Terms of Service

Terms and Conditions of Use of UniThriveSM Website

Welcome to the UniThrive website (the “Website”), which is owned and operated by UniThrive LLC (“UniThrive”), a not-for-profit limited liability company.  Through the Website, UniThrive helps to facilitate zero interest alumni-to-student lending in a unique environment that is described further on the Website at http://www.unithrive.org/about.  At UniThrive, we encourage your feedback as to how we may improve our Website or make your experience more fulfilling.  Because the Website is used to facilitate the matching of college students seeking loans with alumni lenders, the following Terms and Conditions of Use and our Privacy Policy together form a legal and binding agreement between you, the user (whether a student borrower or alumni lender) and UniThrive.

THIS WEBSITE AND THE SERVICES DESCRIBED HEREON ARE OFFERED TO YOU, THE USER, CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE FOLLOWING TERMS, CONDITIONS, DISCLOSURES AND NOTICES.  YOUR USE OF THIS WEBSITE CONSTITUTES YOUR EXPRESS AGREEMENT TO ALL SUCH TERMS AND CONDITIONS, WHETHER OR NOT YOU BECOME A LENDER OR BORROWER OR OTHERWISE USE THIS WEBSITE OR PARTICIPATE IN THE SERVICES THAT UNITHRIVE OFFERS.  ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE SPECIFICALLY RESERVED.  IF YOU DO NOT AGREE WITH ANY OR THE TERMS AND CONDITIONS OF THIS WEBSITE YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND ANY OF THE SERVICES HEREUNDER.  YOUR USE OF THIS WEBSITE, PARTICIPATION IN THE SERVICES PROVIDED HEREON, AND ANY INTERACTION  WITH OTHER USERS, ARE ALL AT YOUR SOLE DISCRETION AND RISK OF LOSS.

UNITHRIVE DOES NOT OFFER, AND THROUGH THE SERVICES OFFERED ON THIS WEBSITE IS NOT OFFERING, ANY TAX, LEGAL OR DEBT MANAGEMENT ADVICE, AND EACH LENDER AND BORROWER SHOULD CONSULT THEIR OWN TAX, FINANCIAL AND LEGAL ADVISORS OR CONSULTANTS BEFORE ENTERING INTO ANY TRANSACTION THROUGH THIS WEBSITE.

ALUMNI LENDERS ASSUME ALL RISK AND ARE SOLELY RESPONSIBLE FOR ASSESSING LENDING RISKS TO STUDENT BORROWERS.  UNITHRIVE MAKES NO UNDERWRITING OR ANY OTHER CREDIT ASSESSMENTS OF BORROWERS AND MERELY PROVIDES THIS WEBSITE AS A MEANS TO FACILITATE THE PAIRING OF ALUMNI LENDERS WITH STUDENT BORROWERS. ADDITIONAL ELIGIBILITY REQUIREMENTS, DESCRIPTION OF THE ALUMNI-TO-STUDENT LOAN PROGRAM AND OTHER PARTICIPATION REQUIREMENTS ARE SET FORTH ON THIS WEBSITE AT WWW.UNITHRIVE.ORG/ABOUT, ALL OF WHICH ARE DEEMED TO BE PART OF THESE TERMS AND CONDITIONS.

ALL BORROWERS AND LENDERS WILL BE REQUIRED TO SIGN A PROMISSORY NOTE IN THE FORM PROVIDED THROUGH THIS WEBSITE. THE TERMS OF THE PROMISSORY NOTE AND LOAN SERVICING AGREEMENT ARE ADDITIONAL LEGAL AGREEMENTS THAT ARE SUBJECT TO THEIR SPECIFIC TERMS.  BORROWERS AND LENDERS ARE ENCOURAGED TO CONSULT WITH THEIR OWN LEGAL AND FINANCIAL ADVISORS BEFORE SIGNING SUCH DOCUMENTATION.

