Terms of Use

Notice

THIS WEBSITE (WWW.COLLEGEAVE.COM), ITS RELATED PAGES (SUCH AS WWW.COLLEGEAVESERVICING.COM), ASSOCIATED MOBILE APPS, AND ANY OTHER ONLINE PROPERTIES WHERE THERE TERMS OF USE ARE POSTED (COLLECTIVELY, THE “SITE”) ARE MADE AVAILABLE BY COLLEGE AVENUE STUDENT LOANS LLC AND COLLEGE AVE STUDENT LOAN SERVICING, LLC (COLLECTIVELY “COLLEGE AVE,” “WE,” “US”, OR “OUR”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW (THE “TERMS OF USE”), INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE. BY ACCEPTING THESE TERMS OF USE, YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO THE SITE AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION PROVISION AND CLASS ACTION WAIVER” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND COLLEGE AVE OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.

You should review these Terms of Use periodically for any changes. Notwithstanding any provision of these Terms of Use or of any other agreement governing the use of the Site, we will not amend the Arbitration Provision and Class Action Waiver, described below, in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety.

Site Content

The products, services, information, materials, graphics, arrangement, design, text, sound, and other items contained on the Site (collectively, the “Content”) and these Terms of Use are subject to change at any time, without notice. Any such changes shall take effect as soon as they are posted on the Site (or, if we provide advance notice of the change, on the date specified in any such notice). Your use of the Site or continued use of any of our products or services after the effective date of the changes shall constitute your agreement to be bound by the terms of the changes. Any dated Content is published as of that date. College Ave has no obligation or responsibility to update or amend any such Content.

College Ave reserves the right to terminate any Content or the Site at any time, without prior notice. College Ave reserves the right to modify any of the Content at any time, without notice. In the event we terminate any Content, the Site, or these Terms of Use, any existing transactions you have entered into with us will remain in effect. You agree to review the Content on the Site periodically to ensure that you are aware of any modifications. If you continue to use the Site after modifications are effective, you agree to the Content as modified.

The Content is provided for informational purposes only. College Ave believes that the Content is accurate, but it does not warrant its completeness, timeliness, or accuracy. You understand that any examples, calculators, or other tools that College Ave may make available on the Site are to provide you with estimates only. These estimates may be different from actual amounts. While College Ave attempts to keep such estimates, calculators, and tools accurate, you understand that College Ave does not warrant that they are error-free.

Use of Site

The Site, and the products and services described on the Site, are intended for use by individuals who are at least 13 years old. If you are under the age of 13, you should not be visiting the Site.

You may view the Content contained on the Site and print pages from the Site only for informational, non-commercial purposes. Your use of the Site is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use, or exploit the Content or the Site for any commercial purpose. Any unauthorized or illegal use of the Site or the Content is strictly prohibited.

We may limit your access to the Site if you are attempting to use the Site from outside the United States. The Site is not intended for use in any jurisdiction where such use would be contrary to applicable laws or regulations. You accept responsibility for compliance with all local laws. You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (“OFAC”). The countries that are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.

Your use of the Site may be monitored, tracked, and recorded. By using the Site, you expressly consent to such monitoring, tracking, and recording.

To use the Site, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. We will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Site or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Site. You agree that when using the Site, you will not misrepresent your identity or impersonate any other person.

Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site and/or College Ave systems, including but not limited to unauthorized entry into any of our systems or misuse of any Content posted on the Site, is strictly prohibited. You are prohibited from using the Site in any manner that:

• Constitutes a commercial use other than for your own use;
• Redistributes or sells any part of the Site or services available via the Site;
• Creates a new product or service based on the Site, or make any modification to, adaptation of, or derivative work from the Site;
• Removes, alters, or obscures any proprietary notice;
• Accesses data that is not intended for you;
• Attempts to harvest, collect, gather, or assemble information or data;
• Attempts to decompile, reverse engineer, disassemble, or attempt to derive the source code of or decrypt the Site;
• Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site;
• Probes, scans, or tests the vulnerability of this Site, our network, our security, or authentication measures without proper authorization;
• Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business by initiating, assisting, or becoming involved in any type of attack relating to the Site, including, without limitation, via means of submitting a virus to the Site, overloading, “ooding,” “spamming,” “mail bombing,” or “crashing”;
• Sends unsolicited mail, including promotions and/or advertising of products and services;
• Is unlawful, fraudulent, or deceptive;
• Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inammatory, pornographic, or profane material;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Violates these Terms of Use or any other policies or agreements that you enter into with us;
• Fails to comply with applicable third-party terms; or
• Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

If you violate any provision of these Terms of Use, we reserve the right to terminate your access to the Site. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you, deny you access to the Site.

