Updated: February 15, 2025
DO NOT ACCEPT THESE TERMS AND CONDITIONS BEFORE YOU READ THE ENTIRE AGREEMENT.
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DEFINITIONS
- "You" and "your" mean the individual who establishes an Account, enrolls in the Rewards Program and accepts these Terms and Conditions.
- "We," "us," and "our" mean Vestwell Holdings Inc., a Delaware corporation, its subsidiaries, successors, and assigns.
- “Account” means your Gradifi Powered by Vestwell account and “Account Data” means all information and records that we require in order to open and support an Account.
- “Account Beneficiary” refers to the individual for whose benefit an Account Owner establishes a 529 plan account.
- “Account Owner” refers to the individual who establishes and directly owns a 529 plan account.
- “CSU Benefits” refers to bookkeeping amounts posted to your Account, from time to time, at the direction of your employer pursuant to a CSU Plan in which you are a participant, and for which we will process payment to your Valid 529 Plan Account(s), as discussed more fully below.
- “CSU Plan” means a College SaveUp benefit or arrangement established and maintained by an employer to provide participants assistance with saving for educational expenses in the form of CSU Benefits.
- “FinancialCore” is a program that provides access to financial wellness resources and tools and student loan refinancing offers through the Website.
- “Gradifi Platform Terms of Use” refers to these Platform Terms of Use that you receive and must review , and accept as part of your Account registration process.
- “Lender” is a bank, agency, or school that loans money to a borrower.
- “Loan Servicer” is an organization, hired by the Lender to administer the student loan payment process to include, but not limited to disbursement of loan funds, monitoring enrollment status, collecting payments, and managing the repayment of your loans. A private debt collection agency is not considered a valid Loan Servicer. We have full discretion in determining whether a Loan Servicer is considered a Loan Servicer for purposes of these Terms and Conditions.
- "Paydown Rewards" refers to the rewards and benefits posted to your Account under the Rewards Program that are earned or received by you based on activities made available to you as offered at our and our partner’s sole discretion.
- “Plan” means your employer’s education assistance plan, tuition assistance plan, student loan repayment plan, or other workplace benefits offered by your employer.
- “Primary Borrower” means the individual who applies for, receives, and is responsible for paying back the loan.
- “Program Manager” refers to the entity that manages a 529 plan. Typically, a state sponsor engages a financial services firm to perform these services on behalf of its 529 plan, but, in some cases, these services are performed by the state sponsor itself.
- “Processing Period" means the period during which we process payments of the amounts posted to your Account to the student Loan Servicer and/or Program Manager designated by you. Generally, the Processing Period occurs within the last two weeks of each month.
- “Rewards Program" means the rewards service under which you can earn, or become eligible for, Paydown Rewards, as described in these Terms and Conditions. Participants in an SLP Plan or in FinancialCore are automatically enrolled in the Rewards Program as part of opening an Account.
- “SLP Benefits” refers to bookkeeping amounts posted to your Account, from time to time, at the direction of your employer pursuant to a SLP Plan in which you are a participant, and for which we will process payment, as discussed more fully below.
- “SLP Plan” means a Student Loan Paydown benefit or arrangement established and maintained by an employer to provide participants with student loan paydown assistance in the form of SLP Benefits.
- “Tuition Reimbursement Program” means an employee benefit offered by your employer that provides eligible employees with the opportunity to receive reimbursement for certain educational expenses.
- “Valid 529 Plan Account” refers to a direct-sold 529 college savings plan account authorized under Section 529 of the U.S. Internal Revenue Code, under the terms of which (i) you are designated as the Account Owner and (ii) an Account Beneficiary is designated who meets the criteria established under your employer’s CSU Plan (if applicable). Prepaid tuition plans and advisor-sold 529 college savings plans do not qualify as Valid 529 Plan Accounts. We have full discretion in determining whether an Account is a Valid 529 Plan Account.
