Terms and Conditions

Terms and Conditions of Using www.nygearup.org

The New York State Higher Education Services Corp. ("HESC"), an agency of New York State, operates www.nygearup.org ("site") to conduct its business and as an informational source for the public. We welcome you and invite you to use it. Your access to and use of this site is subject to the following Terms and Conditions, and applicable law and regulations. HESC may revise these Terms and Conditions anytime without notice. They bind you whenever you access or use this site, so you should review these pages periodically.

Using www.nygearup.org

Whenever you access this site or use this site, you accept without limitation, these Terms and Conditions. This site is intended for authorized use by authorized users only. Unauthorized attempts to upload or alter information on this site are strictly prohibited and may be punishable under state and federal law. Unauthorized attempts to view, download or alter the private information of other users contained herein is strictly prohibited and may be punishable under state and federal law. You may not distribute, modify, copy, transmit, use or reuse the content herein for commercial purposes, except with HESC's written permission.

Copyright Notice

Everything you read, see, or use on this site belongs to HESC, the State of New York, or another owner where noted. You cannot use it except as provided for in these Terms and Conditions. If you link to another site from here, assume the material in that site belongs to its owner. 

Privacy

Safeguarding the personal information you may give us while using this site is important to us. “Personal information” means any information concerning a person that, because of name, number, symbol, mark, or other identifier, can be used to identify that person. HESC does not disclose any personal information about you to anyone, except as permitted by law.   Please see our Privacy Policy.

A Word About Links - Content, Privacy, No Endorsement

HESC provides links to other sites for your information and reference. When you click on a link to visit another site, a frame will appear that contains the HESC logo or other HESC content but HESC has no control over those sites. Accordingly, HESC makes no representation or warranty about them and accepts no responsibility or liability for their content or functionality. The presence of links to other sites on this site is not an endorsement of any kind by HESC or the State of New York.

Many sites have their own privacy policy and terms and conditions of use. When you link to another site, you become subject to that site's practices and policies, and HESC urges you to review that site's policies before you give any personal information therein. 

Disclaimer

HESC makes no representations or warranties with respect to www.hesc.ny.gov or its contents, which HESC provides for your use "as is" and "as available."

HESC disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to www.hesc.org and any site with which it is linked.

HESC does not warrant:

  • The functions, information or links contained on www.hesc.org or
  • That its contents will meet your requirements, or
  • That www.hesc.ny.gov, or its contents, are fit for any particular purpose, or
  • That the operation of www.hesc.org or its contents will be uninterrupted or error-free, or
  • That defects will be corrected, or
  • That this site or the server that makes it available are free of viruses, worms, Trojan horses, cancelbots, or other harmful components.


Applicable law may not allow the exclusion of implied warranties, so the above exclusion regarding implied warranties may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, will HESC be liable to you or any other user or third party for any direct, special, incidental or consequential damages or expenses, including attorney's fees that result from your use of, or your inability to use, the materials on www.hesc.ny.gov, even if HESC or a HESC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Governing Law

These terms and conditions and any claim or cause of action arising out of, or relating in any way to this site, shall be governed by the laws of the State of New York, without regard for New York's choice of law statute. You agree that any claim or cause of action arising out of, or relating in any way to this site and/or these terms and conditions shall be determined by a New York court of competent jurisdiction as prescribed by New York State Education Law, Section 653(4).