisdiction. If you do not agree to these terms, do not use this website.

We share information that we collect with affiliates when a customer consents to such sharing or the information is released in connection with a written agreement for the sole purpose of providing products or services covered by such written agreement. When the customer directs us not to share when given notice and an opportunity to opt out, we will not share information with affiliates. If you have any questions about how we collect, store and use your information, you may contact us by emailing us at [email protected]

 

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, PYT Funds and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

 

Restrictions

You are expressly and emphatically restricted from all of the following: Publishing any Website material in any media; Selling, sublicensing and/or otherwise commercializing any Website material; Publicly performing and/or showing any Website material; Using this Website in any way that is, or may be, damaging to this Website; Using this Website in any way that impacts user access to this Website; Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; Using this Website to engage in any advertising or marketing. Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older. Certain areas of this Website are restricted from access by you and PYT Funds may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

Loan Pre-Registrations and Applications

You may be presented with the opportunity to pre-register and/or apply for a loan through the Website. When pre-registering or applying for a loan on the Website, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, PYT Funds has the right to terminate your loan pre-registration and/or application and to decline to provide any and all future use of the Website. We reserve the right to decline your application for a loan.

 

Terms of Use and Conditions of The PYT Crowdfund Platform

PYT shall disburse all funds raised on the PYT crowding fund platform to the Student’s current University, College, or higher education institution that he or she is enrolled in at the time of the disbursement request. Excess raised funds to their respective educational institutions based on their total demonstrated educational financial need will remain with PYT Funds until a need is established. Need is based on their total cost of attendance, including technology, tuition, transportation, health insurance, board, housing, and other such needs as determined by either the University of record or Pay Your Tuition Funds Inc. Should the amount raised by a student exceed their total cost of attendance as determined by their financial institution for that academic year, the excess should be reserved for the future academic financial need for that student again based on the total cost of attendance at that school or a future academic institution. (e.g. graduate or professional school). In the event that the amount raised by a student exceeds all present and future cost of attendance for a student, that student may designate another eligible student(s) to receive excess funds raised not to exceed their total cost of attendance or the student may request that the excess funds go towards an outstanding federal student loan. PYT will make a direct payment to one of federal student loan servers listed Student Loan Servers. Students are encouraged to discuss their concerns about the total cost of attendance with both PYT and their respective financial aid offices. The cost varies greatly regarding expenses outside of the financial aid office scope or view and PYT will always strive to do what is the best interest of the student.  If the excess funds after one(1) year are not assigned per the terms above they will be automatically deposited into the Pay Your Tuition Foundation and then granted as scholarships to other students who qualify for awards.  PYT will not litigate for any reason and policy is agreed to by the student as a term of using the www.gopyt.com website. Unresolved disputes will result in all of the remaining funds to be returned to the original donor.  Distribution of funds will always be less any distribution fees or PYT fees.

 

Your Account

You may be required to create an account to use certain parts of the Website. When you create an account, you will be required to pick a username and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately at [email protected].

 

User Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant PYT Funds a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. You may have the opportunity to share content or information, including, but not limited to, your name, email address, or other information that you provide. Your Content must be your own and must not be infringing on any third party’s rights. PYT Funds reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice. You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use. All information you provide to PYT Funds about yourself or about any third party for the purposes of Scoring must be true, accurate, current and complete. Lenders may access personal information about other Users only with their express consent. Trying to access other Users’ data without their express consent will result in blocking your ability to access PYT Funds services and terminating your account. Content and information that you share will be available to other users of our Website. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you. You agree that you will not use the Website or for commercial purposes. PYT Funds may use your personal data, user data and other information collected through the Website to help us improve the content and functionality of the Website, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

 

Disclaimers

Other than as specifically set forth herein, the Services are provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. You agree that the use of the Services is at your risk. PYT Funds makes no warranty of any kind to you or any third party, express, implied or statutory, with respect to the services, operation of the services, or output of or results obtained from the services, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, operability, compliance with applicable law or non-infringement and all such warranties are hereby excluded by PYT Funds and waived by you. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

 

Participation Information

None of the information contained in this Website constitutes a recommendation, solicitation or offer by PYT Funds or its affiliates to buy or sell any securities or other financial instruments or other assets or provide any investment advice or service. The information contained in this Website has been prepared without reference to any particular user’s lending or investment requirements or financial situation. The information contained and Services offered in this Website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where PYT Funds is not authorized to provide such information or Services. Some products and Services described in this Website may not be available in all jurisdictions or to all potential Users.

 

Limitation of liability

In no event shall PYT Funds, nor any of its officers, directors and employees, be liable to you for anything arising out of, or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and PYT Funds, including its officers, directors and employees.

 

Indemnification

You hereby indemnify to the fullest extent PYT Funds from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Variation of Terms

PYT Funds is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

Assignment

PYT Funds shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between PYT Funds and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

Governing Law & Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law. The parties waive any right to a jury trial in any proceeding arising out of or related to the terms of use or any confidential information, intellectual property rights, or self hosted services that are the subject of the terms of use. Any and all disputes arising under these terms shall only be resolved by courts located in the State of Delaware and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use. In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

 

Customer Communication

You agree that we and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, pre-recorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to your loan with us, our products and services, or surveys or research (each a “Communication”). You agree that we and any of our affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your loan, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.

 

Information You Provide Directly to Us

We may collect information from you during your use or access of the Platform, such as:

When you register for an Account;

When you participate in polls or surveys;

When you enroll for electronic newsletters;

When you request a quote or other information;

When you submit a quote;

When you make a purchase;

When you fill out any forms;

When you enter a sweepstakes or contest, or register for a promotion;

When you transmit User Content;

When you download or use one of our mobile applications; or

When you otherwise communicate with us or other users through the Platform.

This list is illustrative, not exhaustive; the Privacy Policy applies to all use of the Platform. The information you provide directly to us may concern you or others and may include, but is not limited to: (a) name; (b) zip code; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers); (g) date of birth; (h) insurance information; (i) photographs; (j) information about your project, request or need; (k) video or audio files; and/or (l) in certain circumstances, payment and/or identity verification information. It may also include information specific to services you are requesting or offering through the Platform, such as a business name, service description, qualifications and credentials. You are not required to provide us with such information, but certain features of the Platform may not be accessible or available, absent the provision of the requested information. Information from Affiliates, Social Networking Sites, and other Non-affiliated Third Parties We may collect information about you or others through PYT FUNDS affiliates or through non-affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or "likes." Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information including any information you make public, please consult the sites' privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.