Terms Of Use

Graduate Leverage, LLC, doing business as GL Advisor, and its affiliated companies, Graduate Leverage Insurance Services, LLC and Graduate Leverage Investment Advisory Services, LLC ("GL" or "we" or "us" and “our”) have designed, and maintain, a group of websites (the “Sites”). The Sites, which include www.graduateleverage.com , www.gladvisor.com, www.gladvisor-ins.com, and www.glinvestmentadvisor.com (the "Sites"), are designed to provide you with a more personalized process for the origination and servicing of your federal and private loans, education debt management services, investment, insurance and tax preparation services. As used on the Sites, the term “you” means any person who views, accesses, uses, or obtains information from these Sites or who obtains information by monitoring activity to and from the Sites.

Acceptance of Terms

Please read the following terms and conditions (“Terms of Use”) carefully. GL grants you a limited license to access and make personal use of the Sites subject to these Terms of Use. By using our Sites in any way, you are agreeing to comply with these Terms of Use. Unless we expressly provide otherwise, these Terms of Use incorporate and, to the extent of any inconsistency, supersede any other terms associated with the files and software applications available on the Sites’ domains. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITES. If you have any questions that are not answered anywhere on the Sites, please contact us at 400 Fifth Avenue, Suite 600, Waltham, MA 02451.

These Terms of Use may be revised at any time by our updating this notice and posting it on the Sites. We will post important changes to these Terms of Use to the Sites. You are bound by any such revisions if you continue to use the Sites after we have posted the changes. We suggest that you periodically visit this page to review the most recent Terms of Use.

Your Responsibilities

You agree to comply with our rules and policies regarding use of the Sites, as published from time to time by us. You agree that your use of the Sites will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Sites. Possible evidence of use of these Sites for illegal purposes will be provided to law enforcement authorities.

You agree not to interrupt or attempt to interrupt the operation of these Sites in any way. You agree that you will not interfere or attempt to interfere with the proper functioning of the Sites or any transaction conducted on the Sites in any manner, including but not limited to the introduction or propagation of worms, viruses or other code as well as using the Sites without authorization to enter any other machine, database or program accessible via the Sites.

You understand that access to restricted areas of these Sites may be a criminal violation. You agree not to access such locations, nor attempt to obtain or decrypt any passwords or other security protection associated with the Sites. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content provided to us.

You are permitted to use content delivered to you through the service, including Yodlee, Inc., only on the service. You agree not to reproduce, distribute, reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Sites or to use any robot, spider or other process, automatic or manual, to monitor, copy (except as otherwise expressly permitted hereunder), modify or create derivative works of its content or any materials related to the Sites or any of the services provided by us through the Sites. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.

If you enroll to receive any services on these Sites, you will receive login information and a password to access such services. You are responsible for maintaining the confidentiality of your login information and password, and shall be fully responsible for any and all activities occurring through the use of your login and password. You agree to notify GL immediately of any unauthorized use of your login, password and/or account or any other breach of security of these Sites. GL may terminate your login and password and otherwise terminate your use of the services portions of the Sites in its sole discretion, for any reason.

If you enroll to receive any services on these Sites, you agree to provide accurate, complete and up-to-date information about yourself and your accounts at other websites. You agree not to misrepresent your identity or your account information. If any of the information you provide is not true, inaccurate, incomplete or out of date, GL may terminate your login and password and otherwise terminate your use of the services portions of the Sites.

Privacy Notices

When you visit one of our Sites, your use of the Site and your computer are protected by our Online Privacy Policy. For more information, please read our Online Privacy Policy and Consumer Privacy Policy. Because we take your privacy seriously, you may receive an additional privacy policy from us.

Ownership/Use of Content

All content included on these Sites, including but not limited to trademarks and service marks (except as otherwise provided in these Terms of Use), text, graphics, logos, button icons, images, audio clips, and software (collectively the “Content”) and the collection, arrangement and assembly of the Content is the exclusive property of GL, and is protected by applicable U.S. and international intellectual property laws including without limitation patent, trademark and copyright law. The Content may not be used in any manner without our express written permission or as otherwise permitted by applicable law and, except as expressly set forth in these Terms of Use or permitted by applicable law, any use, including without limitation reproduction, modification, distribution, transmission, creation of derivative work(s), republication, display, reverse engineering, license, sale or performance of the Content of these Sites is strictly prohibited.

You are licensing to GL and its service providers, including Yodlee, Inc. (“Yodlee”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the service. GL and Yodlee may use, modify, display, distribute and create new material using such Content to provide the service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, GL and Yodlee may use the Content for the purposes set out above. As between GL and Yodlee, GL owns your confidential account information.

By using the service, you authorize GL and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant GL and Yodlee a limited power of attorney, and you hereby appoint GL and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN GL OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, GL AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.

Trademarks

All trademarks, services marks, trade names, logos, icons and domain names located on these Sites are our property, or the property of others (where so indicated). Your use of any trademark, service mark, trade name, logo, icons and domain name displayed on these Sites without our written permission, or the permission of other owners, is strictly prohibited.

