Terms of Use

The First Marblehead Corporation ("we", "our", "us") has designed and maintains CollegiateStudentLoans.com (the "Site") on behalf of SunTrust Bank to provide you with information about SunTrust Bank's Custom Choice Loan Program. As used on the Site, the term "you" means any person who views, accesses, uses, or obtains information from this Site or who obtains information by monitoring activity to and from the Site.

Acceptance of Terms
We offer visitors to the Site a variety of online information services, including general and personalized content and communication tools on the following terms and conditions ("Terms of Use"). Please read these Terms of Use carefully. By using this Site in any way, you are agreeing to comply with these Terms of Use. Unless we expressly provide otherwise, these Terms of Use incorporate and, to the extent of any inconsistency, supersede any other terms associated with the files and software applications available on the Site. If you do not accept these Terms of Use, you should not access or use the Site. If you have any questions that are not answered anywhere on the Site, please contact us in writing at:

Custom Choice Loans – Customer Service
SunTrust Bank
c/o First Marblehead Education Resources Inc.
P.O. Box 848108
Boston, MA 02284-8108

These Terms of Use may be revised at any time by our updating this notice and posting it on the Site. You are bound by any such revisions if you continue to use the Site after we have posted the changes. We suggest that you periodically visit this page to review the most recent Terms of Use.

Scope and Applicability of Terms of Use
This Site contains hyperlinks that will transfer you to websites maintained and operated by other entities or organizations. By providing such hyperlinks, we do not endorse, sponsor or promote such websites, nor do we represent or imply that we have a business or other relationship with such entities or organizations or are otherwise connected to or affiliated with such entities or organizations. We expressly disclaim responsibility for the content, performance, privacy practices, data collection and security of any such websites. By clicking on such links, you will leave this Site and enter the other websites and these Terms of Use will not govern your activity while on such other websites. You should be careful to review the terms of use on any linked sites before using them.

Your Responsibilities
You agree not to interrupt or attempt to interrupt the operation of this Site in any way. You understand that access to restricted areas of this Site may be a criminal violation. You agree not to access such location(s), nor attempt to obtain or decrypt any passwords or other security protection associated with the Site. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content provided to us. You agree to comply with our rules and policies regarding use of the Site, as published from time to time by us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. You agree not to reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Site or to copy (except as otherwise expressly permitted hereunder), modify or create derivative works of its content or any materials related to the Site or any of the services provided by us through the Site.

Privacy Notices
Because we take your privacy seriously, we have created a comprehensive Guest User Privacy Policy (the "Privacy Policy") that describes our information collecting and sharing practices and explains how we protect your information. For more information, please read our Privacy Policy.

Ownership/Use of Content
All content included on this Site, including but not limited to trademarks and service marks (except as otherwise provided in these Terms of Use), text, graphics, logos, button icons, images, audio clips, and software (collectively the "Content") and the collection, arrangement and assembly of the Content is the exclusive property of The First Marblehead Corporation, and is protected by applicable U.S. and international intellectual property laws including without limitation patent, trademark and copyright law. The Content may not be used in any manner without our express written permission or as otherwise permitted by applicable law and, except as expressly set forth in these Terms of Use or permitted by applicable law, any use, including without limitation reproduction, modification, distribution, transmission, creation of derivative work(s), republication, display, reverse engineering, license, sale or performance of the Content of this Site is strictly prohibited.

Intellectual Property
"Custom Choice Loan" is a service mark of SunTrust Bank, used by us under a license. All other trademarks, services marks, trade names, logos, icons and domain names located on this Site are our property, or the property of others (where so indicated). Your use of any trademark, service mark, trade name, logo, icon and domain name displayed on this Site without our written permission, or the permission of other owners, is strictly prohibited.

This Site contains software, photographs, graphics, text, images and other material (collectively "Material") that are protected by copyright law. All such Material also is copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Material. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Material, in whole or in part. We grant you permission to electronically copy and print in hard copy portions of this Site (and to download software made available on the Site) solely for your personal use and in connection with researching the process of paying for college. Otherwise, you may not reproduce or distribute in any way Material protected by copyright without obtaining our prior written permission. You may use, copy and distribute the materials and information on the Site for internal, informational purposes only. Any copy you make of the material must bear any copyright, trademark, service mark or other proprietary notice that pertains to the material being copied.

