Terms of Service | Frank

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Terms of Service

Last updated: July 23, 2019

Welcome to TAPD. This website, and the information, products or services offered by TAPD through this website (the “Services”) are offered by TAPD, Inc. (“TAPD,” “we,” our,” or “us”). Our Services include a platform through which students at particular educational institutions (each, a “Student”) seeking financial aid and their parent (each, “Parent”) can apply and connect with providers of such financial aid (each, a “Provider”), a subscription Service through which a Student may enroll in a number of benefit programs, and a tuition refund disbursement advance program under which a Student may obtain an advance against the value of their pending financial aid credit balance refund. Your obligations and rights under these Terms may vary depending on the portions of the Services you use. The following terms and conditions (“Terms”) govern your use of our Services. By accessing, viewing, or using our Services, you indicate that you have read and understand these Terms, that you agree to them and are legally bound by them. You do not have to create an account in order to use or access certain portions of the Services. If you do not agree to these Terms, if you are under 15 years of age, if you are not a legal resident of the United States, or you are otherwise denied permission to use our Services, you must discontinue your access to and use of the Services immediately and not return. Our Privacy Policy withfrank.org/privacy-policy is incorporated herein by reference. Please also read it carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms, including the Privacy Policy and any other documents described here, govern your use of the Services and constitute a legal contract between you and TAPD.

1. Registration. In order to access certain content, services, products, or benefits on our Services, you will be asked to register and create an account. By registering an account on our Services, you represent that you are 15 years of age or older and a legal U.S. resident. Depending on your intended uses of our Services, you may be asked to designate your account as either a Student Account (i.e., for a Student) or a new Parent Account (i.e., for a Parent). Also as part of the registration process, you may be asked to select a username and password, and may be required to provide TAPD with certain information about yourself, including some types of personally identifying information such as your email and home addresses and your employer or educational institution. You agree to provide accurate, current, and complete registration information, and to maintain and promptly update the registration information to keep it accurate and complete. Any information that you provide to TAPD through our Services or email is subject to TAPD’s Privacy Policy withfrank.org/privacy. Such information may be processed automatically by software and/or manually.The username and password are for your personal use only and only you are permitted to access our Services, the Services Materials (as defined below), and the User Content (as defined below) through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may suspend your account at any time by suspending the account within your profile or by emailing us at info@withfrank.org. If you are aware of any illegal or improper activity on your account, it is your responsibility to inform TAPD immediately. By registering, you are subscribing to notification emails that will inform you of updates to the Services. You can unsubscribe or manage your notification frequency settings at any time from these emails by logging into your account and changing your notification settings, or by following the directions in the email themselves.

2. Verification. By registering with our Services, you hereby authorize TAPD to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process or in connection with your use of the Services, including by reviewing public records or conducting background checks. You acknowledge that while TAPD reserves the right to verify these representations and warranties, TAPD is not obligated to do so, and may choose not to do so at TAPD’s sole discretion. Please be advised that prospective financial aid providers may check the veracity of what you provided, including by conducting background checks.

3. FRANK Membership TAPD offers a number of benefits to Students who are at least 18 years old that choose to subscribe to the Frank Membership. These include (i) access to a curated database of scholarships that may be available to the Student, (ii) enrollment in the Student Advantage discount card program, (iii) assisting Students with deciding among financial aid options; (iv) for members who signed up prior to October 12, 2018, reimbursement for the cost of subscription to the Hulu.com and Spotify.com media streaming services, up to $15 per quarter; and (v) the ability to apply for the Frank Tuition Refund Disbursement Advance Service described in Section 5. Subscription to the Frank Membership is subject to payment of an annual fee of up to $250, which is billed in monthly installments. The full term of membership is one calendar year from the enrollment date. Members may cancel their enrollment in the Frank Membership at any time, but they will be subject to a $100 early cancellation fee. TAPD may cancel the service at any time, at which point members will not be charged the remaining monthly fees for their full term of membership.

At the conclusion of the full term of membership, the membership will be automatically renewed, unless the member notifies TAPD of his or her intention not to renew at least 30 days prior to the end of the membership term by email at info@withfrank.org or by regular mail at 444 Madison Avenue, 36th Floor, New York, New York, 10022.

