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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"
means Federal PLUS, Stafford and Grad PLUS Loan borrowers of Goal Financial
whose loan(s) meet the eligibility requirements. "Program" means
the Goal Financial Federal PLUS, Stafford, and Grad PLUS Loan Payment Waiver
Borrower Benefits Program.
Due to the 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.
A "Payment Waiver" is defined as an intentional
abandonment of the final 6 (six) scheduled loan payments.
2.
Eligibility is restricted to Goal Financial Federal PLUS,
Stafford and Grad PLUS Loan borrowers who:
· Had their first
disbursement of their first loan on or after May 24, 2006 and before
10/1/2007; and
· Have made all scheduled
payments on their loan up to the final 6 scheduled payments as outlined by
their Disclosure Statement ;
· Are not participating in
any other Goal Financial Federal PLUS, Stafford , or Grad PLUS Loan loyalty
or reward programs ; and
· Do not subsequently
consolidate this loan.
3.
We base the Payment Waiver on the schedule of payments as
outlined by your Disclosure Statement.
4.
You can receive a Payment Waiver only once during the term of
your loan.
5.
Customers enrolled in the Goal Financial Federal PLUS, Stafford,
and Grad PLUS Loan Borrower Benefits Program are not eligible for any other
Goal Financial Federal PLUS, Stafford, or Grad PLUS Loan loyalty or reward
programs.
6.
We will notify you by mail of your Payment Waiver. All Payment
Waivers will be applied at the beginning of your 6th (sixth) and final
scheduled payment.
7.
Goal Financial reserves the right to adjust Payment Waiver
amounts to correct calculation errors. For example, if you receive a Payment
Waiver in excess of the amount you should have received, we will adjust your
loan balance for the erroneous Payment Waiver.
8.
You should allow 15 days from the time you sent your qualifying
payment for the notification of your Payment Waiver.
9.
You may not transfer or assign your Payment Waiver.
10.
Liability for any tax on any benefits provided to you pursuant
to this program shall be your sole responsibility. We recommend that you
contact your own accountant or tax advisor in this regard.
11.
We provide the Program "As Is" and "As
Available." To the maximum extent permitted by law, we disclaim all
representations and warranties, express or implied, with respect to the
Program, including, but not limited to, implied warranties of merchantability
and fitness for any particular purpose and implied warranties arising from
course of dealing or course of performance.
12.
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 entering this
Program). You further waive all rights to have damages multiplied or
increased.
13.
We shall not be liable for any loss or damage whatsoever which
is suffered (including, without limitation, indirect or consequential loss),
or for a personal injury suffered or sustained, as a result of your
participation in this Program, except for any liability which cannot be
excluded by law.
14.
In the event that you claim that you are eligible for the
Payment Waiver 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 absolute discretion. We must receive all inquiries regarding claims
within ninety (90) days of the date that you claim you became fully eligible
for the Payment Waiver. You agree to continue to make timely payments until
the claim is settled. Our decision on all matters pertaining to this Program
is final and binding.
15.
You authorize us to disclose to third parties information you
have provided, or information that we have obtained about you:
· To agents of the Program
or its affiliates, such as independent auditors, consultants or attorneys; or
· To the extent required by
law, including as may be necessary in order to comply with any government
investigation or court order; or
· Where it is necessary for
the redemption, processing, verification or transfer of your Payment Waiver.
16. The Terms and Conditions
of this program are subject to change without notice. However,
no changes will be made to this Program which would affect any benefits under
this Program as offered to you when your loan was originally disbursed.
17.
The Terms and Conditions of this program are void where
prohibited by law.
18.
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.
19.
Goal Financial, LLC may suspend or terminate this Program at any
time with or without notice and without liability to you or any other person.
However, we will not suspend or terminate the Program for any borrowers
who were eligible to participate in this Program at the time his or her loan
was originally disbursed.
20.
The laws of the state of California shall govern and be used to
construe these Terms and Conditions.
You
should direct any questions regarding this program to Goal Financial Customer
Service at 866-290-4222.
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