- “Valid Student Loan” refers to a loan, under the terms of which you are designated as the Primary Borrower. The loan must be originated, disbursed from and when in repayment the loan must be paid to a valid U.S. student loan servicing agency and that is exclusively used to fund higher education at an accredited U.S. institution. Valid student loans include U.S. federal loans (e.g. Stafford loans, PLUS loans, Perkins loans, etc.), private student loans, and refinanced student loans. Debt taken for education via a lending vehicle other than a student loan, such as a personal loan, credit card, or home equity loan, does not qualify as a valid student loan. We have full discretion in determining whether a loan is a valid student loan.
- “Website" refers to www.gradifi.com.
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ACCOUNT ELIGIBILITY AND ENROLLMENT
By accepting these Gradifi Platform Terms of Use, you acknowledge, agree and certify that: (i) you are at least 18 years of age and have satisfied the eligibility requirements to participate in your Plan or Rewards Program; (ii) you reside in the United States; (iii) you have read and understand the information contained in these Platform Terms of Use, and agree to be bound by it; (v) the information you provide at all times to Vestwell is true and accurate; (vi) You have read and understood our Privacy Policy; and (v) You consent for Vestwell to contact you by email, text message, or other electronic means to the extent legally permissible possible.
You are solely responsible for keeping your email address, cell phone number, and other contact information current by updating your account profile. Nothing in these Platform Terms of Use is intended to supersede the requirements, terms, and conditions of your Plan or applicable law. In the event of any conflict between these Platform Terms of Use or your employer’s Plan, the terms of your employer’s Plan control with respect to any benefits payable pursuant to the Plan only and do not supersede or in any way impair or affect Vestwell’s responsibility or liability to you or anyone else relating to the Plan, Rewards Program, or your Account.
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SLP PLAN PARTICIPANTS & SLP BENEFITS
In order for us to process SLP Benefits properly posted to your Account for payment during a given Processing Period:
- Your employer must offer an SLP Plan;
- You must be a participant under the SLP Plan as of the last day of the month prior to the Processing Period;
- Your Account must be in good standing during the Processing Period;
- You must have a valid student loan registered in your Account as of the last day of the month prior to the Processing Period;
- Your employer must have provided proper and timely directions to us with respect to any amount of SLP Benefits to be posted to your Account;
- Your employer must have provided sufficient funds to cover the payment of such SLP Benefits.
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CSU PLAN PARTICIPANTS, CSU BENEFITS
In order for us to process CSU Benefits properly posted to your Account for payment during a given Processing Period:
- Your employer must offer a CSU Plan;
- You must be a participant under the CSU Plan as of the last day of the month prior to the Processing Period;
- Your Account must be in good standing during the Processing Period;
- You must have a Valid 529 Plan Account registered in your Account as of the last day of the month prior to the Processing Period;
- Your employer must have provided proper and timely directions to us with respect to any amount of CSU Benefits to be posted to your Account;
- Your employer must have provided sufficient funds to cover the payment of such CSU Benefits.
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STUDENT LOAN REFINANCING
We have developed relationships with lenders and lending platforms to provide Account holders access to student loan refinancing offers in certain states and education finance-related content and tools through the refinancing section of FinancialCore on the Website. FinancialCore is open to any Account holder, except that some employers may choose to block access to the student loan refinancing for their employees.
If you participate in student loan refinancing, you understand and agree that:
- We are not a lender and are not acting as an underwriter or loan broker;
- We are not making a commitment to you as to the number or terms and conditions of offers available through the refinancing feature of FinancialCore;
- Lenders may establish criteria that determine whether you view a particular offer through student loan refinancing as part of FinancialCore, such as your self-reported credit score, the amount of debt you are seeking to refinance, or your state of residence;
- Refinance offer terms and conditions, eligibility requirements, and credit underwriting are the responsibility of the lenders or lending platforms making refinancing offers;
- We cannot guarantee that you will be eligible for offers available through FinancialCore;
- We may receive compensation from lenders or lending platforms whose offers are available through FinancialCore;
- You understand and agree that we are not providing legal, tax or financial advice to you, and you must independently assess whether refinancing is appropriate for you.