4. Aid Appeal Service In order to access the Aid Appeal Service, you will be asked to register and create an account in accordance with Section 1 above, and you must be at least 18 years old. The Aid Appeal Service is also available to Students that have a Frank Membership. The Aid Appeal Service is directed to Students who have already received an offer of financial aid from an educational institution and seek to obtain additional financial aid from such educational institution. Through the Aid Appeal Service, TAPD will provide you with a consultation with an Aid Appeal Specialist and an Aid Appeal letter to help you negotiate for additional financial aid. TAPD CANNOT GUARANTEE AND DOES NOT GUARANTEE THAT ADDITIONAL FINANCIAL AID WILL BE OBTAINED BY USING THE AID APPEAL SERVICE.

The cost of the Aid Appeal Service is a one-time fee of $144.99 for  Students who do not have a Frank Membership. Please note that this fee is charged regardless of the outcome of the aid negotiation. The Aid Appeal Service is included in the Frank Membership at no additional cost.

You authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your e-mail, and your postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third-parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable taxes or other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

5. Frank Tuition Refund Disbursement Advance Service. TAPD offers advances to Students attending universities located in the United States against the value of Student’s pending financial aid credit balance refund. We advance fixed sums of money on an unsecured basis over a fixed period of time. In order to obtain an advance through the Frank Tuition Refund Disbursement Advance Service, you will be asked to complete a loan application with TAPD, and you must be at least 18 years old. Any advance is subject to our approving your application and your executing a written loan agreement with TAPD (a “Loan Agreement”). The Loan Agreement contains required information regarding the terms of the advance, including the duration of the advance, the fact that the advance does not accrue any interest, how to cancel the advance, how to repay the advance early, the total amount you have to repay, and any charges that may be payable under the Loan Agreement if you are in default. TAPD reserves the right to monitor transactions made with the advance for improper use and/or fraud.

6. Proprietary Rights. As between you and TAPD, TAPD owns all right, title, and interest, including all intellectual property rights, in all data, content, graphics, forms, artwork, images, photographs, functional components, and any software concepts and documentation and other material on, in, or made available through our Services other than User Content (“Services Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Materials. Under no circumstances will you have any rights of any kind in or to the Services Materials, other than the right to use the Services Materials in accordance with these Terms. As between any user of the Services and TAPD, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the Services are proprietary to TAPD or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Using our Services does not give you ownership of any intellectual property rights in our Services, the Service Materials, or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. For clarity, these terms do not grant you the right to use any branding or logos used in our Services. Certain features of the Services (including the registration processes described in Section 1 above) may allow you to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, for access, use, viewing, and commentary by other users to the Services (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Services and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with any person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; or (g) constitute disclosure of any confidential information owned by any third party. You retain all right, title, and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to TAPD, you grant TAPD a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. This license continues even if you stop using our Services or your use of the Services is terminated or ceases for any reason. If you believe that any content or postings on our Services or the Application violate your intellectual property or other rights, please follow our Complaint Procedure in Section 14 of these Terms.

7. Unauthorized Activities. You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, including any information related to the Financial Aid, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with TAPD, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for TAPD as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials or User Content, unless otherwise authorized by these Terms or in a separate written agreement with TAPD, or it is User Consent that you posted; (g) attepting to gain unauthorized access to TAPD’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of, our Services; (h) any resale or commercial use of our Services, the Services Materials, or the User Content; (i) using our Services to access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging, or otherwise interfering in any way with any security features of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of TAPD is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to TAPD and that in the event of such unauthorized use, TAPD shall be entitled to an injunction in addition to any other remedies available at law or in equity.

8. Third Party Web Sites and Content. TAPD is a private company, and is not affiliated with any educational institution, including any university or college. Our Services may contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, and any other third party material or content on, or made available through, our Services is entirely at your own risk. TAPD does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of TAPD’s third party payment processors. TAPD does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.

9. Communications Consent. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call you, leave you a voice prerecorded, or artificial voice message, or send a text, e-mail, or other electronic message to you for any purpose related to billing for the Services, for surveys or research, or for any other informational purpose related to the Services (each, a “Communication”) using an automatic telephone dialing system or otherwise. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call or text you at any telephone number associated with your account for receipt of the Services, including cellular telephone numbers, and may send an e-mail to any email address associated with your account for receipt of the Services. You also agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your data service provider may. In addition, you understand and agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may always communicate with you in any manner permissible by law that does not require your prior consent. If you do not want to receive calls, texts, emails, or other electronic messages, you can unsubscribe by sending an email to info@withfrank.org or by calling a customer service representative at 347-690-7886 specifying your preference. To stop text messages, you can also simply reply “STOP” to any text message we may send you. It may take up to 48 hours for us to fulfill changes to your subscription. Please note that unsubscribing may prevent us from relaying important information to you about your account.