Use of this Website and participation in any of the services of UniThrive shall be in strict compliance with these Terms and Conditions of Use, our Privacy Policy, and all other procedures, guidelines, disclosures and agreements set forth on this Website and under applicable law.  The Privacy Policy is deemed to be a part of these Terms and Conditions of Use.

UniThrive reserves the right to update or modify any of these Terms and Conditions of Use.  Notification of changes in these Terms and Conditions of Use will be posted on this Website.  Your continued use of the Website after any such update or modification constitutes your acceptance of and agreement to such changes.

(1) License for Personal Use Only.  This Website is provided for your personal and noncommercial use.  You may not modify, copy, distribute, license, transmit, reproduce, re-display, transfer or sell any information, products, or services offered through or obtained from this Website.  UniThrive grants you a limited license to access and make personal use of this Website and you may download and print pages and information from this Website only for your personal, non-commercial, use and reference.

You may not engage in advertising to, or solicitation of, any user or any other person or entity to buy or sell any products or services through this Website.  You may not transmit any chain letters or junk email to any user or any other person or entity through this Website.  Illegal and/or unauthorized uses of this Website, including, but not limited to, collecting without authorization the name, email address or any other personal or confidential information of any user or any other person or entity by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken.

Although UniThrive does not, and assumes no obligation to, monitor the conduct of any user of this Website, it is a violation of these Terms and Conditions of Use to use any Content (defined below in item 9) to harass, abuse, or harm another person or entity, or to contact, advertise to, solicit, or sell any products or services to any user or other person or entity.  UniThrive reserves the right to restrict the number of emails that a user may send to others through this Website, to delete any information that UniThrive deems inappropriate, and to restrict your access to the Website or participation in UniThrive’s services, all in UniThrive’s sole and absolute discretion.

In addition to the agreements and policies set forth in this Terms and Conditions of Use and otherwise on this Website, you agree not to:

*    Use this Website for any fraudulent or unlawful purpose;

*    Impersonate or harass any person or entity;

*    Falsify or provide false Content;

*    Interfere with or disrupt the operation of this Website or any user’s ability to use this Website;

*    Knowingly or negligently transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, robot, spyware or other malicious code;

*    Restrict or inhibit any other person from using this Website, including by means of hacking or defacing any portion of this Website;

*    Interfere with or violate any other site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users;

*    Modify, adapt, translate, reverse engineer, decompile or dissemble any portion of this Website;

*    Misuse passwords;

*    Frame or mirror all or any part of this Website, or use any meta tags, key words or any other “hidden text” utilizing the UniThrive name without the express, prior, written consent of UniThrive;

*     Transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of UniThrive, its affiliates or any third party or person, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity;

*    Transmit, store or otherwise make available material that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate or discriminatory speech, or adversely affects UniThrive’s business, or is otherwise objectionable in UniThrive’s sole discretion;

*    Use automated scripts to collect information from or otherwise interact with the Website;  or

*    Attempt to gain unauthorized access to the account information of anyone else, or to any computer systems or networks connected to any of our servers.

(2) The Funding Process.   Students cannot directly solicit alumni lenders and cannot view other students’ UniThrive profiles.  Alumni loans that are accepted by a student will not be funded until a student borrower electronically signs a standard promissory note in the form provided through this Site and returns the signed promissory note to UniThrive.  UniThrive then assists with the administration of the loan by arranging for the student’s college to credit the student’s college account for the amount of the loan.  No loan proceeds will be provided to the student directly.

Repayments of loans in accordance with the terms of the promissory note will be done by the student authorizing an electronic funds transfer from his or her bank or other cash account to UniThrive.  UniThrive will then arrange for the loan account with the alumni lender to be credited for the amount of each repayment.

(3) New Services and Enhancements.  UniThrive may from time to time enhance or introduce new services to this Website.  By using the enhancements or new services when they become available, you agree to be bound by terms and conditions relating to such enhancements or services.

