1. Introduction

These Terms and Conditions (the “Terms”) INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED IN SECTION 14, govern access and use of this website (the “Website”) operated by or on behalf of Savi Solutions PBC (“Savi”). “You” and “your” refer to the person using this Website or, if you registered for the Website, the person who registered for the Website. By using this Website as an unregistered user, you hereby accept these Terms through such use (and if you do not wish to accept these Terms you must cease all use now and going forward immediately). If you are a registered paying user, these Terms apply to you on the date you register for an account and accept these Terms (for users who first registered after the date set forth above) or the date you renewed your account and accepted these Terms (for users who had registered for an account prior to the date set forth above). You must not use this Website if you disagree with any of the terms or conditions set forth in these Terms. This Website is not intended for children, and you must not use this Website if you are under the age of 18 years old. You also must not use this Website if it is not lawful to do so in the jurisdiction in which you reside. The owner of the Website is based in the District of Columbia in the United States. Savi provides this Website for use only by persons located in the United States. Savi makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Special terms apply if you are a registered user (whether or not if you paid or the account was paid for you by your employer or financial institution). If you are a registered user, the term of your registration is the calendar year in which you registered. During such term you will be provided access to certain premium features available only to paid, registered users. The details of those premium features are provided in a welcome email sent at the time of registration, which is made a part of these Terms for that calendar year term. At the end of the calendar year your premium features will expire unless you pay for an additional calendar-year term, even if you remain a registered user.

2. Intellectual Property Rights

Other than the content you own, under these Terms, Savi and/or its licensors own all the intellectual property rights and materials contained in this Website. Subject to your compliance with these Terms, you are granted a limited, non-exclusive license to view the material contained on this Website for personal, non-commercial use only; provided, however, that you may copy these Terms. Any rights in or to any content on this Website not expressly granted herein are reserved by Savi and/or its licensors. The name of Savi, the term bySavi and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You must not use such marks without the prior written permission of Savi. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

3. Restrictions

You shall not:

1. copy or publish any content from the Website in any other media;
2. publicly perform and/or show any content on the Website in any other media;
3. sell, sublicense and/or otherwise commercialize any Website content, feature or functionality;
4. use this Website in any way that is or may be damaging to this Website or its users;
5. use this Website in any way that adversely affects user access to this Website;
6. use this Website contrary to applicable laws and regulations, or in any way may cause harm to any person or business entity;
7. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
8. use this Website to engage in any advertising or marketing; and/or
9. use this Website to create any tool, feature or functionality that is intended to offer some or all of the benefits available to users of this Website or is intended to test, improve or otherwise train such a tool, feature or functionality.

Certain areas of this Website are restricted from being accessed by you and you shall not endeavor to access restricted areas of the Website.

4. Accessing the Website and Account Security

Savi reserves the right to withdraw or amend this Website, and any service or content we provide on the Website, in our sole discretion without notice; provided, however, that if you paid Savi for use of this Website and your use in materially adversely effected by any such amendment or withdrawal then upon request Savi will issue you a pro-rata refund for the remaining time you are not able to use this Website for which you had paid. Notwithstanding the foregoing, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any reasonable period of time that is not a result of us withdrawing this Website from public use. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy available at https://www.bysavi.com/privacy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Certain features or functionality of the Website may be available only if you or a third party on your behalf pay a fee for such features and/or functionality. If you used the Website in the manner intended to seek savings in your student loan payments and you paid Savi a fee (not counting any fees paid by third parties on your behalf), and you did not save (either from reduced payments, rebates, abatements, discounts, delayed payments or any other means of payment reduction) at least the amount of the fee you actually paid to Savi in the one-year period starting on the date you paid such fee, you may seek recovery of the fee under Savi’ limited money-back guarantee. To receive your fee under the limited money-back guarantee you should email us at Partners+Legal@bysavi.com with the proof of payment along with an explanation of the situation. Savi reserves the right to request documentation relating to your submissions using the Website and the adjustments (or rejection of adjustments) to any student loan payments you may have received in connection with such submissions before honoring the limited money back guarantee.

You must treat your user name and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Savi has the right to disable any user name or password at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms.

5. Your Content; Links

In these Terms, “Your Content” shall mean any audio, video text, images or other material you choose to submit to or through this Website. You grant Savi a non—exclusive, worldwide, irrevocable right and license, including the right to grant and authorize sublicenses, to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be subject to any third party intellectual property or similar rights. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Savi has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. No warranties

This Website is provided “as is,” with all faults, and Savi, its licensors, and any of its business associates from whom you may have received the opportunity to access this Website, each make no representations or warranties of any kind, whether express or implied, relating to this Website or the content, features and functionality contained on this Website. You acknowledge that the implied warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed and do not apply to your use of the Website. Also, you acknowledge that there are no representations or warranties that the content contained on the Website, or that the advice provided by the Website, is accurate, complete or correct, or useful or suitable for your situation or purposes. No warranty is made as to the level of service provided by any lender or the quality of any loans or lending products.

