Effective Date: April 12, 2018

Overview

Thanks for visiting us! Whether you’re a visitor to our website meetsummer.org or have a user account with us and use our tools, software, and other features (collectively, with our website, our “Services”), you agree to be bound by these Terms of Use. Please read these binding terms carefully. You represent and acknowledge that you are at least 18 years of age and are legally authorized to accept and be bound by these Terms of Use.

 

Summer Services

Summer, PBC provides educational resources to help student loan borrowers make smarter decisions. Our website displays information about student loans and general recommendations, such as refinancing or consolidating loans with third party lenders.  We do not endorse any individual lenders or re-financing services who may be listed on our website, and it is your obligation to carefully consider the appropriateness of any recommendations listed on your account in light of your own personal circumstances. We assume no liability, obligation or responsibility for their actions or your relationship with them. Any correspondence, applications, or agreements, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with your relationship with such third parties, are solely between you and the third party.

You represent and warrant that all information you provide us is truthful and accurate, and you will maintain the accuracy of your account information. You agree that your use of the Services does not violate any U.S. or other applicable law or regulation. You are solely responsible for maintaining the confidentiality of your account information (including your login credentials and password) and for all activities that occur under your account.  

 

Your Consent to Use Electronic Communications

When you contact Summer by email or through the website, you grant us permission to contact you electronically or via text message through the communication details provided by you. You agree that all agreements, notices, disclosures and other communications that Summer provides you electronically satisfy any legal requirement that such communications be in writing.

 

Security

Summer cares about the integrity and security of your personal information. However, Summer cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Restrictions on Use

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without our express written consent, which may be withheld in our sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;  
  • Attempt to gain an unauthorized access to any portion of the Services, use the Services for any unlawful purpose, or otherwise interfere or disrupt the Services in any way;
  • Rent, lease, or use the Services for any commercial purpose; or
  • Remove or obscure any proprietary notices on the Services.

 

Intellectual Property

We work extra hard to ensure our customers recognize and trust our brand. All contents of our Services, including logos, code, software, text, graphics, images, and the layout are exclusively owned by Summer and/or its Partners, and are protected under the U.S. and international copyright and trademark laws. You may download or print information and materials on our website for personal, noncommercial purposes. No portion of the information or materials contained in the website may be downloaded, reprinted, republished, modified or distributed for commercial purposes without the express written permission of Summer. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Services.  

 

Inaccuracies

Our website displays your student loan information, which through no fault of our own, may be inaccurate or false. It is your responsibility to review all student loan information against account statements and other materials you receive from your student loan lender or other financial institution. If you believe that the loan information you have provided to use for your Summer user account does not accurately reflect your student loan history and information, we recommend that you contact your student loan servicers and providers and/or the U.S. Department of Education.  Once you have confirmed any corrections needed to your loan information, you can provide us with the corrected loan information. For assistance in making such corrections, please use our contact information as noted in the “Contact Us” section below.

 

Disclaimer of Warranties and Limitation of Remedies

YOU AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, CREDIT REPAIR COMPANY, DEBT CONSOLIDATOR, DEBT ADJUSTOR, CREDIT REPORTING AGENCY, LOAN SERVICER OR INVESTMENT ADVISOR OR BROKER. INFORMATION PROVIDED ON OUR WEBSITE IS NOT INTENDED TO PROVIDE LEGAL OR TAX ADVICE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, WHICH ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUMMER IS NOT RESPONSIBLE FOR THE DELETION OF OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED BY YOU ON THE SITE. SUMMER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. YOUR NEEDS AND REQUIREMENTS MAY BE DIFFERENT DEPENDING ON YOUR PARTICULAR CIRCUMSTANCES AND SUMMER DOES NOT GUARANTEE THE APPLICABILITY OR ACCURACY OF INFORMATION PROVIDED ON THE WEBSITE TO YOUR PARTICULAR CIRCUMSTANCES. THE INFORMATION AND TOOLS MADE AVAILABLE ON THE WEBSITE ARE INTENDED ONLY TO BE USED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES.       

SUMMER AND ITS PARTNERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

WE MAKE NO REPRESENTATION THAT ANY STUDENT LOAN RECOMMENDATION LISTED ON THE WEBSITE, INCLUDING STUDENT LOAN REFINANCING AND/OR CONSOLIDATION, WILL BE ACCEPTED BY A THIRD PARTY FINANCIAL INSTITUTION, OR THAT IT WILL BE SUCCESSFUL OR ACHIEVE A PARTICULAR OUTCOME. WE ASSUME NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH THIRD PARTY FINANCIAL INSTITUTION LISTED ON THE WEBSITE, THEIR ACTIONS OR YOUR RELATIONSHIP WITH THEM. ANY CORRESPONDENCE, APPLICATIONS, OR AGREEMENTS, INCLUDING THE DELIVERY OF AND THE PAYMENT FOR GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH YOUR RELATIONSHIP WITH SUCH THIRD PARTIES, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.  IN USING OUR SERVICES, WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO REDUCE YOUR STUDENT LOAN DEBT, OR RECEIVE FORBEARANCE OR FORGIVENESS.

 

Indemnification

You agree to indemnify and hold harmless Summer and its Partners, and the officers, directors, agents, employees, licensors, distributors, and representatives of Summer and its Partners, from and against any and all claims, demands, actions, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with the Services, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Services; or violation of any applicable law.

 

Compliance

We may monitor your use of our website to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services.  You acknowledge and agree that you remain solely responsible for your account information.

 

Changes

Summer may occasionally change these Terms of Use, and post updated versions on our website.  We will indicate on our home page when our Terms of Use have changed. Your continued use and access to the Services following any changes to these Terms of Use will constitute your acceptance to the changes. You agree to review these Terms of Use periodically, and any changes will be effective upon posting of the revisions on the website.  

 

No Waiver

The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

Choice of Law

You agree that these Terms of Use are governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law.  Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New Castle County, Delaware. In the event that any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.