(4) Use of Information Provided by You.  When you use this Website, the information you enter and the transactions you conduct may be retained and recorded by UniThrive as part of our records.  By using this Website, you consent to such recording and retention.  UniThrive may collect, process and use and allow others to use the information that you provide to us only in accordance with our Privacy Policy, and we may also share information regarding the manner in which you use this Website with other persons or entities only as permitted under our Privacy Policy.  We reserve the right to store information on your computer in the form of a “cookie” or similar file for purpose of modifying this Website to reflect users’ preferences and to further enhance your interaction with the Website.  A “cookie” is a  small text file typically containing a user’s browser and /or computer settings and other data used by a website, and is stored on the user’s computer.  You may configure your web browser to reject cookies, but doing so may impact your ability to use certain features of this Website.

(5) Charges and Transaction Fees.  You are responsible for all telephone, broadband, connectivity and other service charges you may incur in connecting to this Website, all charges imposed by any Access Service Provider, and any charges imposed by credit card companies if you use your credit card in connection with the services of UniThrive and your use of this Website.  There may be separate charges for obtaining other information or services that may be made available (directly or via hyperlinks) from this Website (i.e. services of Other Information Providers) for which UniThrive has no responsibility whatsoever.

IN ADDITION, IF YOU ARE A BORROWER WHO DEFAULTS UNDER ANY LOAN OBLIGATION OWED TO A LENDER, YOU MAY INCUR ADDITIONAL FEES AND EXPENSES, INCLUDING POSSIBLE LATE FEES, LEGAL FEES AND DEBT COLLECTION FEES, SUBJECT TO THE EXPRESS TERMS AND CONDITIONS OF THE LOAN DOCUMENTATION BETWEEN YOU AND SUCH LENDER AND APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS.

(6) Credit Agency Reporting.  

IN THE EVENT OF A BORROWER DEFAULT, UNITHRIVE, ACTING ON BEHALF OF ALUMNI LENDERS, RESERVES THE RIGHT IN ACCORDANCE WITH LAWS AND REGULATIONS TO NOTIFY APPLICABLE CREDIT AGENCIES OF SUCH BORROWER DEFAULT AND SUCH REPORTING MAY AFFECT BORROWERS’ CREDIT RATINGS. 

(7) OPERATION OF THE WEBSITE AND WARRANTY DISCLAIMERS.  THIS WEBSITE AND AL UNITHRIVE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNITHRIVE RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PORTION THEREOF), WITH OR WITHOUT NOTICE TO YOU.  YOU AGREE THAT  UNITHRIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, UNAVAILABILITY, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE OR ANY PORTION OF THE WEBSITE.  UNITHRIVE IS NOT LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELESS OF ANY CONTENT  OR USER CONTENT (DEFINED IN ITEM 9), WHETHER CAUSED BY ANY USER OR OTHER PERSON OR ENTITY, OR BY ANY OF THE EQUIPMENT, SERVERS, TELECOMMUNICATIONS SYSTEMS OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THIS WEBSITE OR ITS CONTENT.  UNITHRIVE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR THE THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATIONS, CONTENT OR USER CONTENT IN CONNECTION WITH THIS WEBSITE. 

UNITHRIVE IS NOT RESPONSIBLE FOR ANY MISINFORMATION, REGARDLESS OF A RESULT OF NEGLIGENCE OR FRAUD, POSTED ON THE WEBSITE OR OTHERWISE EXCHANGED BETWEEN, OR PROVIDED TO, ALUMNI LENDERS AND STUDENT BORROWERS.