If you feel that any content on this Site infringes your copyrights, you may notify us by contacting us at the following address:

Custom Choice Loans - Marketing
c/o The First Marblehead Corporation
800 Boylston Street, 34th Floor
Boston, MA 02199

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on this Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury) that: (i) you are the copyright owner or are authorized to act on the copyright owner's behalf, and (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

We will take appropriate action after receipt of such information to appropriately address the copyright issues raised, including, if necessary, removal of any infringing material.

Our Responsibilities and Disclaimer; Limitation of Liability
Our responsibility is to provide you with the information and services described in these Terms of Use in a commercially reasonable manner. ALTHOUGH WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE PROVIDE THIS SITE ON AN "AS IS, AS AVAILABLE" BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OR INTERRUPTION OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. YOU USE IT AT YOUR OWN RISK. THE FIRST MARBLEHEAD CORPORATION AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, THIRD PARTY SERVICE PROVIDERS AND EMPLOYEES ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL NOT BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Third Party Websites
We may provide links to other websites controlled or offered by third parties ("Linked Websites"). These links are offered for informational purposes only. Our inclusion of a link to a Linked Website does not imply approval or endorsement of the Linked Website or any products or services offered on the Linked Websites. We may receive compensation for traffic to and/or products/services purchased from Linked Websites. However, we are not responsible for the content, accuracy, reliability or opinions expressed in Linked Websites. We have not investigated or monitored the Linked Websites for accuracy or completeness. The Linked Websites may have different privacy policies and security standards from ours. We are not responsible if any terms shown on our Site differ from those shown on the Linked Website.

Blogs and Posted Content
From time to time we may host blogs or allow third parties to post content to the Site. Any content posted to the Site by a third party (either in a blog, a comment to a blog, or elsewhere) represent the views of the party(ies) posting such content. We are not responsible for the content, accuracy, reliability or opinions expressed in such content, and we have not investigated such content for accuracy or completeness. We disclaim such content in accordance with the "Disclaimers" section, above.

Minors
We do not intend to solicit information from children under the age of 17, or market any products or services to such children through this Site.

Security
We protect your privacy related to this Site. All personal information in our computers is protected from unauthorized access by a secure firewall and database architecture. Information may only be accessed by personnel who have a legitimate business reason to access it.

Viruses
We assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property caused by your access to, use of, or browsing of this Site or your downloading of any materials, data, text, video, or audio from this Site.

E-mail
E-mails that you send to us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a Social Security number, or if you need specific details about any information contained in our Site, you should contact us by regular mail or as indicated on the About Us page. If you choose to use e-mail to communicate confidential information, you assume the risk that your e-mail may not be secure.

Breach; Indemnity
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to and use of the Site as well as any of your other current activities involving the Site if you breach these Terms of Use.

You will indemnify us and our respective subsidiaries, affiliates, officers, directors, agents, employees and third party service providers against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Site or your use of or conduct on the Site, or any violation of these Terms of Use.

Electronic Writings and Notices
The parties agree that any legal requirement of a written agreement or memorandum between them may be satisfied (1) by an e-mail, (2) by an electronic record of a document to be stored, retrieved and printed, or (3) by any other method recognized as a writing under the federal Electronic Signatures in Global and National Commerce Act. Any notice under these Terms of Use may be given (1) to you at the e-mail address you provide (if any), and (2) to us at info@fmd.com. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided during the enrollment process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Governing Law
The laws of the United States and the Commonwealth of Massachusetts will govern the content and use of this Site, without giving effect to conflict of law principles.

We control this Site from our offices within the United States. We make no representation that the content on our Site is appropriate, legal or available for use in other locations. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. By registering for or entering this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Massachusetts.

Compliance with Export Laws and Regulations
United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any such technology derived from our Site to either a foreign national or a foreign destination in violation of such laws.A

Last Update: 01/01/2011