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REWARDS PROGRAM AND PAYDOWN REWARDS
General. Accounts in good standing may be eligible to earn Paydown Rewards, subject to satisfying and complying with these Platform Terms of Use and other conditions to receive the particular Paydown Reward program, as established by us or a lender from time to time. The Rewards Program is void and may be unavailable where prohibited by federal, state or local law. The additional terms and conditions of each paydown Reward Program currently offered, or offered in the future, including how Paydown Rewards will be earned and posted to your Account, are incorporated in these Terms and Conditions by reference. We will notify you of offers to earn Paydown Rewards, and applicable terms and conditions, in a variety of ways, including via the Website and email. Additional terms and conditions for our current Paydown Rewards programs are available here.
The Rewards Program and its benefits are offered at our sole discretion. We reserve the right to cancel, terminate, change or temporarily suspend the Rewards Program at any time without notice. We may modify the Rewards Program and these Terms and Conditions in any manner we choose, including without limitation, reducing or eliminating earned Paydown Rewards; modifying the formula used to calculate how Paydown Rewards are earned; or instituting new fees.
We reserve the right to rescind Paydown Rewards and to bar further accrual of Paydown Rewards, and to terminate your enrollment in the Rewards Program, if we determine that you are abusing or have abused the Rewards Program, including, without limitation, by (violating any of the Terms and Conditions required to earn Paydown Rewards as indicated in these Terms and Conditions or the terms of our partners or engaging in suspicious activity as determined by us in our sole judgment that is not consistent with the intent of the program. We will notify you if we determine that you have engaged in any such activities, and in such event you agree to forfeit any and all Paydown Rewards in your Account as we may determine in our sole discretion.
No Cash Value; No Interest. Paydown Rewards have no cash value and are not transferable except as otherwise expressly provided in these terms and conditions, and you will not be entitled to receive interest on Paydown Rewards.
Posting of Paydown Rewards Activity to Your Account. Paydown Rewards are combined monthly with your SLP Benefits, if applicable, and posted to your Account to be included in the payments we make to the Loan Servicer for your designated valid student loan.
All Paydown Rewards and Account adjustments (including the implementation of Account fees and expenses, if any) and payments made or processed by us with respect to valid student loans will be posted to your Account (each a “transaction’). A summary of your Account transaction activity in any active Paydown Rewards Program will be available when you login to your Account through the Website.
We will not be liable for any losses or damages resulting from any failure to post any transaction to your Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your Account activity regularly to verify that all transactions have been properly posted. If you believe that any transaction has not been properly posted to your Account, then you must inform us and provide proof acceptable to us within one year of the date on which you are claiming that the transaction should have been posted. We reserve the right to determine whether Paydown Rewards should have been posted to your Account and you acknowledge that any such determination by us will be final and binding.
Adjustments to your Account with respect to Paydown Rewards. Pursuant to these Terms and Conditions, in the event of any abusive or fraudulent activity related to the Rewards Program, we reserve the right to make any adjustments to your Account and the Paydown Rewards in your Account to correct any posted amounts that are a result of such abusive of fraudulent activity to the extent permitted under any applicable laws, rules or regulations. If you cancel, chargeback or reverse a commercial transaction that generated Paydown Rewards, we will deduct from your Account the amount of Paydown Rewards corresponding to the cancellation, chargeback, or reversal using the current accrual rate for that type of transaction as specified in the terms and conditions for the particular Paydown Reward. If this deduction results in a negative balance in your Account with respect to Paydown Rewards, we may apply future earned Paydown Rewards or SLP Benefits against such obligation.