UNITHRIVE HAS NO LIABILITY FOR ANY LOAN DEFAULTS OR ANY INABILITY BY ALUMNI LENDERS TO COLLECT THEIR LOANS.  UNITHRIVE IS NOT A GUARANTOR OR UNDERWRITER OF ANY STUDENT DEBT OR CREDITWORTHINESS.  BY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, YOU RELEASE AND ABSOLVE UNITHRIVE FROM ANY AND ALL LIABILITY FOR LOAN DEFAULTS OR MISINFORMATION POSTED ON THIS WEBSITE OR PROVIDED TO YOU, UNLESS DUE TO UNITHRIVE’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

UNITHRIVE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY OR LATENCY OF THE WEBSITE, AND NON-INFRINGEMENT. UNITHRIVE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT, USER CONTENT, MATERIALS OR SERVICES, OR TO STORE ANY PERSONALIZED USER SETTINGS OR INFORMATION ON THIS WEBSITE.   YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  UNITHRIVE MAKES NO WARRANTIES OF ANY KIND THAT THE WEBSITE AND ANY SERVICES OFFERED OR OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL BE ERROR FREE.

NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNITHRIVE, OR THROUGH YOUR USE OF OR ACCESS TO THIS WEBSITE OR UNITHRIVE’S SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE. 

UNITHRIVE NEITHER REPRESENTS, WARRANTS, COVENANTS, GUARANTEES NOR PROMISES ANY SPECIFIC RESULTS FROM USE OF THIS WEBSITE OR ANY OF THE SERVICES DESCRIBED HEREON.

POSTING OF ANY INFORMATION OR UPLOADING OF ANY DOCUMENTS OR PICTURES TO THIS WEBSITE IS ALL AT YOUR OWN RISK AND DISCRETION.  STUDENT BORROWERS WHO CHOOSE TO COMMUNICATE WITH LENDERS SHOULD EXERCISE THEIR OWN DISCRETION IN ENGAGING IN SUCH COMMUNICATION. PLEASE READ OUR PRIVACY POLICY AT HTTP://WWW.UNITHRIVE.ORG/PRIVACY FOR ADDITIONAL IMPORTANT INFORMATION ABOUT YOUR PRIVACY.

(8) Non-Discrimination.  UniThrive does not condone, encourage or tolerate any discrimination in the operation or use of this Website or in connection with any services offered through the Website.  This Website cannot be used for any discriminatory or deceptive practices or actions in violation of any federal, state or local laws or regulations.  UniThrive, in its sole discretion,  reserves the right to immediately terminate the access rights of anyone who it deems to be violating any federal, state or local laws or regulations, or who otherwise violates the personal rights of any individual.   

(9) Caching, Framing, Hyperlinks Prohibited.  UniThrive prohibits caching, unauthorized hypertext links to this site and the framing of any content available through this Website. We reserve the right to disable any unauthorized links or frames and specifically disclaim responsibility for other Internet sites linked to this Website.

(10) Links to Other Websites.  This Website may contain links to websites controlled, owned, and operated by third parties (the “third-party sites”).  UniThrive cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites only.  Links to third-party sites do not constitute an endorsement or recommendation by UniThrive of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk.

Such third-party sites may have a privacy policy different from that of UniThrive and the third-party site may provide less security than this Website.  UniThrive is not responsible for the content of any third-party web sites, nor does UniThrive make any warranties or representations, express or implied, including, but not limited to, implied warranties or warranties of merchantability or fitness for a particular purpose, regarding the content (or the accuracy of such content) on any third-party web sites, and UniThrive shall have no liability of any nature whatsoever for any failure of such links, other websites or the products or services offered or advertised at such sites or otherwise.

UniThrive will not be liable in any way to you or to any other person or entity for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by UniThrive or “force majeure” or any other cause beyond the reasonable control of UniThrive.

(11) Trademarks, Copyrights, User Content and Proprietary Rights.  “UniThrive” and the “UniThrive” logo are trademarks and service marks of UniThrive.  UniThrive owns and retains all intellectual property and other proprietary rights to such trademarks and logos, as well as to all text, graphics, layouts, designs, materials, information, pictures and documents displayed on or used in connection with this Website and any original coding used to create this Website (collectively, “Content”). 

This Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws and treaties.  This Website contains copyrighted material and other intellectual and proprietary information (including, but not limited to, the Content) of UniThrive and its users and licensors.  Except for information that is in the public domain or for which you have been given express written permission by UniThrive to do so, you may not copy, modify, publish, re-transmit, re-distribute, perform, display, create derivative works from or sell any of the Content or other related intellectual or proprietary material or information.

If you post any messages, pictures or other information on this Website (“User Content”), you agree that with respect to such User Content, you shall be deemed to have automatically granted  to UniThrive an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such User Content; (b) prepare derivative works from, and/or incorporate into other works, such User Content for any purpose deemed necessary by UniThrive in connection with the services offered through this Website and users’ obligations set forth in these Terms and Conditions of Use; and (c) grant and authorize sublicenses of the foregoing.  You represent and warrant that in uploading any User Content you have the right, power and authority to grant UniThrive the foregoing license and that the grant of such license  will not violate any other person’s or party’s rights.

(12) Confidentiality and Privacy.  UniThrive respects the privacy of all users of this Website.  Please review carefully the terms of our Privacy Policy, which forms a part of these Terms and Conditions of Use.  You acknowledge, consent and agree that UniThrive may, at its sole discretion, and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable laws, regulations, legal process or governmental requests; (b) respond to claims that any Content violates the rights of third parties, including, but not limited to, intellectual property rights; (c) enforce the Terms and Conditions of Use and the Privacy Policy as well as the other terms and provisions of this Website and investigate potential violations thereof; (d) detect, prevent or otherwise address fraud, security or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of UniThrive, its users or the public.

(13)    Account Termination.  UniThrive has the right, in its sole discretion and without advance notice or liability to you or any third party, to terminate any account you may open on this Website or otherwise suspend or prevent access to the Website, for cause, without limitation, based upon (a) breach or violation of these Terms and Conditions of Use or other agreements or guidelines of UniThrive, and including without limitation any misuse of any information posted on this Website or misuse of any student profile, (b) requests by law enforcement or government agencies, (c) UniThrive’s discontinuance of such account services or modification of the Website and (d) unexpected technical or security issues or problems.  Termination or suspension of a student’s account(s) may include removal of access to further loan offerings from alumni lenders and, at UniThrive’s sole discretion, the deletion of your Website information and account.

(14) LIMITATION ON LIABILITY.  BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT UNITHRIVE SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS WEBSITE, ITS SERVICES OR CONTENT, OR ANY INTERACTIONS BETWEEN ANY USERS OF THIS WEBSITE, WHETHER ONLINE OR OFFLINE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS OF USE MUST BE FILED WITH A COURT OF COMPETENT JURISDICTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR IT WILL BE FOREVER BARRED. 

YOU UNDERSTAND THAT ANY AND ALL DECISIONS MADE BY YOU WITH RESPECT TO PARTICIPATING IN OR REQUESTING INFORMATION REGARDING ANY SERVICES DESCRIBED ON THIS WEBSITE ARE YOURS ALONE. UNITHRIVE CANNOT AND DOES NOT VERIFY THE ACCURACY OF THE CONTENT OF OTHER USERS OR PARTICIPANTS IN THE SERVICES OF UNITHRIVE.  UNITHRIVE SHALL NOT BE RESPONSIBLE, OR HAVE ANY DUTY OR OBLIGATION TO, OR LIABILITY FOR: (A) DECISIONS OR INTERACTIONS RESULTING (DIRECTLY OR INDIRECTLY) FROM PARTICIPATION IN ITS SERVICES OR USE OF THIS WEBSITE OR (B) ANY DAMAGES, COSTS, LOSSES OR EXPENSES A USER INCURS AS A RESULT (DIRECTLY OR INDIRECTLY) OF PARTICIPATION IN ITS SERVICES OR USE OF THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(15) Modification.  Neither this Terms and Conditions of Use nor any enrollment form that may be posted to this Website may in any way be altered by you without UniThrive’s express written agreement.  Any attempt by you to alter the Terms and Conditions of Use or any enrollment form posted to this Website without our express written agreement shall be void and shall have no legal effect.  The Terms and Conditions of Use contained on this Website are subject to change by UniThrive at any time.  Notice of changes shall be made by adding any changes to this document, which will remain posted at this Website.  You agree to review these conditions from time to time for changes and updates.

