Terms and Conditions

These Terms and Conditions were last updated on Jan 1, 2024.

Introduction

The following terms and conditions ("Terms and Conditions") govern your access to and use of all of the Websites and Services provided by Resolvent, LLC (either "we," "us," or "Resolvent").

The Websites and Services are semi-public, and Resolvent provides them on an as-is and as-available basis. We disclaim all availability and liability for the availability, timeliness, security, or reliability of the Websites or Services or the accuracy of any opinion or information contained on the Websites. Guest posters that express opinions on the Websites do not necessarily reflect the opinions of Resolvent and may or may not be entirely accurate. We reserve the right to modify, suspend, or discontinue the Websites or Services with or without notice at any time without liability.

Binding Agreement

These Terms and Conditions (as they may be amended from time to time by Resolvent), together with your Service Agreement (if applicable), form a binding agreement ("Agreement") between you and Resolvent. Your access to or use of the Websites or Services indicates your acceptance of these Terms and Conditions. You agree to use the Websites at your own risk.

If you do not accept these Terms and Conditions, or if you do not meet or comply with their provisions, you may not use our Websites or Services. These Terms and Conditions are effective as of January 1, 2024.

Definitions

The following definitions apply to this Agreement:

Resolvent's Content ("Content") includes web pages, forms, programming, text, information, data, data submitted via the Websites by Users, and other content made available through the Websites by Resolvent.
Resolvent's Services ("Services") means any services provided by Resolvent or its agents described herein or specified more fully in a Service Agreement.
Resolvent's Websites ("Websites") include any website under the control of Resolvent, whether in part or otherwise, and includes such Website's Content, Materials, and Services (as applicable in each context).
"Document" refers to any document posted to a Site by a User, such as an NSLDS file or documentation of income.
"User" refers to any individual or entity that uses any aspect of the Websites.
"Client" means a User that is licensing access to our Websites or Services, or the representatives interacting with the Websites or Services on his/her/its behalf.
"Client Materials" includes any website content, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by the Client, if any, for use in connection with the Services.
"Borrower" means a User who is accessing a Site to identify their student debt solutions or in any other capacity except as a Client.
"You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

Affiliations

Resolvent is an independent software developer. Resolvent is not affiliated with any state or federal government or regulatory body, nor any loan servicer or bank. Resolvent is not a lender, a debt settlement company, a loan servicer, a bank, or a law firm, and we do not provide legal advice. Resolvent does not act as an intermediary between you and your loan servicers or the U.S. Department of Education (ED). Resolvent does not provide any form of credit repair, credit score enhancement, or student loan debt relief.

By continuing to use this site, you agree that Resolvent is not paid for and does not perform any adjusting, negotiating, consolidating, or settling of any of your student loan debt.

Borrower Responsibilities

You expressly agree that you will provide Resolvent with information that is complete and accurate to identify your eligible federal student debt solutions. Failure to do so will impact the validity of any Services that our Websites provide.

Failure to promptly act upon your eligible options or failure to file a document package prepared by Resolvent to your loan servicer or ED in a timely fashion may impact your qualification for such options as many are time-sensitive.

Important Borrower Disclosure

The federal government does provide tools and information that allow you to - on your own and free of charge - identify your eligible federal student debt options. Visit https://studentaid.gov for free resources to manage federal student loan debt.

You may also at any time elect to complete any applications, consolidations, etc., yourself without paying a fee to anyone.

Resolvent provides services that simplify the process of finding out what your student debt solutions may be. Our services are educational, comprehensive, confidential, and intended to reduce the time required to research and identify your options, as well as automatically prepare any necessary document packages that you need to send to your loan servicer or ED to affect changes.

Limited Money-Back Guarantee

Resolvent guarantees that the federal student debt solutions that we identified for you, as well as any document packages automatically prepared by us for you, will be accurate and sufficient to receive consideration for the ED program(s) that you select, subject to the following conditions: (i) the student loan information that you provided to us is for federal debt, (ii) that the NSLDS file provided contains up-to-date information on all debts, including modifications and adjustments that may disqualify you from consideration from the option(s) being presented; (iii) that, if you elect to have Resolvent software automatically prepare documents on your behalf, you will provide the accurate personal information required to do so; and (iv) that you do not possess a characteristic that, pursuant to ED rules, would disqualify you from receiving a loan consolidation or admission to any other desired program.

If you have reason to dispute your federal student debt options as initially provided by Resolvent, you may request a refund for the fee charged to you for your federal student debt analysis to Resolvent.

All refund requests must be made, in writing, to Resolvent within 30 days of any denial by the ED or within such other statutorily prescribed manner or timing. ALL REFUNDS WILL BE SUBJECT TO A $10 SERVICE FEE.

Acceptable Use of the Websites and Services and Intellectual Property Rights

General Use Rules

You may use the Websites only for lawful purposes within the stated context of Resolvent' intended and acceptable use of the Websites. Resolvent is the sole interpreter of the Website's intended and acceptable use.