Redemption of Paydown Rewards. If you have designated a valid student loan as of the commencement of a Processing Period and have a balance of greater than $10 in your Account, your Paydown Rewards balance will be redeemed in that Processing Period. For details regarding how we process payments with respect to redeemed Paydown Rewards, see “Payment Processing-SLP Benefits & Paydown Rewards” below.
If you have not designated a valid student loan and/or your Account has a balance of less than $10 as of the commencement of the Processing Period, no payment will be made for that Processing Period and that balance will carry over into the subsequent month.
If you have a Paydown Rewards balance of greater than $10 in your Account and do not have a valid student loan designation in effect for a period of 30 months from the transaction date of your first Paydown Reward activity, you may either retain your Paydown Rewards balance in your Account, or you may request that we pay the balance of your Paydown Rewards to you within 90 days of your request.
Dormant Account. We will close your Account and terminate your participation in the Rewards Program if:
- You go a period of 30 months without earning any Paydown Rewards or receiving any SLP Benefits or CSU Benefits; and
- You do not have a valid student loan registered in your Account to have enabled the automatic monthly redemption payment to that designated student loan via the monthly payment process.
Upon closure, if you have a Paydown Rewards balance of more than $10 in your Account, we will issue a payment directly to you for that balance within 90 days. If your Paydown Rewards balance is less than $10 upon closure, you will forfeit any value in your Account. We will send alerts to your email address on file in the time leading up to your Account being closed.
Abandonment of Paydown Rewards. Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. In the event that your Account has not had any activity for the period of time as defined by your state of residence (generally three to five years) according to our records and your Account has remained open, we may be required by law to escheat your earned Paydown Rewards to the state of your last known address. Similarly, if you have a check issued by us to you that has not been cashed after a certain period of time (also generally three to five years), we may be required by law to remit the amount of the uncashed check to the state of your last known address. If we escheat funds in your Account to your state of residence as required by law, you will need to contact the state directly to obtain the funds.
Business Relationships. We have business relationships with various third parties, such as lenders, credit or debit card issuers, and merchants, to make available avenues to earn Paydown Rewards. For simplicity, words like venture, joint venture, partnership, co-venture and partner may be used in these Platform Terms of Use or on the Website to address business relationships indicating common activities connected to Paydown Rewards, and these words do not describe or constitute a precise legal relationship. A Paydown Rewards offer may require you to enter into a separate agreement with a third party offering a service or product. You understand that your relationship with this third party is separate and distinct from your relationship with us, and all existing Platform Terms of Use will remain in force. We may be compensated by merchants, retailers, and other service providers in connection with your Paydown Rewards transactions.
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TUITION REIMBUSEMENT PROGRAM
By accepting these Platform Terms of Use, you understand that Vestwell has been engaged by your employer to help administer that benefit. At all times, you are solely responsible for determining whether to participate in that benefit, your compliance with the terms and conditions of that program, for the accuracy and completeness of all information submitted to us in connection with your participation in that benefit, and for all taxes and other fines, damages, and penalties relating to that program. Federal regulations and the Internal Revenue Code relating to tuition reimbursement benefits are subject to change and your Plan may change with or without advance notice to you.
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PAYMENT PROCESSING
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SLP Benefits & Paydown Rewards
- Designated student loan and servicer. For us to process payments with respect to your SLP Benefits and/or Paydown Rewards, you must provide us with information about one or more valid student loans to which you would like those amounts to be remitted, including the loan account number and the name of the Loan Servicer. By designating a valid student loan, you authorize us to reduce amounts posted to your Account for payments made to the Loan Servicer of the valid student loan to be applied as a payment on such loan. You represent and warrant that the information you provide about any loan is true, accurate and complete, that you are the primary borrower on the loan, and you expressly authorize us to instruct the Loan Servicer to apply payments made hereunder in accordance with the terms of your loan and any servicing guidelines (the "Student Loan Servicer Rules") followed by your Loan Servicer. Payments processed by us hereunder will be applied to the principal balance, interest payments, and outstanding fees in accordance with and as determined by the Student Loan Servicer Rules and your individual account status as specified by the student Loan Servicer at time of each payment made by us. To receive the fully intended benefit of repaying your student loans faster from use of our program you must maintain scheduled regular monthly payments. You are responsible for resolving any misapplication of payments processed by us that are directly or indirectly caused by your failure to provide us with the correct information regarding a loan or the Loan Servicer, or your failure to inform us of any changes to the loan or Loan Servicer information previously provided. We reserve the right to change and update your loan information, including but not limited to loan account number and Loan Servicer name and address.
