GRADPATH TERMS OF USE

Effective Date: December 27th, 2017
PLEASE READ THE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THIS WEBSITE AND RELATED SERVICES, INCLUDING THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION (AND NOT BY LAWSUIT) AND A LIMIT ON THE TIME YOU HAVE TO BRING LEGAL CLAIMS.

By accessing or using the GradPath web site at www.thriventstudentresources.com/gradpath ("Site") or the GradPath fundraising and social networking service or related services available through the Site ("Service"), you agree to the following Terms of Use. If you do not wish to agree to the following Terms of Use, you must not use the Site or the Service.

Thrivent Student Resources, a division of Thrivent Education Finance Group, LLC ("TSR") reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If this occurs, TSR will indicate at the top of these Terms of Use the date such document was last updated and post the revised version on the Site. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Use). Your continued use of the Site or Service after the posting of any changes to these Terms of Use will constitute your acceptance of such changes. If you do not wish to agree to the changes, you must stop using the Site and Service. In addition, TSR may provide other methods by which you may accept these Terms of Use or changes to these Terms of Use.

1. Privacy Policy

Please refer to our Privacy & Security Policy for information on how we collect, use and disclose personally identifiable information from Site users and customers.

2. Relation to Other Agreements

TSR’s provision of certain aspects of the Service to beneficiaries is also governed by the Beneficiary Registration Agreement, which you can review on the Site. In the event of a conflict or inconsistency between such agreements and these Terms of Use, the Beneficiary Registration Agreement will govern.

3. Eligibility

The Site and the Service are intended solely for, and may be used only by, persons who are eighteen (18) years of age or older (or the age of majority for your specific state of residence) and a legal resident of the United States.

 By using the Site or Service, you represent that you are at least 18 years old (or the age of majority for your state of residence) and a legal resident of the United States.

4. Registration and Registration Data; Account Security; Termination Rights

You may register for and maintain a single account for the Service, and you agree not to register for or maintain more than one account or authorize another person to use your account. TSR reserves the right to refuse registration, or to refuse or limit access to the Site and the Service, to anyone in its sole discretion for any reason or no reason. Without limiting the foregoing, we may terminate your registration, delete your account and any content or information that you may have posted in connection with your account, and/or prohibit you from using or accessing the Site or Service for any reason at any time. You may terminate your account and Service at any time in your sole discretion by cancelling your registration through the Site; however, if you have entered a Beneficiary Registration Agreement with TSR, your cancellation will be subject to the terms of the Beneficiary Registration Agreement.

You must provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data") and you must maintain the security of your username and password. You must maintain and promptly update the Registration Data, and any other information you provide to TSR, to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS YOUR ACCOUNT (INCLUDING CERTAIN FINANCIAL AND OTHER PERSONAL INFORMATION YOU PROVIDE TO TSR). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You must promptly notify TSR if you discover or otherwise suspect any security breaches related to the Service.

5. Acceptable Use

As a condition of using the Site and Service, you will not do any of the following:

  1. use the Site or Service in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law (including without limitation uploading, storing, transmitting, downloading, exporting or importing any sound recordings, images, videos, text, software, applications, sensitive data, technologies or other material in violation of copyright, privacy, child pornography, money laundering, money transmission, export or other applicable laws);
  2. use the Site or Service in a way that harms TSR or TSR’s affiliates or vendors, or any customer of TSR or its affiliates or vendors;
  3. make false or misleading statements to TSR or other users of the Service, including without limitation failures to provide complete and accurate information concerning the Service;
  4. fail to respond in a reasonable and timely fashion to requests from TSR;
  5. use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as "spam");
  6. attempt to use or register for more than one account for the Service;
  7. attempt to use or access the account of a person other than you (including any data or information stored under such account);
  8. damage, disable, overburden, hack into or impair the Site or Service (or the network(s) connected to the Site or Service) or otherwise interfere with anyone’s use or enjoyment of the Site or Service;
  9. attempt to reverse-engineer or otherwise discover or recreate any part of the Service (including any code, technology or methodology used in connection with the Service);
  10. resell or redistribute the Service, or any part of the Service, or otherwise use the Service for any purpose other than your own personal use;
  11. use the Service to store, display or publish any content or materials that TSR otherwise states on the Site as being prohibited; or
  12. use the Site or Service other than for their intended purpose.

6. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TSR has adopted a policy of terminating, in appropriate circumstances and at TSR’s sole discretion, account holders who are deemed to be repeat infringers. TSR may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe your work has been copied and is available on the Site or in the Services in a way that constitutes copyright infringement, please provide the Copyright Agent identified below with all of the following:

  • A physical signature of the person authorized to act on behalf of the owner(s) of the copyright interest.
  • The complete name and address of every copyright owner.
  • A description of the copyrighted work you claim has been infringed, including, if possible, the URL (the webpage address) or other electronic address of the location where the copyrighted work exists, or a copy of the copyrighted work.
  • Identification of the specific location on the Site where the material you claim is infringing is located.
  • Your name, address, telephone number and email address.
  • The copyright registration number issued by the U.S. Copyright Office and the date of that registration, if applicable.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The agent for notice of claims of copyright infringement can be reached as follows:

Email

BoxCopyrightAgent@Thrivent.com

Physical Mail

Thrivent Financial
c/o Copyright Agent
625 4th Ave. S
Minneapolis, MN 55415

7. Trademarks

GRADPATH WITH THRIVENT and the GRADPATH WITH THRIVENT logos and any other product or service name or slogan contained in the Site are trademarks of Thrivent Financial for Lutherans and may not be copied, imitated or used, in whole or in part, without prior written permission of. You may not use any metatags or any other "hidden text" utilizing "TSR" or any other name, trademark or product or service name of TSR without our prior written permission. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of TSR and its licensors  and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TSR.

8. Framing and Hyperlinks

You may not use, frame or utilize framing techniques to enclose any TSR trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without TSR’s express written consent.

TSR makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or, or of Web sites linking to the Site. Such sites are not under the control of TSR and TSR is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TSR provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by TSR of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

9. Submissions and Feedback

You agree that any materials, including questions, comments, suggestions, feedback, ideas, plans, notes, postings, original or creative materials or other information, regarding the Site or the Service that are provided by you in the form of email, web form, or other submissions to TSR ("Submissions") are non-confidential and shall become the sole property of TSR. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and TSR shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions do not include the data you store through the Service.

10. Fees

TSR does not charge fees for its services at this time. However, TSR reserves the right to change the fees associated with its services at any point in time without prior notice. For details on TSR’s services please see the Beneficiary Registration Agreement located on the TSR website.

11. Indemnification

You agree to indemnify and hold harmless TSR, its parent and affiliated corporations, and the directors, officers, employees, independent contractors, service providers, and agents of all of them (“TSR Parties”) from and against any claim, suit, investigation, action, proceeding, arbitration or hearing (“Claim”) and all costs, damages, losses, judgments, expenses (including reasonable attorney fees), obligations and liabilities of every kind and nature arising out of any actual or threatened Claim arising out of your use of, or inability to use, the Site or the Service. California residents: You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other jurisdictions: You agree to waive any comparable statute or doctrine.

12. Disclaimers

The Site and Service are provided "AS-IS" and TSR disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company in no way guarantees that any transfer of funds will occur from the use of the Service. Without limiting the foregoing, TSR does not represent that any content or materials on the Site or Service (including any promissory notes or other sample agreement forms) are accurate, complete, reliable, current or error-free. TSR is not responsible for any failure due to malfunction or loss of equipment, software or Internet service providers used by you, or due to malfunction or loss of equipment, software or services used by TSR which are beyond the reasonable control of TSR. TSR will have no liability in connection with any unauthorized interception, alteration or use of data relating to the Service, including without limitation e-mail correspondence; any inability to use or access the Site or Service for any reason; any actions or transactions by a person using your name and password without your authorization; or any other cause over which TSR does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the performance of any Internet service providers.