You must provide, at your own expense, any necessary hardware or software required to access or use the Websites. The Websites and Services function on any computer with an Internet connection that supports the most recent stable version of Google Chrome, Mozilla Firefox, and Microsoft Edge.

Resolvent Intellectual Property Rights

The Websites, Materials, and Content are all the sole property of Resolvent (or other entities as noted) and are protected by the United States and foreign copyright, trademark and other laws.

All Materials and Content are provided for informational use only. You may download a single copy of materials available on the Websites for personal, fair use provided that you do not remove the copyright or other proprietary rights notices or alter the Content in any way.

Except for the limited licenses expressly granted to you in these Terms and Conditions, Resolvent reserves for itself and its licensors all other rights, title, and interest. Without limitation on the preceding, you may not reproduce, modify, display, sell, or distribute the Content or Materials, or use them in any other way for public or commercial purpose.

Additionally, you may not, directly or indirectly, for yourself or through, on behalf of, or in conjunction with any other person(s), partnership, corporation, or other entity or association, develop any product, methodology, process, or system using any of the Websites or any part thereof as its basis.

Notwithstanding anything to the contrary contained herein, this prohibition includes: (i) copying or adapting the HTML code used to generate pages on the Websites; and (ii) aggregating, copying, or duplicating in any manner any of the Content or information available from any of the Websites without the express written consent of Resolvent.

The use of the Content for any unlicensed purpose on any other website or in a networked computer environment for any purpose is strictly prohibited. "Resolvent", "Student Debt Solutions", “SDS”, and certain other names or logos are service marks or trademarks of Resolvent, and all related product and service names, design marks and slogans are the service marks or trademarks of Resolvent. Additionally, the "look" and "feel" of the Websites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Resolvent's trademarks, service marks, and copyrights. Any code that Resolvent creates to generate or display the Content or the pages of the Websites is also protected by Resolvent's copyright and may in some cases be patent-pending.

License to Use by Users who are Borrowers

Resolvent hereby grants you a limited, terminable, non-exclusive right to access and use the Websites only for your personal use identifying student debt solutions for yourself. This license authorizes you to view and download a single copy of the material on the Websites solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to the Websites and any consequences arising from such posting. Your use of the Websites is a privilege. Resolvent reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Users who are Clients

Resolvent hereby grants you a limited, terminable, non-exclusive right to access and use the Websites for internal business use to seek student debt solutions on behalf of your Borrower customers. You may not sell, transfer, or assign any of the Services or your rights to any of the Services provided by Resolvent to any third party without the express written authorization of Resolvent. You agree that you are solely responsible for the content of any Content or Documents that you post to the Websites and any consequences arising from such posting. Resolvent reserves the right to suspend or terminate your access and use at any time if Resolvent determines that you are in breach of these Terms and Conditions.

Clients shall bear all of their costs (unless agreed otherwise in writing with Resolvent) related to any advertising and sales promotion costs conducted for the marketing of the Websites or Services.

Client Materials

You represent, warrant, and covenant that any Client Materials provided for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. You hereby grant Resolvent a non-exclusive, worldwide, royalty-free license to use the Client Materials and to hyperlink to your website in connection with the Services.

Use of Aggregate Data

You understand and agree that Resolvent owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. We may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information are used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, a Client entity, or any other Borrowers. "Aggregate Data" means de-identified aggregated data or information regarding Borrower's financial, educational, or career history (including, by way of example and not limitation, aggregate data relating to Borrower's occupation, location, salary, and education).

Other Specific Rules Regarding Website Usage

You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Websites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable state or federal law, regulation, or rule. It is your responsibility to ensure that your use of the Websites complies with these Terms and Conditions and all applicable laws.

User Submissions

Resolvent welcomes your comments regarding our Websites and Services, and we appreciate hearing from you. Please note, however, that Resolvent does not accept or consider creative ideas, suggestions, inventions, or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Resolvent creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Resolvent. User Submissions and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on Resolvent's part, and Resolvent will not be liable for any use or disclosure of any User Submission. Resolvent shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Third Party Providers

You acknowledge and agree that Resolvent may provide Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Resolvent and its Third Party Providers, Resolvent will have sole responsibility for handling all billing and contract negotiations.

Disclaimers and Limitations on Resolvent' Liability

Allocation of Responsibility

Resolvent assumes no responsibility for Documents posted by Users and no responsibility for the activities, declarations, omissions, or other conduct of Users. Resolvent can at times act as a portal for the online distribution and publication of User submitted information, and it has no obligation to screen communications or information in advance, and it is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Resolvent may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of such Document. Resolvent has no liability or responsibility to Users for performance or nonperformance of such activities. Resolvent may take any action concerning User-submitted information that it deems necessary or appropriate, at its sole discretion.

No Endorsements by Resolvent

Nothing on the Websites shall be considered an endorsement, representation, or warranty concerning any User or third party, whether in regard to its website, products, services, counseling practices, or otherwise.