10.Availability of the Services. TAPD uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. TAPD will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that TAPD shall not be liable for any modification, suspension, or discontinuance of our Services and that all amounts paid for our Services are nonrefundable.

11. Disclaimer. Without limiting anything else in these Terms or otherwise, TAPD is not responsible for any errors or omissions in our Services or the Services Materials. TAPD, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by TAPD, any Student, or any third party), links, advertisements, or other items contained within our Services. TAPD reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. TAPD cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, or products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion. Any interaction between you and any other individual or entity through our Services or arising out of your use of our Services, including any interactions between other business entities and Students, is solely between you and that other individual or entity. TAPD expressly disclaims any responsibility for any interactions between Students and other business entities. You agree that you shall evaluate and bear all risks associated with the use of our Services. THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. TAPD AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICE MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN. AND MADE AVAILABLE THROUGH OUR SERVICES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NON­INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.


13. Indemnification. You shall indemnify and hold harmless TAPD and its directors, officers, employees, agents, contractors, and licensors (“TAPD Indemnitees”) against all claims, actions, suits, and other proceedings and all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) (each, a “Claim”) arising out of or incurred in connection with any breach by you of these Terms; your use of our Services, the Services Materials, the User Content, or any services, product, or data obtained through our Services; or your fraud, violation of law, negligence, or willful misconduct, except to the extent attributable to TAPD. You may not settle any Claim that imposes any liability on TAPD, requires TAPD to pay any amounts, or requires TAPD to take any action, in each case without the prior written consent of TAPD.

14. Copyright Infringement Complaint Procedures. If you believe that any content or postings on our Services violates your copyright or other rights, please notify TAPD by email at info@withfrank.org or by regular mail at 444 Madison Avenue, 36th Floor, New York, New York, 10022. Your message must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

15. Changes to these Terms. TAPD reserves the right at any time to modify, alter, or update these Terms. Your use of our Services following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited our Services before the change was made. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. TAPD may suspend or terminate your account and/or your ability to use our Services for failure to comply with these Terms, for inactivity on our Services, for providing TAPD with untrue or inaccurate information about yourself, for infringement upon TAPD proprietary rights, or for any other reason whatsoever or for no reason.

16. Relationship Between the Parties. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.

17. Governing Law These Terms represent the entire agreement between you and TAPD with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules.

18. Arbitration.

a) Either party to these Terms, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 18 (the “Arbitration Provision”), unless you opt out as provided in Section 18(b) below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any assign (or persons claiming through or connected with us and/or any assign), on the other hand, relating to or arising out of these Terms, the Services, and/or the activities or relationships that involve, lead to, or result from the Terms or the Services, including (except to the extent provided otherwise in the last sentence of Section 18(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or these entire Terms. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

b) You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to 444 Madison Avenue, 36th Floor, New York, New York, 10022, only if received at the specified address within 30 days of the first date on which you access, view, or use our Services. The opt-out notice must clearly state that you are rejecting arbitration with respect to these Terms; provide your name, address, and social security number; and be signed by you. You may send the opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt-out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.

c) The party initiating arbitration shall do so with the American Arbitration Association or JAMS. The arbitration shall be conducted according to the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The location of any arbitration elected under this Arbitration Provision shall be the federal judicial district in which you reside at the time at which arbitration is elected.

d) If we (or any assign) elect arbitration, we (or the assign, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the assign, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the assign) pay them and we agree (or the assign agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

e) Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.

f) We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 18(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 18(f) shall be determined exclusively by a court and not by the administrator or any arbitrator.

g) This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

h) This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to these Terms or the relationship of the parties and/or assignee; and (ii) the bankruptcy or insolvency of any party or other person. If any portion of this Arbitration Provision other than Section 18(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 18(f) are finally adjudicated pursuant to the last sentence of Section 18(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

i) For the avoidance of doubt, this Section 18 shall not apply to any arbitration arising under a Loan Agreement under the Frank Tuition Refund Disbursement Advance

19. Miscellaneous. Our Services are controlled and operated from within the United States. Without limiting anything else, TAPD makes no representation that our Services, Services Materials, or User Content, is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of TAPD to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” If you have any questions regarding these terms, you may reach us at info@withfrank.org.

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