- Payments to Loan Servicer. During each Processing Period we will submit a payment with respect to your valid student loans, equal to the amount of Paydown Rewards and SLP Benefits posted to your Account as of the commencement of the Processing Period. Your Account balance will be reduced by an amount equal to the payment we process on your behalf.
- Student Loan Servicer Rules. You understand that your enrollment in the Rewards Program or participation in an SLP Plan does not waive or relieve you of any responsibilities, duties, obligations or other covenants that you owe to or any representations or warranties that apply under the Student Loan Servicer Rules. In the event of any conflict between these Terms and Conditions and the Student Loan Servicer Rules, the Student Loan Servicer Rules shall control.
- Timing of application of payment. Loan Servicers generally apply payments within 3-5 business days following receipt of payment from us but may take up to two weeks. We are not responsible for the application of payments by your Loan Servicer, and you should periodically review your student loan account statements to verify that payments have been properly applied.
- CSU Benefits
- Designated 529 plan account and Program Manager. For us to process payments with respect to your CSU Benefits, you must provide us with information about one or more Valid 529 Plan Accounts to which you would like these amounts to be remitted, including the account number and the name of the plan Program Manager. By designating one or more Valid 529 Plan Accounts, you authorize us to reduce amounts posted to your Account for payments made to the Valid 529 Plan Accounts. If you have designated more than one Valid 529 Plan Account, we will allocate your CSU Benefits among these accounts in accordance with the priority you have indicated and our allocation algorithm, which is designed to meet Program Manager contribution minimums per account. You represent and warrant that the information you provide about any 529 plan account is true, accurate and complete, that you are the account owner, that the Account Beneficiary meets the criteria established by your employer in its CSU Plan (if applicable), and you expressly authorize us to issue payments to designated Program Manager(s). We are not responsible for making any investment direction or determination, and payments processed by us hereunder will be deposited in your 529 plan account by the plan’s Program Manager (or other applicable service provider) in accordance with and as determined by the terms and conditions of your account. You are responsible for resolving any misapplication of payments processed by us that are directly or indirectly caused by your failure to provide us with the correct information regarding a 529 plan account or Program Manager, or your failure to inform us of any changes to the 529 plan account or Program Manager information previously provided. We reserve the right to change and update your 529 plan account information, including but not limited to account number and Program Manager name and address.
- Payments. During each Processing Period we will submit a payment with respect to your Valid 529 Plan Account(s), equal to the amount of CSU Benefits posted to your Account as of the commencement of the Processing Period. Your Account balance will be reduced by an amount equal to the payment we process on your behalf.
- Timing of application of payment. Generally, Program Managers apply funds received from us by ACH within one business day; payments received by check may take up to 5 business days. We are not responsible for the application of payments by Program Managers, and you should periodically review your 529 plan account activity to verify that payments have been properly applied.
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SLP Benefits & Paydown Rewards
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CLOSURE OF ACCOUNT
- Termination by you. You may close your Account at any time. Termination will be effective as of the date we receive notice of your intent to terminate. Closing your Account will terminate your participation in the Rewards Program and may result in your removal from an SLP Plan or CSU Plan as a participant and violate eligibility requirements for SLP Benefits or CSU Benefits.
