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Terms of Use - As of November 1, 2009

Welcome to "YourPlanForTheFuture," the Web portal of the Massachusetts Educational Financing Authority ("MEFA"), in collaboration with the Massachusetts Department of Higher Education and the Massachusetts Department of Elementary and Secondary Education. MEFA and its partners provides this service to you subject to the following Terms of Use which may be updated from time to time without notice to you. In addition, when using particular MEFA services ("Services"), you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. By accessing and using the domain www.YourPlanForTheFuture.org/.com/.net and all subdomains (the "website"), you are agreeing to be legally bound by these Terms of Use.

1. GENERAL.

"YourPlanForTheFuture" (the "website") provides users with access to a wealth of resources and information on-line to assist parents and high school students with the college search and admissions process. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Use. You understand and agree that the Services provided through the website are provided "AS IS" and that neither MEFA, nor any of its partners or collaborators, assume any responsibility for the timeliness, accuracy or reliability of the Services, or for any deletion, incorrect delivery, or failure to store any user communications or personalization settings.

By using the website, you are representing to MEFA that:

  • You are at least 14 years old (or the minimum legal age in the jurisdiction in which you are viewing this website).
  • You will not use the website for any unlawful purpose.
  • You understand and agree that MEFA may discontinue or change the website and the Services at any time, without notice.
  • You also understand and agree that MEFA may discontinue or restrict your use of this website and the Services for any reason without notice.
  • You are familiar with and agree to abide by these Terms of Use, including any updates or changes to these Terms of Use. In the event that you are unwilling or unable to abide by any amendments or changes to these Terms of Use, you will inform MEFA immediately by e-mailing Customer Support at support@yourplanforthefuture.org or by calling 866-322-8241 and your use of the Services and website will be terminated.
  • You will not upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Services or any other computer linked to the Service, including computers of other users.

2. MEFA PRIVACY POLICY.

Data you provide and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at Privacy Policy.

3. MEFA PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY.

The technology, ideas, concepts, graphics, trademarks, service marks, trade dress, graphical user interfaces and computer software that enables or facilitates the Services, together with the collection of factual data associated with the Services and the website ("Content") is the property of MEFA or its licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws. Your use of the Services and this website and your access to the Content does not confer any right or license to use any of the Content for any purpose or by any means other than use in connection with the Service. This website and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, distribute, transmit, broadcast, circulate, modify, display, perform, publish, translate, create derivative works based upon, store, frame or link to any Content on the website without the express prior written consent of MEFA, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the website, the original source attribution, and the phrase in 14 point font "Used with permission from MEFA, Inc." Under no circumstances are you permitted to post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards or other websites, without the prior written consent of MEFA. To request consent for other matters, you may contact MEFA by contacting support@yourplanforthefuture.org. You further agree not to reverse engineer any aspect of the Service or the Content, nor to use your access of the Content, the Service or the website to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, website or the Services.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY.

You will create a password and account designation upon completing the MEFA registration process and becoming a member. For security reasons and the protection of your information, these passwords must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify MEFA at support@yourplanforthefuture.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MEFA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

The website includes facts, views, opinions and recommendations of consultants, individuals and organizations not under the direct control of MEFA. MEFA and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. You should always seek the assistance of a professional for advice on investments, taxes, financial aid, the law or other professional matters.

Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the website.

THE CONTENT, THE SERVICE AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND MEFA AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, QUALITY, SUITABILITY, TRUTH, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES OR THE CONTENT AVAILABLE THROUGH THE WEBSITE, OR THE WEBSITE ITSELF.

WITHOUT LIMITING THE FOREGOING, MEFA AND ITS AFFILIATES, AGENTS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE SERVICE OR SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, or (E) THAT USE OF THE SERVICES, THE CONTENT OR THE WEBSITE COMPLIES WITH ANY FEDERAL, STATE OR LOCAL LAW RELATING TO PRIVACY OR DATA SECURITY, AND MEFA HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE FOREGOING. NEITHER MEFA NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE, THE SERVICES AND/OR ANY CONTENT ON THE WEBSITE.

IN NO EVENT WILL MEFA, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICE, THE CONTENT OR THE WEBSITE. MEFA AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. COPYRIGHT INFRINGEMENT - DIGITAL MILLENNIUM COPYRIGHT ACT.

MEFA respects the intellectual property of others. MEFA may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

BY MAIL: Massachusetts Educational Financing Authority 160 Federal Street, 4th Floor Boston, MA 02110

BY TELEPHONE: 866-322-8241

BY FACSIMILE: 617-261-9765
Notice of Infringing Material Please provide a notification containing the following details:

  1. 1. Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
  2. 2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. 3. Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
  4. 4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. 5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. 6. Your physical or electronic signature.

7. LINKS TO THIRD PARTY SITES.

This website contains hyperlinks to websites operated by persons other than MEFA. Such hyperlinks are provided for your reference and convenience only. You agree not to hold MEFA responsible for the content or operation of such websites. A hyperlink from this website to another website does not imply or mean that MEFA endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this website. If you wish to make purchases from a website that is linked to this website, but is operated by a person other than MEFA (a "linked site"), you may be asked by the merchant or operator of the linked site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. You agree not to hold MEFA liable for any loss or damage of any sort incurred as a result of any such dealings with any linked site or merchant or operator of the linked site, or other person from whom you are making the purchase.

8. ADDITIONAL LEGAL TERMS.

These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if these Terms of Use were a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. Neither this Agreement, nor your use of MEFA Services or of this website creates an agency, partnership or employer/employee relationship between MEFA and you. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved.

These Terms of Use are the entire and final agreement regarding this website, its Content and the Services and supersede any prior or contemporaneous communications between MEFA and you regarding this website, its Content and the Services.

9. TERMINATION.

You agree that MEFA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the website and the Service, and remove and discard any content within the website, for any reason, including without limitation, for lack of use or if MEFA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. MEFA may also in its sole discretion and at any time discontinue providing Services to you, with or without notice. You agree that any termination of your access to the website and/or the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that MEFA may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the services provided in the website. Further, you agree that MEFA shall not be liable to you or any third-party for any termination of your access to the Services.

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