You represent and warrant that you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use. You understand and agree that your use of the Site is at your own discretion and at your own risk. By using the Site, you understand and agree that College Ave disclaims any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive, or legal (whether under statute, regulation, or at common law) damages that may arise out of your access or use of the Site or your reliance on the Content. This includes any liability that may be associated with any viruses that may infect your computer equipment.

If College Ave provides you with a secure means of accessing a portion of the Site (such as a user ID and password), you agree that you are responsible for maintaining the confidentiality of such log-in credentials. You agree to keep your log-in information confidential to prevent unauthorized access to your account and to prevent unauthorized use of the account, including not sharing such log-in credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the log-in credentials. You agree that you will immediately notify College Ave of any unauthorized use of your log-in credentials or other breach of security known to you, and you will update your log-in information as appropriate.

When attempting to access your account or process a transaction on your behalf, College Ave may send a one-time contact (text, email, or call to the telephone number or email address that we have for you in our records) containing a code or link that’ll help you complete your requested action. Message and data rates may apply. You’ll receive one (1) message per request. There’s no service to cancel as this is a one-time contact; we won’t send you another message unless you make another request. By submitting a request, you expressly consent to receive one (1) message via the method you requested. Such consent is not required to receive our products or services.

Products and Services

The products and services described on the Site, including their terms, conditions, availability, or pricing, are subject to change at any time, without notice. The availability of the products and services described on this Site, as well as their associated fees, charges, interest rates, and balance requirements, may differ among geographic locations. By offering information about products and services on the Site, no solicitation is made by College Ave (or other third party offering the product or service) to any person whose use of such information, products, or services in jurisdictions where such information, products, or services are prohibited by law. Your eligibility for the products and services listed on the Site are subject to the final approval and acceptance of College Ave or other third party offering the product or service. If you are invited to register on the Site for any products or services, you agree to provide accurate, true, current, and complete information about you (or your business) as may be requested by the registration screens.

Site Ownership

You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms of Use, or any other rights thereto other than to use the Site in accordance with and subject to these Terms of Use. College Ave retains its entire right, title, and interest in and to the Site, the content and services made available via the Site. The Site may utilize or include third party software that is subject to open source and/or third party license terms (“Third Party Software”), and your right to use the Third Party Software in connection with the Site is subject to and covered by the terms and conditions of the Third Party Software. To the extent of any conict between these Terms of Use and the terms of the Third Party Software, the terms of the Third Party Software shall control.

Copyright Notices

The works of authorship contained on the Site, including but not limited to all design, text, sound recordings, and images, are owned (except as otherwise expressly stated) by College Ave. Except as may be expressly stated on the Site, they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used-in whole or in part-except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of College Ave’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice that may be contained in the Content when downloaded or printed.

Submissions

All information submitted to College Ave through the Site shall be deemed and remain the property of College Ave. College Ave shall be free to use (for any purpose) any and all ideas, concepts, know-how, or techniques that are contained in any information that you may submit to College Ave through the Site. College Ave shall not be subject to any obligations of confidentiality regarding information submitted through the Site, except as may be specifically agreed to by College Ave or that may be required by applicable law. However, nothing in the foregoing shall be construed as limiting or in any way reducing the responsibilities that College Ave may have under the terms of its Privacy Policy.

Links to Other Sites

College Ave may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. On certain webpages of our Site, we may offer social media plugins, including, but not limited to, Facebook or Twitter, which will establish a direct connection to the respective third party social media website. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by College Ave of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site.

College Ave makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. College Ave does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. College Ave does not warrant that any Third Party Site is free from any viruses or other contamination.

You understand that a Third Party Site may have a privacy policy or other terms that differ from that of College Ave and that the Third Party Site may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.

College Ave may be compensated if you purchase a product from a Third Party Site.

Potential for Disruptions in Services

You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of College Ave and despite commercially reasonable processes and procedures implemented by College Ave to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance. You agree that we will not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control.

Mobile Alerts Terms and Conditions

College Ave Alerts

You can receive alerts about the status of your loan or account from College Ave through your mobile device. Join by providing your mobile phone number during the application process or by updating your mobile phone number on your account. Message and data rates may apply. Message frequency varies, and the number of messages depend on usage.