7. Limitation of liability

IN NO EVENT SHALL SAVI SOLUTIONS PBC, ITS LICENSORS, ANY OF ITS BUSINESS ASSOCIATES FROM WHOM YOU MAY HAVE RECEIVED THE OPPORTUNITY TO ACCESS THIS WEBSITE, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR ADVISERS (COLLECTIVELY, THE “WEBSITE PROVIDERS”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, FEATURES OR FUNCTIONALITY ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT DAMAGES MAY NOT BE FULLY DISCLAIMED, SUCH DAMAGES SHALL BE LIMITED IN THE AGGREGATE TO NO MORE THAN $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH OF THE WEBSITE PROVIDERS DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENT, FEATURES AND FUNCTIONALITY, INCLUDING ANY ADVICE PROVIDED THEREBY, AVAILABLE THROUGH THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE FOREGOING.

If the Website is being made available to you in connection with an employment or membership relationship, the disclaimer of warranties and the limitation of liability set forth in this agreement shall apply equally to the employer as to Savi.

8. Indemnification

You hereby indemnify to the fullest extent Savi and the other Website Providers from and against any and/or all liabilities, costs, demands, causes of action, damages, judgments, awards, losses, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your breach of any of the provisions of these Terms.

9. Severability

If any provision of these Terms is found to be invalid under any applicable law, it is the intention of the parties that such provision(s) either be reformed to as closely resemble the intent of the parties and yet be valid under applicable law, or if that cannot be the case then be deleted from these Terms, in either case without affecting the remaining provisions of these Terms or invalidating the agreement otherwise expressed by these Terms.

10. Changes to Terms

Savi may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Savi post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes, even if you are a registered user. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

11. Assignment

The Savi is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Entire Agreement

These Terms constitute the entire agreement between Savi and you in relation to your use of this Website, and supersede all prior agreements and understandings, whether written or oral.

13. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the District of Columbia, United States, without regard to its conflicts of laws principles.

14. Dispute Resolution

Any and all disputes arising from or relating to these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be submitted to final and binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association applying District of Columbia law. Any such arbitration shall conducted in the metropolitan area of Washington, DC before a single arbitrator selected in accordance with such rules, and the decision of such arbitrator shall be final and binding. Excluding filing fees, all fees for such arbitration shall be shared equally by the parties, unless the arbitrator concludes that the losing party should bear any or all fees of such arbitration. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Not a Financial Planner, Broker or Tax Advisor

The content, features and functionality of the Website, including the services offered here therein, is made available solely for general information purposes only, and is not intended to provide any legal, tax or financial advice. Savi is not a financial planner, broker or tax advisor. The Website and its content, features and functionality are intended only to assist you in providing options for your financial organization and decision making and is broad in scope; you are solely responsible for evaluating any advice or other information that might result from your use of the Website and determining in your discretion whether acting on such advice or information is or is not in your best interest. Your personal financial situation is unique, and any information and advice obtained through the Website may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from professionals, including your accountant or other financial advisers, who are fully aware of your individual circumstances.

By creating an account, You acknowledge that

1. You will make your own evaluation and decisions regarding what to do with your loans including the selection of any repayment plan, lender, and loan terms.
2. You will not rely on any projected savings or other information provided on the Website in deciding whether to refinance or change loan terms.
3. Savi is not responsible for monitoring or evaluating any loans, lenders, loan servicers, repayment programs, or other lending services that you may receive from any lender or government agency.
4. Savi is not affiliated in any way with any of the lenders or government agencies mentioned on the Website.
5. Savi has not provided and will not provide you with any legal advice, lender selection advice, credit management advice, tax advice, or any other kind of advice.
6. You will not see to hold Savi responsible for your decision to borrow money, or for the terms or results of any borrowing following your use of this Website, or for any actions a lender may take on your behalf.

The Website is an educational website with no affiliation with any lenders, loan servicers, or government agencies that are mentioned on the website or are linked to by the website. Therefore we cannot and do not guarantee the accuracy, completeness, or timeliness of information or lending services provided by a lender or student loan servicer to you. Savi is unable to review the work product of lenders or loan servicers and will not have any access to your confidential discussions with, or confidential information you provide, to a lender or loan servicer. If you access a loan servicer or lender to which a link is provided on the Website, that entity may ask you to agree to its own separate terms of use, user agreement, and other contracts associated with lending or loan servicing.