Additional important disclaimers:

  • TSR DOES NOT PROVIDE FINANCIAL, TAX OR LEGAL ADVICE.

  • STANDARDIZED DOCUMENTS AND OTHER MATERIALS ON THE SITE MAY NOT BE ENFORCEABLE OR COMPLIANT WITH APPLICABLE LAW IN EVERY JURISDICTION WHERE THEY MAY BE USED. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH MATERIALS AND YOUR COMPLIANCE WITH APPLICABLE LAWS.

  • IF YOU HAVE ANY QUESTIONS ABOUT ANY INFORMATION OR MATERIALS AVAILABLE ON THE SITE OR YOUR USE OF THE SERVICES, PLEASE SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL.

  • TSR IS NOT RESPONSIBLE FOR HOW BENEFICIARIES ULTIMATELY USE FUNDS PROVIDED BY DONORS. TSR DOES NOT DIRECTLY RECEIVE ANY DONATIONS OH BEHALF OF STUDENTS, AND AT NO POINT IN THE DONATION PROCESS DOES TSR EXERCISE ANY CONTROL OVER SUCH FUNDS. TSR IS UNABLE TO RETRIEVE ON BEHALF OF DONORS ANY FUNDS SENT TO BENEFICIARIES.

13. Limitation of Liability

IN NO EVENT SHALL ANY OF THE TSR PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (a) DAMAGES CAUSED OTHER THAN BY TSR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR (b) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF RELATED TO THE SITE OR THE SERVICE, EVEN IF A TSR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TSR PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE OR SERVICE EXCEED THE COMPENSATION YOU HAVE PAID, IF ANY, TO TSR FOR THE SERVICE.

14. Governing Law; Venue

These Terms of Use and your use of the Site and any Service shall be governed by and construed in accordance with the laws of the State of Wisconsin without reference to that state’s conflicts of laws rules. Wherever applicable and after exhaustion of administrative remedies specifically designated in this Agreement, judicial actions taken relative to this Agreement shall be brought in a court of competent jurisdiction, either state or federal, within the State of Wisconsin.

15. Mandatory Arbitration Provision; Limit on Time to Bring Claims

a.  You and the TSR Parties, and any third parties that you bring a Claim against at the same time you bring a Claim against any of the TSR Parties, agree that the sole and exclusive forum and remedy for any and all past, present or future disputes and claims arising out of or relating to these Terms of Use, the Site and/or the Service (including your visit to or use of the Site and/or the Service) (collectively, “Claims”) shall be final and binding arbitration, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, trade secret or other proprietary rights, such other party may seek injunctive or other appropriate relief. "Claim" is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. Provided, however, thatno individual action brought by you or GradPath in small claims court or an equivalent court is not subject to arbitration, unless such action is transferred, removed, or appealed to a different court. Nothing in that small claims court litigation shall constitute a waiver of any rights under this Arbitration Provision.In addition, disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, any dispute or argument that concerns the validity or enforceability of the Terms of Use as a whole is for the arbitrator, not a court, to decide. This Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. ( “FAA”).

b.  Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). 120 Broadway, Floor 21, New York, N.Y. 10271, www.adr.org. under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Consumer Arbitration Rules ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The arbitration will be conducted before a mutually agreed single (1) neutral arbitrator. If the parties are unable to agree upon a mutually acceptable arbitrator, the arbitrator will be selected by the AAA. If the AAA cannot serve, a court with jurisdiction will select the arbitrator. Under no circumstances will the arbitration hearing extend for more than one (1) day. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Arbitration Rules (for consumer disputes); provided, that either party may elect to have arbitration proceedings conducted by telephone, in which case TSR will be responsible for the reasonable costs of such telephonic communications. If the costs and fees of arbitration are determined by the arbitrator to be excessive in a consumer dispute, TSR will be responsible for paying all such costs and fees in excess of what is deemed reasonable. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys' fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be binding, except for any appeal rights under the FAA, and may be entered as a judgment in any court of competent jurisdiction. 