If you provide a cell phone number or a number that is later converted to a cell phone number, you expressly consent to us (or a third party loan servicer or debt collector acting on our behalf) using prerecorded or artificial voice messages, calls, messages from automated dialing systems, and text messages to contact you regarding the status of your application or loan. Normal usage and text message charges may apply to the extent permitted by applicable law.

STOP Information

Reply STOP to stop receiving College Ave messages from College Ave for specific products (you will receive a confirmation text).

HELP Information

For additional information, reply HELP or contact us at 844-422-7502.

To revoke your consent to receive automated phone calls and text messages from College Ave, contact us at 844-422-7502.

College Ave 2-Step Verification

When attempting to access your account or process a transaction on your behalf, College Ave may send a one-time contact (text, email, or call) containing a code or link that’ll help you complete your requested action. Message and data rates may apply. You’ll receive one (1) message per request.

There’s no service to cancel as this is a one-time contact; we won’t send you another message unless you make another request. By submitting a request, you expressly consent to receive one (1) message via the method you requested.

Supported Carriers

AT&T, Verizon, Alltel, T-Mobile, Sprint, U.S. Cellular, and Metro PCS.

College Ave and the supported carriers are not liable for delayed or undelivered messages. Additional carriers may be added at any time. This service may not be available for all carriers.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT COLLEGE AVE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, REPRESENTATIVES, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COLLEGE AVE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. COLLEGE AVE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COLLEGE AVE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR YOUR INABILITY TO USE THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF COLLEGE AVE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, OR WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

Indemnification

You agree to defend, indemnify, and hold College Ave, its affiliates, and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, or any of the products or services provided on this Site.

Severability and Waiver

In the event that any of the terms or provisions of these Terms of Use (excluding the Arbitration Provision and Class Action Waiver) is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

College Ave does not waive any of its rights under these Terms of Use unless such waiver is written and signed by a duly authorized representative of College Ave. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

Arbitration Provision and Class Action Waiver

This Arbitration Provision and Class Action Waiver (“Arbitration Provision”) does not apply to any product that constitutes “consumer credit” under the Military Lending Act (or its implementing regulations) that you may obtain from or through us if you are a covered borrower (active duty covered member of the armed forces or a dependent of such a member) under the Military Lending Act at the time you obtain such product.

NOTICE: THIS ARBITRATION PROVISION CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE ALSO LIMITED IN ARBITRATION. PLEASE READ IT CAREFULLY.

1. Agreement to Arbitrate

Except as otherwise expressly provided in this Arbitration Provision, College Ave and any bank or financial institution with which College Ave partners, together with their respective parents, subsidiaries, affiliates, successors, assigns, and their officers, directors, employees, agents, and service providers (collectively, “we” or “us”), and you agree that either party may elect to resolve any Claim through binding individual arbitration rather than in court.

This Arbitration Provision evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (“FAA”).

2. Important Waivers

If either we or you elect arbitration:

(a) Jury Trial Waiver. The parties waive the right to have a court or jury decide any arbitrable Claim.

(b) Class Action Waiver. Claims must be brought on an individual basis only. Neither you nor we may bring or participate in a class, collective, or representative action in court or arbitration.

(c) Multi-Party Waiver. Except as provided in the American Arbitration Association’s (“AAA”) Mass Arbitration Supplementary Rules when applicable, arbitration must be on an individual basis, which means Claims may not be joined or consolidated with Claims of any other person in arbitration or in court, and you may not arbitrate or litigate Claims as a representative or member of a class or in a private attorney general capacity.

(d) Severability of Waivers. If the Class Action Waiver is held invalid as to a particular Claim, that Claim shall proceed in court, but the remainder of this Arbitration Provision shall remain enforceable to the fullest extent permitted by law.

3. Public Injunctive Relief

Notwithstanding any other provision of this Arbitration Provision: (1) Claims seeking public injunctive relief cannot be arbitrated and (2) such Claims shall be severed from the arbitration, stayed until all arbitrable individual Claims between the parties are finally resolved through arbitration and all appeals have been exhausted, and then resolved by a court. Only a court, and not an arbitrator, shall determine the validity, enforceability, and eect of this paragraph.

