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For purposes of
these Terms and Conditions ("Terms and Conditions"), the
following definitions apply: "Goal Financial", "we", "us", or
"our" means Goal Financial, LLC, 1229 King Street 3rd Floor, Alexandria, VA 22314. "You" or
"your" or "borrower" means student loan borrowers of Goal
Financial whose loans meet the eligibility
requirements.
"Program"
means the "Goal
Financial Debt Reduction Benefit
Program."
Due to the recently passed College Cost Reduction and
Access Act of 2007, Goal Financial, LLC has decided that it can no longer offer
these borrower benefits; therefore, eligible loans must be first disbursed before
10/1/2007 to remain eligible for this offer
1. Eligibility is
restricted to borrowers that have a Federal Consolidation loan
with Goal Financial that had an Original Principal Balance
(OPB) that exceeds $20,000 AND:
-
Have selected
the Goal Financial Debt Reduction Benefit Program during the
application process, either on a Goal Financial Benefit
Selection Form that has been completed, signed and returned to
Goal Financial or via online application;
-
Whose eligible
loan is in repayment status at the time of calculation of any
reduction;
-
Have made their
first regularly scheduled monthly payment on-time;
and
-
Whose eligible
loan was first disbursed on or after 07/19/2007.
2.
We accept no
responsibility for late, lost, damaged or misdirected
mail.
3.
We base any
Principal Reduction on the Outstanding Principal Balance as of
the first day of the calendar month that follows the month
during which you make your first regularly scheduled monthly
payment on-time.
4.
We calculate
the amount of the Principal Reduction as follows: after making
the first regularly scheduled payment on-time, you qualify for
a 5% Principal Reduction.
5.
A payment is considered "on-time" if it is received in
full and no more than 14 days after the due date. If we receive a returned check
for your qualifying payment, the amount of the returned check will be added to your
loan balance, and the payment will be considered late. Periods of authorized deferment
and forbearance are disregarded in determining which payment is the "first" payment.
6.
Payments
made on any other student loan(s) will not qualify you for the
benefits contained in this Program.
7. To
avoid forfeiting this Principal Reduction, you must continue
to make on-time monthly payments.
After a Principal
Reduction is applied, the amount of the reduction may be
reapplied to principal if any subsequent, regularly scheduled
monthly payment is not made on-time. Any reapplication to
principal of a previously earned Principal Reduction due to a
payment not made on-time is considered a "lost benefit."
8.
After
a Principal Reduction is applied, the amount of the reduction
may be reapplied to principal if you prepay or attempt to
prepay your loan, including without limitation, through a
Federal Consolidation Loan.
Receipt of a Loan
Verification Certificate request by Goal Financial, its agents
(including but not limited to any third party servicer that
manages student loans and collects payments on behalf of Goal
Financial), successors and/or assigns shall be considered an
attempt to prepay your loan through a Federal Consolidation Loan.
9.
A
"lost benefit" cannot be earned back; however, if you incur a
"lost benefit" you will be eligible for a "second chance"
benefit.
10.
A
"second chance" benefit is applied as follows: after making
thirty-six (36) consecutive payments on-time beginning with
the first regularly scheduled monthly payment after a "lost
payment" is incurred, you qualify for a 1.00% Interest Rate Reduction.
11.
We
base any Interest Rate Reduction on the initial rate of your
Federal Consolidation loan at the time of funding, as
indicated on your initial Disclosure Statement.
12.
We calculate the amount of the Interest Rate Reduction
on the first day of the calendar month following the date you qualify for the Interest
Rate Reduction.
13.
For
the "second chance" benefit, a payment is considered "on-time"
if it is received no more than 14 days after the due date. If
we receive a returned check for your qualifying payment, the
amount of the returned check will be added to your loan
balance, and the payment will be considered late. Periods of
authorized deferment and forbearance are disregarded in
determining which payment is the "first" payment and in
determining whether payments are considered to be "consecutive"
14.
A
"second chance" benefit is only available to borrowers that
incur a "lost benefit."
15.
A
"second chance" benefit may be applied only one (1) time
during the repayment period of the loan.
16.
To avoid forfeiting the "second chance" benefit, you must
continue to make on-time payments.
17.
Borrowers
enrolled in the Goal Financial Debt Reduction Benefit Program
are not eligible for any other Goal Financial Federal
Consolidation Loan borrower benefit or loan loyalty or reward programs.
18.
We
will notify you by mail of your Principal Reduction and/or
Interest Rate Reduction. All Principal Reductions will be
effective as of the first day of the month following the month
that contains the posting date of the on-time payment of your
first regularly scheduled monthly payment.
All Interest Rate
Reductions will be effective as of the first day of the month
following the month that contains the posting date of the
thirty-sixth (36th) consecutive on-time payment
after incurring a "lost benefit."
19.
Goal
Financial reserves the right to adjust Principal Reduction
and/or Interest Rate Reduction to correct calculation errors.
For example, if you receive a Principal Reduction in excess of
the amount you should have received, we will adjust your loan
balance for the erroneous Principal Reduction.
20.
You
should allow 90 days from the time you sent your qualifying
payment for the notification of your Principal Reduction
and/or your Interest Rate Reduction.
21.
You
may not transfer or assign your Principal Reduction or your
Interest Rate Reduction.
22.
Liability
for any tax on any benefits provided to you pursuant to this
program shall be solely your responsibility. We recommend that
you contact your own accountant or tax advisor in this regard.
23.
As
a condition of participating in this Program, you agree that
(1) all disputes that cannot be resolved between us, and
causes of action arising out of or connected with this
Program, shall be resolved individually, without resort to any
form of class action, and exclusively by final and binding
arbitration under the rules of the American Arbitration
Association and held at the AAA regional office nearest Alexandria, Virginia; (2)
the Federal Arbitration Act will govern the interpretation,
enforcement and all proceedings at such arbitration; and (3)
judgment upon such arbitration award may be entered in any
court having jurisdiction. Under no circumstances will you be
permitted to obtain awards for, and you hereby waive all
rights to claim punitive, incidental or consequential damages,
or any other damages, including but not limited to attorneys
fees, other than your actual out-of-pocket expenses (i.e.,
costs associated with participating in this Program). You
further waive all rights to have damages multiplied or increased.
24.
In
the event that you claim that you are eligible for the
Principal Reduction or Interest Rate Reduction but have not
received it, then you must provide verification to our
satisfaction as to your claim of an entitlement. All reduction
claims are subject to our verification checks and procedures,
as determined by us in our discretion. We must receive all
inquiries regarding claims within 180 days of the date that
you claim you became fully eligible for the Principal
Reduction or Interest Rate Reduction.
25.
These
Terms and Conditions of this program are subject to change without notice.
26.
The
program is void where prohibited by law.
27.
If
a court of competent jurisdiction finds any provision of these
Terms and Conditions to be void, then the court shall strike
the offending provision while giving the remaining provisions
full force and effect.
28.
Goal
Financial, LLC may suspend, terminate or modify this Program
at any time with or without notice and without liability to
you or any other person.
29.
The
laws of the state of
California
shall govern and
be used to construe these Terms and Conditions.
30.
You
should direct any questions regarding this program to Goal
Financial Customer Service at 866-290-4222.
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