c.  NO CLASS ACTIONS OR SIMILAR PROCEEDINGS; JURY TRIAL WAIVER; SPECIAL FEATURES OF ARBITRATION. IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (i) HAVE A COURT OR A JURY DECIDE THE CLAIM; (ii) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (iii) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (iv) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

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 Claim(s) in arbitration, and shall not (i) 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 (ii) make an award for the benefit of, or against, anyone other than a named party.  No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, 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 shall be determined exclusively by a court and not by the arbitration administrator or any arbitrator.

d.  This Arbitration Provision shall survive any termination of this agreement, any termination of your registration, any cessation of your use of the Site or Services, any breach of this agreement, any bankruptcy or dissolution of any party. In the event of any conflict or inconsistency between this Arbitration Provision and the AAA’s or other administrator's rules or the rest of these Terms of Use, this Arbitration Provision will govern. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply; provided, however, that:

      i.         If Section 15c(iii), (iv) and/or (v) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding.

     ii.        If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in Section 15c prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

e. In no event shall any claim, action or proceeding by you related in any way to these Terms of Use, the Site or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

16. Contact Us

If you have questions regarding these Terms of Use or the Site or Services, please contact us via e-mail at studentloans@thrivent.com or by physical mail at Thrivent Student Resources - TSR, Mailstop 1295, 625 S 4th Ave, Minneapolis, MN 55415

17. Patriot Act Verification

Federal law requires all financial services companies to obtain, verify, and record information that identifies each person with whom they do business. When a Beneficiary or Donor agrees to use Site or Services, we will ask for the name, address, date of birth, Social Security number and potentially other information such as driver’s license state and number for each party, which will allow us to verify the identity of each of the parties to the transaction.

18. Use of Third Parties

From time to time, TSR may utilize other companies to perform services on its behalf ("Third Party Service Providers"). You hereby agree to cooperate fully with any Third Party Service Providers designated by TSR in connection with your use of the Site or Services.

BENEFICIARY REGISTRATION AGREEMENT

Effective Date: December 27th, 2017

This Beneficiary Registration Agreement ("Agreement") is entered into between you ("you" or "Beneficiary") and Thrivent Student Resources, a division of Thrivent Education Finance Group, LLC ("we", "us", or "TSR"). These terms should be read carefully before you agree as they affect your rights and obligations.

IMPORTANT DISCLAIMERS:

  • TSR DOES NOT PROVIDE FINANCIAL, TAX OR LEGAL ADVICE.

  • STANDARDIZED DOCUMENTS AND OTHER SAMPLE AGREEMENTS MADE AVAILABLE BY TSR MAY NOT BE ENFORCEABLE OR COMPLIANT WITH APPLICABLE LAW IN EVERY JURISDICTION WHERE THEY MAY BE USED. YOU AND YOUR DONORS ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY SUCH MATERIALS AND COMPLIANCE WITH APPLICABLE LAWS.

  • IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, ANY INFORMATION OR MATERIALS THAT TSR MAKES AVAILABLE TO YOU, OR YOUR USE OF THE TSR SERVICE, PLEASE SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL.

  • TSR DOES NOT GUARANTEE THAT YOU WILL RECEIVE A TRANSFER OF FUNDS AS A RESULT OF ENTERING THIS AGREEMENT OR CREATING A PROFILE.

