Website Terms Of Use

Please read these Website Terms of Use (“Terms”) carefully before accessing any website or other online forum available on Mos.com or other Askmos, Inc. websites (collectively, the “Website”). Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing the Website, you signify that you have read these Terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit the Website. Askmos, Inc. (Mos) is not affiliated with the U.S. Department of Education or any State or Federal government agency.

Welcome to Mos

Welcome to Mos. Askmos, Inc. (“Askmos,” “Mos,” “Mos.com,” “we” and “us”) provides a cloud-based, financial aid assistance service to help students locate financial aid providers and efficiently submit financial aid applications to these providers (the “Service”). These Terms govern your use of the Website only, not the Service. Your use of the Service through a free account or a purchased plan is governed by the Service Terms and Conditions located at www.mos.com/service-terms.

Eligibility To Use Our Website

Location

You may access the Website from anywhere in the world. Use of the Website is void where prohibited by law. If your use of the Website is prohibited by applicable laws, then you aren’t authorized to use the Website. We can’t and won’t be responsible if you use the Website in a way that breaks the law.

Fees

It’s free to use the Website. (You may be required to pay a fee to use the full set of functionality offered by the Mos Service if you become our customer.)

Age

You are not authorized to access or use the Website if you are under 13 years old. Individuals under 18 years old must at all times use the Website only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Website user and will be responsible for any and all use of the Website by the individual under 18.

Your Mos Account

We may ask you to register as a visitor to our Website by asking you for information including your name, email address, and password. We do this so we can save and encrypt any information that you choose to share with us as you use the Site. Without creating an account, we cannot and do not store information you may provide. Please review our Privacy Notice for information about how we process this information.

Compliance

To be eligible to use the Website you must comply with these Terms and all local laws regarding online conduct. You understand that Mos owns the Website. You agree not to screen scrape, reproduce, infringe, modify, publish, transmit, create derivative works based on, or otherwise exploit any of the Website.

Mos Retains the Right to Revoke, Suspend, or Restrict Website Use

Mos may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Website. If Mos bans you from the Website, you may not return to the Website for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Website after you’ve been banned, you will be deemed to have breached these Terms, and Mos reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

Visitor Content You Provide to the Website

Visitor Content is data you provide to the Website for viewing and commentary by other visitors to the Website. Visitor Content may include, for example, comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information you choose to post to the Website.

You may choose to post Visitor Content that is personal information about yourself but please think carefully before you do this, because all Visitor Content is visible to other visitors to the Website. You are strictly prohibited from posting Visitor Content that you do not own of that is personal information about others.

Mos cannot and does not review all Visitor Content. By posting Visitor Content, you represent that you have the full legal right to provide the Visitor Content. You may not contribute any Visitor Content that: (a) infringes any intellectual property rights or rights of privacy of any person or entity; (b) violates any law; (c) is threatening, harassing, obscene, indecent or generally false or misleading; (d) violate community standards of decency; or (e) is the confidential information of any third party.

You retain all right, title and interest in and to the Visitor Content that you submit and all intellectual property rights embodied therein. Upon your posting of Visitor Content, you grant Mos a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the Visitor Content, all without any compensation to you whatsoever. If you want to delete your Visitor Content from the Website then contact support@mos.com.

If you believe that any content on our Website violates anyone’s intellectual property rights, please follow our complaint procedure at Section 12.

Fees and Online Payment for the Mos Service

Fees and Billing

Prices on the Website are quoted in U.S. dollars. Mos accepts credit card payments for purchases of the Mos Service plans (each, a “Plan”).

If you use the Website to purchase a Plan then you agree to pay in full the price for the Mos Service by credit card, debit card, or by any other payment means acceptable to Mos as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Mos does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

Privacy

Please review our Privacy Notice at www.mos.com/privacy-notice. The Privacy Notice is incorporated into these Terms.

Third Party Content And Links

Content created by parties other than Mos may appear on this Website, or through links accessible on this Website. Mos is not responsible for and assumes no liability for any content created by others or posted by others. By using this Website, you understand that the information and opinions in any non-Mos content represent solely the thoughts of the respective author and are neither endorsed by Mos nor do they necessarily reflect any opinions or beliefs held by Mos.

This Website may include hyperlinks to other websites maintained or controlled by third parties unrelated to Mos, such as the U.S. Department of Education and fafsa.gov. Mos is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these other websites. Mos is neither responsible for nor assumes any liability for the content of any website maintained or controlled by any third party.

Dispute Resolution, Choice of Law and Mandatory Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIM BETWEEN YOU AND ASKMOS IS RESOLVED.

Choice of Law and Venue

Except to the extent applicable law, if any, provides otherwise, these Terms will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the County of San Francisco, California.

Arbitration

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator, or panel of arbitrators, instead of a judge or jury. Court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to: (a) arbitrability, (b) the scope or enforceability of the agreement to arbitrate in this Dispute Resolution section, or (c) the interpretation of the paragraph entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought without the posting of a bond), any dispute arising from or relating to the subject matter of these Terms (or previous versions of these Terms) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Not withstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND ASKMOS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ASKMOS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ASKMOS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Changes to the Terms

We are constantly trying to improve our Website, so these Terms may change along with the Website. We reserve the right to change the Terms at any time. If we make material changes to the Terms then we will notify you here in these Terms. Mos may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website after we have modified this posting will constitute your acceptance of any changes. If you don’t agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Website. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Intellectual Property

We respect the intellectual property of others and hope you will too. The Terms do not transfer from Mos to you any Mos or third party intellectual property. All right, title, and interest in and to such intellectual property will remain (as between the parties) solely with Mos.

The Mos name, Mos logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Mos or Mos’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Website may be the trademarks of other third parties. Your use of our Website grants you no right or license to reproduce or otherwise use any Mos or third party trademarks.

Disclaimer of Warranties

Our Website is provided “as is.” Mos, and its suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mos, nor its suppliers and licensors, makes any warranty that our Website content will be error free or that access to the Website will be continuous or uninterrupted. You understand that you download content as permitted by Mos at your own discretion and risk.

Indemnification

You agree to indemnify and hold harmless Mos, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Website, including but not limited to your violation of these Terms.

Copyright Infringement Complaint Procedures.

If you believe that any content on the Website violates your copyright or another party’s rights, please notify Mos’s copyright agent by email at copyright@mos.com or in writing to Copyright Agent at 660 4th Street, Suite 193, San Francisco, California 94107. We prefer email.

Your message must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Mos will respond to all such notices, including as required by removing the infringing material or disabling links to infringing material. Mos will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be an infringer of the copyrights or other intellectual property rights of Mos or others.

Concerns

If you have any concerns regarding the above terms and conditions, please contact us at support@mos.com with your query. We will do our best to address and resolve your concerns.