- Termination by us. We may close your Account at any time and for any reason. Termination will be effective as of the date we specify in our notice of our intent to terminate and may be effective immediately. Closure will terminate your participation in the Rewards Program. Subject to the terms of the SLP Plan or CSU Plan as established by your employer, closure of your Account may result in your removal from an SLP Plan or CSU Plan as a participant and violate eligibility requirements for SLP Benefits or CSU Benefits under such plan.
- Actions that occur upon termination. Upon termination (either by
you or us) of your participation in the Rewards Program and
closure of
your Account the following will
occur:
- a. We will make no further payments with respect to your Account and any Account balance will be forfeited, except (i) as described above under the heading “ Rewards Program and Paydown Rewards-Dormant Account” or (ii) as directed by an employer with respect to SLP Benefits or CSU Benefits posted under its SLP Plan or CSU Plan, as applicable.
- b. You will no longer be able to login to your Account.
- c. You will no longer earn Paydown Rewards or receive SLP Benefits or CSU Benefits.
- d. Closure of your Account may result in your removal from an SLP Plan and/or CSU Plan as a participant and violate eligibility requirements for SLP Benefits or CSU benefits under such plan(s).
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DISCLAIMER
WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE PLAN, REWARDS PROGRAM, SLP BENEFITS, CSU BENEFITS, FINANCIALCORE, TUITION REIMBURSEMENT PRODUCT, YOUR ACCOUNT INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE REWARDS PROGRAM. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE PROVIDE THE REWARDS PROGRAM, YOUR ACCOUNT, AND OUR SERVICES ON AN "AS IS” AND “AS AVAILABLE" BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE REWARDS PROGRAM, FINANCIALCORE, OR YOUR PARTICIPATION IN PLAN, OR ANY OTHER USE OF YOUR ACCOUNT. YOUR USE OF THE REWARDS PROGRAM, FINANCIALCORE, ACCOUNT AND OUR SERVICES AND PARTICIPATION IN ANY PLAN IS AT YOUR OWN RISK. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE ARE NOT LIABLE 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 YOUR USE OF THE REWARDS PROGRAM, FINANCIALCORE, ACCOUNT OR OUR SERVICES OR PARTICIPATION IN ANY PLAN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE PLATFORM 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.
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NO FIDUCIARY RELATIONSHIP
You understand and agree that we are not acting as a fiduciary (including within the meaning of the Employee Retirement Income Security Act or any other local, state, or federal law) with respect to any Plan established by your employer in which you are a participant or to you in connection with the services we provide or otherwise. You should not rely on us as a fiduciary in regard to any of the services contemplated hereunder with respect to your Account or any transaction posted therein. You understand and agree that we are not a party to any such Plan and we act only as an administrative service provider for the benefit of the employer who adopts and maintains such Plan. By agreeing to these Platform Terms of Use, you confirm that you have not received or relied on any advice or recommendations from Vestwell regarding your participation in your employer’s Plan or your Account.
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ADDITIONAL TERMS
- Benefits under a Plan are the obligations of your employer and not our responsibility. We are not responsible for late, incomplete, or nonpayment of benefits under any Plan. You understand that pursuant to the terms of the Plan, your employer’s obligation to fund benefits under the Plan will be made from its general assets, which may be subject to the claims of its general creditors and there will be not trust, insurance, or funding products put in place to guarantee or to otherwise fund its obligations under the Plan.
- Your eligibility for Plan Benefits. Except as otherwise provided herein, the amount, timing, frequency, and availability of your Plan benefits are determined with reference to your employer’s Plan document, applicable law, and at the sole and exclusive direction of your employer. You employer may have full and exclusive discretion to terminate or amend the Plan at any time and for any reason, including changes to eligibility and benefits. Our obligation with respect to your Plan benefits and your employer’s Plan is solely to provide administrative services for your employer with respect to the tracking and processing of benefits under the Plan pursuant to an agreement between us and your employer. Any dispute or disagreement that you may have about your rights to earn, accrue or be awarded benefits is a matter exclusively between you and your employer and not with us. We do not determine the outcome of benefit disputes or evaluate claims for benefits.