1. Registration; Fees

You are registering to use the TSR fundraising and social networking service ("Service") through the TSR website at www.thriventstudentresources.com/gradpath (such website, as from time to time in effect, together with any successor or replacement website, the "Site") for purposes of soliciting transfers of funds from donors. Each such solicitation is referred to herein as a “Campaign”. Registering for the Service enables you to create and maintain a personal profile on the Site (a "Profile"), and conduct one or more Campaigns, during the one-year period (the “Registration Period”) commencing with the date your registration on the Site is effective. Your registration will be effective when you have followed the registration procedure described in this Agreement.

During the Registration Period (a) your profile will be visible to persons who may be interested in one or more transfers of funds to you (each, a “Funding”) and (b) you will be eligible to conduct one or more Campaigns, and to utilize the fundraising tools offered by the Site and other beneficiary-related Services.

In addition to this Agreement, your use of the Site and the Service is subject to the Terms of Use and any other TSR policies as may be posted on the Site, as may be amended from time to time by TSR in its discretion. In the event of any conflict or inconsistency between the Terms of Use and this Agreement, the terms of this Agreement will control.

Each Campaign will be started by you according to the procedures set forth on the Site. A Campaign will begin upon your completion of those procedures.

You may cancel your registration on the Site at any time, but you will not be entitled to any refund of any Registration Fee. Any cancellation will result in your forfeiture of any amounts that have been committed for Funding to you pursuant to one or more of your Campaigns, but which have not been the subject of a completed Funding prior to such cancellation.

Registration Fees are subject to increase from time to time (but increases will not affect Registration Fees you have already paid). We will not provide notice of any such increases to you, but you the Site will reflect the amount of such Fees as from time to time in effect.

Before the end of the current Registration Period, you may renew your registration with the Site by making payment of another Registration Fee. Doing so will renew your registration for a succeeding one-year period (commencing with the last day of the current Registration Period). If you renew your registration, references to Registration Period in this Agreement will refer to such succeeding Registration Period from the date the succeeding Registration Period commences.

TSR RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, SUSPEND OR TERMINATE YOUR REGISTRATION IMMEDIATELY AND WITHOUT NOTICE UPON OUR REASONABLE DETERMINATION THAT YOU COMMITTED FRAUD OR MADE A MATERIAL MISREPRESENTATION IN CONNECTION WITH A PROFILE OR A FUNDING (INCLUDING FALSELY REPRESENTING THAT ANY CAMPAIGN IS FOR AN EDUCATIONAL PURPOSE WHEN YOU INTEND TO OR DO USE THE MONEY FOR ANY OTHER PURPOSE THAN POST SECONDARY EDUCATION), COMMITTED ANY UNLAWFUL ACT OR OMISSION, OR OTHERWISE FAILED TO ABIDE BY THE TERMS OF THIS AGREEMENT OR THE TERMS OF USE. IN NO EVENT SHALL TSR BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT TSR TERMINATES OR DISABLES YOUR REGISTRATION, PROFILE OR ACCESS TO THE SITE OR THE SERVICE FOR ANY REASON.

2. Eligibility

You represent that you:

  1. do not currently have another open Profile with TSR;
  2. are at least eighteen (18) years of age (or the age of majority in your jurisdiction, as applicable); and
  3. are a legal resident of the United States.
  4. you have been accepted, enrolled in or graduated from a college or trade school in the United States

If you are unable to make any of the preceding representations, you may not enter this Agreement or attempt to create a Profile.

3. Profile and Campaigns

Your Profile will serve as a solicitation by you for one or more Fundings to you; as noted above, each of these solicitations is referred to as a “Campaign”. You are strongly discouraged from including any personally identifying information in your Profile, including your legal name, address, phone number, email address(es), Social Security Number or driver’s license number, or your bank or credit information. TSR has no obligation to review your Profile to ensure that it does not contain such information, but Profiles that include this information or portions of Profiles containing such information, if they are noticed by TSR, are subject to immediate removal by us without notice. You understand that your Profile will include any text, pictures and other content that you choose to upload and publish to your Profile.

