Terms of Use

ECMC Education, Inc. Terms of Use

Last modified: January 31, 2020

Your use of the ECMC Education website (Website) represents your agreement to comply with all terms, including notices, of this site and our Privacy Policy. ECMC Education may change these terms at any time, and your use is subject to the changes. If you do not accept these terms, do not use this Website.

These Terms of Use cover the Website—www.ecmceducation.org—and all online forms on this Website used to collect personal information; it does not cover third-party sites that are linked to or from the Website. ECMC Education may change these terms at any time and your use is subject to the changes. Such changes to these Terms of Use are effective upon posting on the Website and your use of the Website after such posting will constitute your acceptance of such changes. If you do not accept these terms, do not use this Website. Use or reproduction of the content or materials for any purpose not expressly permitted in writing by ECMC Education is prohibited. ECMC Education reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.

Copyright
Copyright 2015-2020 ECMC Education. All rights reserved. One copy of the information presented here may be downloaded so long as the information remains intact—with a copyright notice clearly visible—and is not resold or redistributed without prior written permission of ECMC Education.

Trademarks
The ECMC Group, Educational Credit Management Corporation (ECMC), ECMC Education, ECMC Solutions, ECMC Education, Inc., ECMC Holdings Corporation, ECMC Foundation, Altierus, and Records & Receivable Management Corporation names and logos and all related product service names are trademarks, service marks or registered trademarks of their respective owners.

Disclaimer
All materials, information and services included in or available through this Website are provided "as is" and "as available" for your use. ECMC Education disclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT, or any warranty arising from a course of dealing, usage or trade practice. No verbal advice or written information provided by ECMC Education shall create a warranty; nor shall visitors to the Website rely on any such information or advice. ECMC Education does not warrant that the content of this or any related Website is accurate, reliable or correct; that this Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you, and you may have additional rights.

Limitation of Liability
ECMC Education and its suppliers shall not be liable for any DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result from the use of, or inability to use, this Website. Nor shall ECMC Education be liable for any such damages, including, but not limited to, reliance by a visitor on any information obtained via the Website, or that results from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if ECMC Education has been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, liability shall be limited to the extent permitted by law.

Prohibited Activities
ECMC Education reserves the right to investigate and terminate your use of the Website for misuse, behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal. Inappropriate, unlawful or illegal conduct includes, but is not limited to:

  • Impersonating another person or entity;
  • Expressing or implying that any statements you make are endorsed by ECMC Education or ECMC Group without ECMC Education's or ECMC Group's specific prior written consent;
  • Using any robot, spider, side search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • Posting, distributing or reproducing any copyrighted material, trademarks or other proprietary information without obtaining the express prior written consent of the owner of such proprietary or intellectual property rights;
  • Removing any copyright, trademark or other intellectual property rights or notices included on the Website;
  • Interfering with or disrupting the Website or the servers or networks connected to the Website;
  • Posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • Forging headers or otherwise manipulating identifiers to disguise the origin of any information transmitted;
  • "Framing" or "mirroring" any part of the Website without ECMC Education's prior written authorization;
  • Using meta tags or code or other devices containing any reference to ECMC Education or the Website to direct any person to any other website for any purpose; and
  • Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, compiling, or otherwise disassembling any portion of the Website or any software used on the Website or causing others to do so.

Customer Service
ECMC Education provides assistance and guidance through its representatives. When communicating with our representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially or religiously offensive, or otherwise behave inappropriately. If we feel that your behavior toward any of our representatives or employees is at any time threatening, abusive or offensive, we reserve the right to immediately cease such communication and terminate your use of the Website.

Indemnification
Upon a request by ECMC Education, you agree to indemnify, defend and hold ECMC Education harmless from all liability, loss, claim and expense, including attorney's fees, related to your violation of the Terms of Use or misuse of the Website. ECMC Education hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ECMC Education in asserting any available defenses.

International Use
Although the Website may be accessible worldwide, ECMC Education makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

Applicable Laws
All content and materials of this Website are protected by copyrights, trademarks, or other proprietary/intellectual property rights and laws. These terms and conditions shall be governed and construed in accordance with the laws of the state of Minnesota, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to this Website and the subject matter contained herein shall be maintained in the courts of the state of Minnesota or the federal district courts sitting in Minnesota, which courts shall have exclusive jurisdiction for such purpose.

Not Legal Advice
The information on this Website is not to be construed as legal advice. It should not be used to replace the advice of your own legal counsel. The information on this Website does not include a complete list of the rights available under state or federal law.

Changes to our Terms of Use
From time to time, we may update our Terms of Use to reflect changes in our practices and services. If we make material changes to our Terms of Use, we will notify you by posting notice of the changes on our Website. The date the Terms of Use was last modified is identified at the top of the page.

Other
If any provision of these Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If you have questions or have problems obtaining any information on our Website, please call 888-221-3262 or webmaster@ecmc.org.