(16) Indemnification.  You agree to defend, indemnify and hold harmless UniThrive and its directors, members, employees, agents and representatives from and against any and all liabilities, costs, damages  and expenses, including reasonable attorneys’ fees, costs and disbursements, related to any violation or breach by you of these Terms and Conditions of Use, any other policies of this Website, or any violation of law or the rights of any third party or person.

(17) Applicable Law.  Regardless of where you live, work or from where you access this Website, these Terms and Conditions of Use and all other information on this Website, and your relationship with UniThrive, will be governed by the laws of the State of New York.  UniThrive controls the Website from its offices within the United States, and the Website and its Content are intended for use only in the United States.  You acknowledge and agree that you use and access the Website on your own volition and are solely responsible for compliance with applicable local laws.

(18) Special Notice for California Residents. Under California Civil Code Section 1789.3, California users of the Website may be entitled to receive contact information in order to resolve a complaint regarding any services offered through the Website or to receive further information regarding use of any such service.  Please submit any such complaints or questions to the following: contactus@unithrive.org.

You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

(19) Consent to Jurisdiction and Venue.  BY USING THIS WEBSITE OR ANY OF THE SERVICES OFFERED THROUGH THE WEBSITE, YOU AND UNITHRIVE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK WITH RESPECT TO ANY DISPUTE, CLAIM, BREACH OR ANY OTHER MATTER RELATING TO OR CONCERNING THIS WEBSITE, THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEBSITE AND ANY SERVICES OFFERED THROUGH THE WEBSITE, AND YOU AND UNITHRIVE WAIVE ANY OBJECTION TO SUCH VENUE AND ANY DEFENSE BASED ON INCONVENIENT FORUM.

(20) Additional Miscellaneous Terms.  UniThrive’s failure to exercise or enforce any of it rights or any provisions of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you and UniThrive agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect.  You agree that there are no third party beneficiaries to these Terms and Conditions of Use. The section headings used in these Terms and Conditions of Use are for convenience only and shall not be given any legal import.  These Terms and Conditions of Use, inclusive of our Privacy Policy, constitute the entire agreement between you and UniThrive with respect to the Website and supersede any and all other prior agreements or understandings, oral or written, between you and UniThrive.  You agree and acknowledge that you are not relying on any oral or written statement of UniThrive or anyone else unless expressly set forth in these Terms and Conditions of Use.

Copyright © 2009 UniThrive LLC. All rights reserved worldwide.

Last updated: June 14, 2009.

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What UniThrive does do in facilitating and maintaining UniThrive loans:

1.    UniThrive is a platform that enables alumni of a particular educational institution to provide loans for a student at that institution.
2.    UniThrive enables alumni to make interest free loans to the selected student through the UniThrive payment processing system, which is powered by PayPal (PayPal User Agreement)
3.    UniThrive provides the legally-binding promissory note between alumni and students. All loans on the site are issued promissory notes with the same terms and cannot be customized.
4.    UniThrive disseminates the funds on behalf of the student directly to the educational institution
5.    UniThrive reminds students of due payments through platform and e-mail correspondence
6.     UniThrive facilitates repayment of loans through online system
7.    UniThrive disburses collected monies to alumni lenders
8.    UniThrive, in the case of delinquency or default, will turnover promissory note to a collections agency, which will attempt to collect outstanding funds and report to credit bureaus.

What UniThrive does not do in facilitating and maintaining UniThrive loans:

1.    UniThrive is not held liable for repayment not made to alumni
2.    UniThrive as an entity, does not engage in credit reporting, but does so through a third party
3.    UniThrive does not engage in collections activity, this is an outsourced function
4.    UniThrive does not offer tax advice