You understand that TSR may, but is under no obligation to, verify your information including, but not limited to, your identity and residence and any other information you provide (or omit when requested to provide) in connection with your registration as a beneficiary and your solicitation of a Funding, which authorization you grant further below and in any separate agreement or consent you may enter with TSR. As required under the Terms of Use, you agree to maintain and promptly update your registration information and to promptly notify us of any change in your information.

You may create and maintain only one Profile while you are making use of the Site and the Services; however, you may maintain one or more Campaigns simultaneously, subject to your compliance with the terms of the Site. Campaigns will have a maximum duration equal to the number of days remaining in your current Registration Period. Your Profile will be displayed on the Site during the Registration Period while one or more Campaigns is active. You may close (end) or cancel a Campaign at any time before its scheduled end. Upon the end of such Campaign, access to your Profile will be limited to only those donors whom you have approved to participate in your Funding.

You understand that by indicating during registration, or through your account settings on the Site, to make your Profile accessible to the TSR Network, you are consenting to make your Profile available to be accessed by donors or prospective donors, including donors or prospective donors that are not personally known by you.

4. Intellectual Property Consent and License From You to TSR

You hereby give consent and license to TSR, its parent corporations, its related entities, its licensees, its agents, and their successors and assigns (“TSR IP Licensees”), to use within the Site and Services and for any commercial purpose, images of you, audio recordings of you, audiovisual recordings of you, and all of your written or otherwise recorded statements that you submit through, or otherwise for use in or in connection with, the Site or Services (collectively, “Your Submission”). This consent and license grants the TSR IP Licensees permission to use and re-use Your Submission, for any commercial purpose, including, without limitation, within your profile; to publish and republish it; to make it available on the Internet, including but not limited to use on any and all social media, including, but not limited to Facebook, Twitter, YouTube, and LinkedIn.

You understand and agree that You may not have the opportunity to examine or approve the manner, completed product, or method in which Your Submissions are used.  You represent and warrant that you have all necessary rights or permissions under intellectual property, including, as applicable, copyright, to provide this consent and license. You release the TSR IP Licensees from all liability for claims and demands arising out of or relating to their use of Your Submissions. You grant this consent, license, and release for good and valuable consideration, the receipt and sufficiency of which you acknowledge.

5. Information Verification

TSR may, but is under no obligation to, attempt to verify your identity based on the information you furnish to TSR and information collected from third parties you authorize us to contact under this Agreement or under a separate agreement or consent with TSR. If this process is unsuccessful, TSR reserves the right to cancel your solicitation of Funding and remove your Profile immediately, as further set forth in this Agreement.

TSR reserves the right to verify the accuracy of all information provided by you in connection with your Profile and registration. TSR also reserves the right to determine in its reasonable discretion whether you are using, or have used, the Site or the Service in violation of any applicable law, including for purposes of fraud or deception. We may conduct this review at any time before, during or after the creation of a Profile, or before or after a Funding. You agree to promptly furnish such information as TSR may reasonably request for verification purposes in connection with your Profile, TSR account, or registration.

In the event TSR determines that your Profile contains inaccurate information or otherwise is in violation of this Agreement or the Terms of Use, TSR may refuse to publish the Profile or, if the Profile has already been posted, immediately remove or alter part or all of the Profile.

6. Prohibited Activities

You agree that you will not (i) use funds raised for any purpose outside of legitimate education; (ii) make any false, misleading or deceptive statements or omissions in your Profile, in any other postings to the Site, or in any communications to TSR or donors; (iii) misrepresent your identity, or describe, present or portray yourself as a person other than yourself, whether in a narrative description or a photo in your Profile, or by other means; (iv) give to or receive from, or offer or agree to give to or receive from any other person any fee, bonus, additional interest, kickback or other thing of value of any kind in exchange for such person’s commitment, offer or agreement to commit or make a Funding; or (v) represent yourself to any person as being a representative, employee, or agent of TSR, or purport to speak to any person on behalf of TSR. Further, you are strictly prohibited from posting or otherwise transmitting through the Site or to TSR or any donors, any content that is offensive or otherwise objectionable, including without limitation any obscene, sexually explicit, hateful, discriminatory, defamatory, or inflammatory content. The determination of objectionable material shall be at the sole discretion of TSR.

