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Terms and Conditions of Use of HESC Web (last revised 6/11/12)

This portion of www.hesc.ny.gov (herein HESC Web) is intended for authorized use by authorized business partners of New York State Higher Education Services Corporation (HESC). Authorized HESC business partners are those customers who have signed Electronic Financial Aid Network (EFAN) Agreements with HESC. If you are a school or lending institution and wish to become an authorized business partner with HESC, please call us at 1-866-431-HESC (1-866-431-4372) Option 2.

Proper Use and Users of this Site

HESC Web and all data on it are the property of HESC. Each authorized business partner shall follow the current guidelines regarding proper use and users as outlined in the EFAN Agreement signed with HESC, subsequent amendments to said EFAN Agreement and the “Responsibilities Regarding the Security and Use of User IDs and Passwords” document which was provided with each ID and Password assigned to them, and these Terms and Conditions. In addition, each business partner shall ensure that each of its Users remains compliant with the current EFAN Agreement, the current “Responsibilities Regarding the Security and Use of User IDs and Passwords” and these Terms and Conditions. Any unauthorized or attempted unauthorized use of HESC Web is prohibited, may constitute a federal or state crime and may be prosecuted as such.

Unauthorized attempts to upload or alter information on HESC Web are strictly prohibited and may be punishable under state and federal law. Unauthorized attempts to view, download or alter the information contained herein is strictly prohibited and may be punishable under state and federal law. You may not distribute, modify, copy, transmit, use or reuse information herein for commercial purposes, except as authorized by your EFAN Agreement.

Privacy Policy

The home page of this site contains a link to HESC’s website Privacy Policy. Please review this Privacy Policy each time you visit this site, as it may be amended from time to time.

Copyright Notice

Everything you read, see, or use on HESC Web belongs to HESC, the State of New York, or another owner where noted. You cannot use it except as provided for in your EFAN Agreement and these Terms and Conditions. HESC does not intend to infringe on another’s copyrights. If you believe anything you find on HESC Web violates another’s copyright, please contact: General Counsel, NYS Higher Education Services Corporation, 99 Washington Avenue, Albany, New York, 12255, (518) 474-3219.

Confidentiality Guidelines for this Site

Information maintained by HESC on HESC Web is confidential. The authorized business partner agrees to secure any information accessed from HESC Web, and to limit the disclosure of such information to their staff who need such information for the express purpose of administering financial aid programs. A breach of the confidentiality of information contained in this site is a violation of federal and state laws, and may be prosecuted. The authorized business partner shall indemnify and hold HESC harmless from any damages occasioned by any breach of confidentiality.

No Privacy or Property Interest of Data Input by Business Partners

HESC Web and all data on it are the property of HESC, therefore any data input by business partners on these pages becomes HESC property. Any use of HESC Web constitutes express consent to monitoring, accessing or capturing and use of information in any manner by HESC, without additional notice to authorized business partners. In addition, authorized business partners who use HESC Web should have no expectation of privacy. While HESC makes every attempt to maintain the confidentiality of data input by authorized business partners, the absolute confidentiality of such information is not guaranteed by HESC.

Disclaimer

HESC makes no representations or warranties with respect to HESC Web or its contents, which HESC provides for your use “as is” and “as available”. HESC disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to HESC Web. HESC does not warrant: the functions, information or links contained on HESC Web; that its contents will meet your requirements; that HESC Web, or its contents, are fit for any particular purpose; that the operation of HESC Web or its contents will be uninterrupted or error-free; that defects will be corrected, or that HESC Web or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots, or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion regarding implied warranties may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, will HESC be liable to you or any other user or third party for any direct, special, incidental or consequential damages or expenses, including attorney’s fees that result from your use of, or your inability to use HESC Web, or any part or functionality thereof, even if HESC or a HESC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

These Terms and Conditions and any claim or cause of action arising out of, or relating in any way to HESC Web, shall be governed by the laws of the State of New York, without regard for New York’s choice of law statute. You agree that any claim or cause of action arising out of, or relating in any way to this site and/or these Terms and Conditions shall be determined by a New York court of competent jurisdiction as prescribed by New York State Education Law, Section 653(4).

Severability

The provisions of these Terms and Conditions of Use of HESC Web shall be construed to be independent and severable and if any provision shall be held invalid or otherwise unenforceable, such will be severed and the remaining provision(s) will remain in full force and effect.

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