WARRANTY DISCLAIMERS

THE WEBSITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. RESOLVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. RESOLVENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITES.
WITHOUT LIMITATION ON THE PRECEDING:
- RESOLVENT DOES NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RESOLVENT IS NOT RESPONSIBLE FOR THOSE COSTS.
- Resolvent makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness, or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
- Resolvent makes no representations or guarantees regarding the Content of the Websites, including, but not limited to, broken links, inaccuracies or typographical errors.
- RESOLVENT MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR THE TIMELINESS OF THE SERVICES IN MEETING YOUR COUNSELING OBJECTIVES. RESOLVENT DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN ANY PARTICULAR OUTCOME AND IS NOT RESPONSIBLE FOR ANY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR CLIENT MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITES.
IN NO EVENT SHALL RESOLVENT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS) BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESOLVENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS OUTLINED IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RESOLVENT' MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
IN NO EVENT SHALL RESOLVENT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE A CLIENT WITH A SERVICES AGREEMENT WITH RESOLVENT, THE AMOUNTS ACTUALLY PAID BY YOU TO RESOLVENT UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
Due to the nature of this Agreement, in addition to money damages, you agree that Resolvent will be entitled to equitable relief upon a breach of this agreement by you.

User Authentication

Because User authentication on the Internet is difficult, Resolvent cannot and does not confirm that each User is who they claim to be. Because Resolvent does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Websites, in the event that you have a dispute with one or more Users, you release Resolvent from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

California Residents

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Payment of Services upon Termination of Service Activation Agreement

If at any time during the course of this Agreement you should terminate a Service Agreement or any other Agreement in which these Terms and Conditions have been incorporated by reference, then Resolvent shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.

Links to Other Websites and Embedded Portals

Resolvent contains links to third party websites and is, in some cases, embedded via an iframe portal into other websites. These links and iframes are provided solely as a convenience to you and not as an endorsement by Resolvent of the contents on such third-party web sites. Resolvent is not responsible for the content of linked third-party sites or third-party websites using iframes and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites or websites that include the Websites through an iframe, you do so at your own risk.

Amendments to this Agreement and Changes to Websites

Resolvent may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Websites (or as otherwise stated in any notice of such changes). Any use of the Websites will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on the Websites. If at any time you find the Terms and Conditions unacceptable, you may choose to not use the Websites any longer. Any new or different terms supplied by you are specifically rejected by Resolvent unless eFiscal Network agrees to them in a signed agreement specifically including those new or different terms. Resolvent may change the Websites at any time.

Indemnity

You agree to defend, indemnify, and hold harmless Resolvent (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Websites, any Document posted by you, your use of the Services or your breach of this Agreement. Resolvent shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

User Information and Privacy Policy

When you register on any of the Websites or in connection with any of our Services, you will be asked to create an account and provide Resolvent with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

All User Information will be used per the terms of Resolvent's Privacy Policy. Please note, as outlined in the Privacy Policy, that Resolvent may collect certain User Information and may contact Users periodically per the terms of the Privacy Policy. Additionally, Resolvent reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies, or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. Additionally, third parties may retain cached copies of User Information.

Questions, Concerns, and Notices

Please, direct questions and concerns relating to the use of the Websites to sds@myresolvent.com. Send notices for Resolvent to 831 W. Morse Blvd., Winter Park, FL 32789. We will send notice to you at the address submitted by you or to such other address we reasonably determine is an appropriate address for you.

General

For Use Inside the United States

Resolvent makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Websites. If you access Resolvent from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Choice of Laws

You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us, without regard to the State of Florida’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a state or federal court located in and for Orange County in the State of Florida, and you agree and submit to the exercise of personal jurisdiction and the venue of such courts for the purpose of litigating any such claim or action.

Please note that by agreeing to these Terms and Conditions, you are: (i) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (ii) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in Orange County in the State of Florida, over any disputes or claims you have with us; and (iii) submitting yourself to the personal jurisdiction of courts located in Orange County in the State of Florida, for the purpose of resolving any such disputes or claims.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.

Legal Notices and Terminations

All provisions of this Agreement shall survive termination except those granting access or use to the Websites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Resolvent in a particular "Legal Notice," or material on particular web pages of the Websites, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Resolvent.

Rules Regarding Conduct and Security

The following rules apply to your use of the Websites and the Services. The list of rules is for illustration only and is not a complete list of all conduct and security rules.

Conduct Rules:

You may not send unsolicited commercial email to Users.
Protect your password. Your Resolvent account(s) and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for an Resolvent account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Resolvent' account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Resolvent immediately of any unauthorized use of your account or password.
Report inappropriate Content or conduct to Resolvent.
If at any time Resolvent comes to the understanding that you misled Resolvent regarding your business practices and/or services, or you purchased services that do not represent your precise business, Resolvent reserves the right to terminate your Agreement.

Security Rules:

Users are prohibited from violating or attempting to violate the security of the Websites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these rules may result in civil or criminal liability. Resolvent will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.