Any violations of these prohibitions may warrant TSR to cancel your solicitation or in-process Funding and remove your access to the system immediately without prior notice at our sole discretion. 

7. Disbursement of Funds

Fundings will be conducted by donors using third-party payment services such as PayPal®. TSR is not responsible for any aspect of the Funding process (other than transmission of certain information to the relevant third-party payment service prior to a Funding), which will be a transaction among you, your donor and such third-party payment service.

8. Indemnification

You agree to indemnify and hold harmless TSR, its parent and affiliated corporations, and the directors, officers, employees, independent contractors, service providers, and agents of all of them (“TSR Parties”) from and against any claim, suit, investigation, action, proceeding, arbitration or hearing (“Claim”) and all costs, damages, losses, judgments, expenses (including reasonable attorney fees), obligations and liabilities of every kind and nature arising out of any actual or threatened Claim arising out of your use of, or inability to use, the Site or the Service. California residents: You waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other jurisdictions: You agree to waive any comparable statute or doctrine.

9. No Warranties; Disclaimer

EXCEPT FOR THE REPRESENTATIONS CONTAINED IN THIS AGREEMENT, TSR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The foregoing disclaimers are in addition to, and not in lieu of, any other disclaimers of TSR as set forth in the Terms of Use and any other agreement TSR may have with you.

10. Limitation on Liability

IN NO EVENT SHALL ANY OF THE TSR PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (a) DAMAGES CAUSED OTHER THAN BY TSR’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FAILURE TO COMPLY WITH APPLICABLE LAW, OR (b) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF A TSR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ANY TSR PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY ACT OR OMISSION OF A DONOR.

11. Miscellaneous

a. Assignment. TSR may freely assign part or all of its rights and obligations under this Agreement in its sole discretion. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement without TSR’s prior written consent. Any attempted assignment, transfer, sublicense or delegation in violation of the foregoing restriction shall be null and void. Subject to the foregoing restriction, this Agreement will inure to the benefit of you and TSR, and each of our respective successors and assigns.

Notices. Except as otherwise required by law, all notices and other communications to you in connection with this Agreement may be given to you (i) by email, to your registered email address, and shall be deemed to have been duly given and effective upon transmission, or (ii) in writing, to your registered mailing address. If your registered email address or mailing address changes, you must notify by sending an email to BoxTSR@thrivent.com except if other notice or communication methods are specified in this Agreement or another agreement between you and TSR, you may provide notices and other communications to us by sending an email to BoxTSR@thrivent.com or by physical mail at Thrivent Student Resources - TSR, Mailstop 1295, 625 S 4th Ave, Minneapolis, MN 55415

b. Governing Law; Venue. This Agreement and any dispute between you and us in connection with the services we provide under this Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without reference to that state’s conflicts of laws rules. Wherever applicable and after exhaustion of administrative remedies specifically designated in this Agreement, judicial actions taken relative to this Agreement shall be brought in a court of competent jurisdiction, either state or federal, within the State of Wisconsin.

c. Mandatory Arbitration; Limit on Time to Bring Claims. You and TSR agree that all disputes and claims arising out of this Agreement (including in connection with the services we provide under this Agreement) will constitute disputes and claims arising out of the Service, and therefore subject to the mandatory arbitration clause under Section 17 of the Terms of Use. Further, in no event shall any claim, action or proceeding by you related in any way to this Agreement (including in connection with the services we provide under this Agreement) be instituted more than three (3) years after the cause of action arose.

d. Waiver; Severability. Any waiver of a breach of any provision of this Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Agreement will not constitute a waiver of such term or condition. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.