4. Definitions

“Claim” means any legal claim, dispute or controversy between you and us that arises from or relates in any way to this Terms of Use, including any dispute arising before the date of this Arbitration Provision and any dispute relating to: (1) the imposition or collection of principal, interest, attorney’s fees, collection costs or other fees or charges relating to this Provision; (2) other obligations of this Provision; (3) any application, disclosure or other document relating in any way to this Provision or the transactions evidenced by this Provision: (4) any insurance or other service or product offered or made available by or through you in connection with this Provision, and any associated fees or charges;(5) your methods of soliciting my business; and (6) any documents, instruments, advertising or promotional materials that contain information about this Provision or any associated insurance or other service or product. This includes, without limitation, disputes concerning the validity, enforceability, arbitrability or scope of this Arbitration Provision or these Terms of Use; disputes involving alleged fraud or misrepresentation, breach of contract or fiduciary duty, negligence or other torts, or violation of statute, regulation or common law. It includes disputes involving requests for injunctions, other equitable relief or declaratory relief, subject to paragraph 3. However, “Claim” does not include any individual action brought by me in small claims court or my state’s equivalent court, unless such action is transferred, removed or appealed to a different court. Also, “Claim” does not include any challenge to the validity and effect of the Class Action and Multi-Party Waivers, which must be decided by a court.

“Administrator” means the AAA, applying its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (each available at https://www.adr.org/), or any other party and set of rules that you and we agree to in writing. If the AAA is unavailable, and if the parties cannot agree on a substitute, then either party may request that a court with jurisdiction appoint a substitute.

5. Pre-Arbitration Claim Notice

This subsection is a material and enforceable condition precedent to arbitration.

At least thirty (30) days before initiating any arbitration or court proceeding regarding a Claim, the Claimant must send a written notice (“Claim Notice”) to the other party. Any Claim Notice must (i) be personally signed by the Claimant; (ii) identify the Claimant’s name, address, telephone number, and, if applicable, loan or account number; (iii) describe the specific factual basis of the Claim; and (iv) state the specific relief sought. If a Claim against you is based on your failure to pay, sending you a statement fulfills this Claim Notice requirement. Claim Notices may be submitted only on an individual basis and not on behalf of any other person. Claim Notices to you will be sent to your address on file. You as Claimant must provide Claim Notices to College Ave Student Loan Servicing, LLC, 233 N. King St., Ste. 400, Wilmington, DE 19801. The parties shall have thirty (30) days after receipt of a complete Claim Notice to attempt resolution, will participate in a good-faith settlement conference by phone or video conference with counsel if desired, and will not proceed to arbitration until this period expires. The parties agree that any applicable statute of limitations is tolled for thirty (30) days from the date a party receives a complete Claim Notice. A court of competent jurisdiction may enforce this section (5) and enjoin the filing or prosecution of arbitration until these requirements are satisfied.

6. Arbitration Procedures

If a Claim is not resolved through the Claim Notice process:

(a) Arbitration may be commenced with the AAA under its applicable rules then in effect.

(b) The arbitrator shall be a licensed attorney with at least ten (10) years’ experience or a retired judge, unless the parties otherwise agree.

(c) Arbitration shall take place in the federal judicial district where you reside, unless the arbitrator orders or the parties agree otherwise.

7. Fees and Costs

You will not be required to pay more than the consumer filing fee under the AAA Consumer Arbitration Rules. We will pay all remaining AAA administrative fees and arbitrator compensation, unless the arbitrator determines otherwise as permitted by applicable law. Each party bears its own attorneys’ fees and costs unless otherwise required by applicable substantive law.

8. Governing Law; Finality

The arbitrator shall apply applicable substantive law consistent with the FAA. The arbitrator may award all remedies available under applicable law, except public injunctive relief excluded above. The arbitrator shall issue a written reasoned award upon request.

The arbitrator’s award shall be final and binding, subject only to review as permitted by the FAA. Judgment on the award may be entered in any court of competent jurisdiction.

9. Survival; Severability; Priority

This Arbitration Provision survives termination of the Site, these Terms of Use, and any agreement between you and us.

If a Claim relates to a loan or credit agreement containing an arbitration provision, that agreement shall control with respect to such Claim.

10. Right to Opt Out

If you do not want this Arbitration Provision to apply, you must send us a signed notice within 30 calendar days of the date on which you first access or use this site or electronically submit an application for a product or service offered by us through this site. You must send the notice in writing (and not electronically) to College Ave Student Loans, 233 N. King St., Ste. 400, Wilmington, DE 19801, Attn: Arbitration Opt Out Notice. You must provide your name, address, telephone number, loan or account number, if applicable, and state that you “opt out” of the Arbitration Provision of the Terms of Use. Opting out will not affect the other provisions of these Terms of Use or any other agreement governing the site or with us. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Use and any other agreement governing a service or with us. Please note that if you enter an agreement with us that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.

Contact Us

If you have any questions about these Terms of Use, please contact us at: 844-422-7502.

Last Updated On: May 19, 2026