Copyrights

These Sites contain software, photographs, graphics, text, images and other material (collectively “Material”) that are protected by copyright law. All such Material also is copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Material. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Material, in whole or in part. We grant you permission to electronically copy and print in hard copy portions of these Sites (and to download software made available on the Sites) solely for your personal use and in connection with researching the products offered on the Sites. Otherwise, you may not reproduce or distribute in any way Material protected by copyright without obtaining our prior written permission. You may use, copy and distribute the materials and information on the Sites for internal, informational purposes only. Any copy you make of the material must bear any copyright, trademark, service mark or other proprietary notice that pertains to the material being copied.

If you feel that any Content on this website infringes your copyrights, you may notify us by contacting us at the following address: 400 Fifth Avenue, Suite 600, Waltham, MA 02451. Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on this website, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury) that: (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; and (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). We will take appropriate action after receipt of such information to appropriately address the copyright issues raised, including, if necessary, removal of any infringing material.

Our Responsibilities

Our responsibility is to provide you with the information and services described in these Terms of Use in a commercially reasonable manner.

IMPORTANT DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITES AND THEIR CONTENTS IS AT YOUR SOLE RISK. THE SITES, THEIR CONTENTS, AND SERVICES ARE PROVIDED "AS IS", AND NONE OF GL, ITS EMPLOYEES, OR AGENTS WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR FREE FROM ERROR.

GL, IT’S EMPLOYEES AND AGENTS FURTHER DISCLAIMS ANY WARRANTY THAT THE SITES, AND SOFTWARE OR INFORMATION CONTAINED THEREIN ARE FREE FROM VIRUSES, WORMS OR OTHER MALICIOUS OR DESTRUCTIVE CODE, AND MAKES NO WARRANTY REGARDING ANY SERVICES OR TRANSACTIONS ENTERED INTO ON THESE SITES. CALCULATORS AND TOOLS ON THE SITES PROVIDE YOU WITH ESTIMATES THAT MAY BE DIFFERENT FROM ACTUAL AMOUNTS IN YOUR PARTICULAR SITUATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE YODLEE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GL AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

GL AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GL OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IN CERTAIN JURISDICTIONS, LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES IS NOT PERMITTED; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF THE LIMITATIONS OR EXCLUSIONS STATED ABOVE ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM LIABILITY OF GL, ITS EMPLOYEES, AND AGENTS COLLECTIVELY SHALL NOT EXCEED $100.

IN NO EVENT SHALL GL, ITS EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. YOU EXPRESSLY AGREE THAT ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THESE SITES ARE HEREBY EXCLUDED.

YOU AGREE THAT NEITHER GL OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF GL OR YODLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

Third Party Websites

We may provide links to other websites controlled or offered by third parties (“Linked Websites”). These links are offered for informational purposes only. Our inclusion of a link to a Linked Website does not imply approval or endorsement of the Linked Website or any products or services offered on Linked Websites. We are not responsible for the content, accuracy, reliability or opinions expressed in Linked Websites. We have not investigated or monitored the Linked Websites for accuracy or completeness. The Linked Websites may have different privacy policies and security standards from ours. We are not responsible if any terms shown on our Sites differ from those shown on the Linked Website.

Blogs and Posted Content

Minors

We do not intend to solicit information from children or market any products or services to children through these Sites.

E-mail

E-mails that you send to us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a Social Security number, or if you need specific details about any information contained in our Sites, you should contact us by regular mail or as indicated on the Contact Us page. If you choose to use e-mail to communicate confidential information, you assume the risk that your e-mail may not be secure.

Breach; Indemnity

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to and use of the Sites as well as any of your other current activities involving the Sites if you breach these Terms of Use.

You will indemnify us and our subsidiaries, affiliates, officers, directors, agents, employees and third party service providers against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Sites or your use of or conduct on the Sites, or any violation of these Terms of Use.

You agree to protect and fully compensate GL and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.

Electronic Writings and Notices

The parties agree that any legal requirement of a written agreement or memorandum between them may be satisfied (1) by an e-mail, (2) by an electronic record of a document to be stored, retrieved and printed, or (3) by any other method recognized as a writing under the federal Electronic Signatures in Global and National Commerce Act (“E-Sign”). Unless the special consumer provisions of E-Sign apply, any notice under these Terms of Use may be given (1) to you at the e-mail address you provide (if any), and (2) to us at info@graduateleverage.com. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided during the enrollment process. In such case, notice shall be deemed given three (3) days after the date of mailing. If the special consumer provisions of E-Sign comply, you will receive additional information before you receive electronic notices.

Governing Law; Limitations on Claims

The laws of the United States and the Commonwealth of Massachusetts will govern the content and use of these Sites, without giving effect to conflict of law principles.

We control these Sites from our offices within the United States. We make no representation that the content on our Sites is appropriate, legal or available for use in other locations. Those who choose to access the Sites from other locations do so at their own initiative and are responsible for compliance with applicable local laws. By registering for or entering these Sites, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Massachusetts.

The failure of GL to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any court of competent jurisdiction determines any provision of these Terms to be invalid or illegal, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms of Use shall remain in full force and effect. You agree, that regardless of any law, statute or regulation indicating to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Sites must be filed within one year of such claim or cause of action arising or it shall be forever barred.

Compliance with Export Laws and Regulations

United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any such technology derived from our Sites to either a foreign national or a foreign destination in violation of such laws.