- Plan benefits posted to your Account. Benefits posted to your Account represent bookkeeping notations intended to track benefits to be paid by your employer under the Plan. Benefits posted to your Account have no redeemable cash value to you and are not transferable. Benefits are payable only with respect to your valid student loans, or to your employer in certain circumstances (as described in these Terms and Conditions or in your employer’s Plan). You will not be entitled to receive interest on benefits posted to your Account.
- Your responsibility to monitor your Account. You acknowledge and accept that you are solely responsible for checking your Account activity regularly to verify that all benefits and loan repayments have been properly posted and payments have been applied to your student loan or Account. If you believe that any transaction has not been properly posted to your Account, then you must inform us and provide proof acceptable to us within one year of the date on which you are claiming that the benefits should have been posted. The right to determine whether benefits should have been posted to your Account rests with your employer, and you acknowledge that any such determination by your employer will be final and binding.
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NO ADVICE; TAX CONSEQUENCES
We do not provide tax or financial advice, and nothing contained on the Website, in our communications, or the output of any tools we provide to you is intended to constitute tax or financial advice. No content or comments made by us, our employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements or recommendations. In addition, the information and materials on the Website are not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument of us, our affiliates, or any other issuer or company.
You agree that we will not have any liability for any information contained on or omitted from the Website with respect to taxes and that we have no obligation to inform you of changes in the tax laws. The tax consequences of your participation in the Rewards Program, SLP Plan or CSU Plan will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in the Rewards Program, SLP Plan, CSU Plan, FinancialCore, or Tuition Reimbursement solution. Your employer may elect to withhold income taxes and apply employment taxes (such as FICA taxes) with respect to Plan benefits as part of your employer’s normal payroll process and procedures. Nevertheless, you are still responsible for any tax consequences.
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EFFECTIVE DATE AND TERM
The effective date of these Terms and Conditions is the date on which you accept these Terms and Conditions. These Terms and Conditions, as amended from time to time, will remain in effect until terminated by you or us.
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CHOICE OF LAW
These Terms and Conditions will be interpreted, governed and enforced under the laws of the State of New York, without giving effect to its choice or conflicts of law provisions.
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COLLECTION AND USE OF INFORMATION
We take your privacy seriously and maintain your personal information in accordance with applicable federal and state standards for protection of personal information. For more details about our information collecting and sharing practices, please read our Privacy Policy at www.vestwell.com. You acknowledge that in order to perform our services for your employer and maintain and administer your Account, we will collect information about you from your employer, your lender, and/or banking partners. You authorize us to disclose to any service providers or other third parties who assist us in the performance of our services any and all information with respect to your Account and related transactions.
We offer you the option to link your student loan servicer account with your Account and may use the services of a data aggregator or other third party unaffiliated with us for that service. We make no representation or warranty, express or implied, as to the software or services of any data aggregator or other third party and we shall not be liable for any their errors or omissions.
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RIGHT TO AMEND THESE PLATFORM TERMS OF USE
We may modify these Platform Terms of Use at any time. We will provide notice of an amendment by updating them on our Website, or other lawful means. Any amendment to these Platform Terms of Use will be effective as of the date established by us in the amendment, subject to applicable law.
These Platform Terms of Use, as may be amended, constitute the entire agreement between you and us relating to your Account, and supersede all prior contracts, representations, communications, or agreements relating to your Account. This agreement may not be assigned by you without our consent, in whole or in part, as required by law. The headings in this agreement are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof. You agree to comply with these Platform Terms of Use. Your violation of this provision may result in your loss of access to your Account and termination of your participation in the Rewards Program or as a participant in any Plan administered by us. In no event shall any reference to any third party or third-party product or service be construed as an approval, guarantee, or endorsement by us of that third party or of any product or service provided by a third party.