Online Services Terms of Use

These ONLINE SERVICES TERMS OF USE (“TERMS OF USE”) state the terms and conditions that govern your use of the website(s) (“Online Services”) offered by Diem Tua Online, doing business as American Education Services (“Diem Tua Online”). By accessing or using any of the information, materials or functions available on Online Services, you agree to and understand the following TERMS OF USE. Diem Tua Online may amend or change the Online Services or these TERMS OF USE from time to time, in our sole discretion, by posting updated terms and conditions within Online Services or by providing written notice to you by email or U.S. Mail. You agree to be bound by any modifications, changes, or revisions made by Diem Tua Online to the Online Services or to these TERMS OF USE. You agree that you are responsible for reviewing these TERMS OF USE regularly, and your continued use of Online Services constitutes your acceptance of any modifications, changes, or revisions to Online Services or these TERMS OF USE.

These TERMS OF USE are in addition to any other terms and conditions that may apply to accounts you have with Diem Tua Online or to any other services or information provided by Diem Tua Online. Where appropriate, please review those specific terms and conditions.

As used in these TERMS OF USE, “you” or “your” refers to you or to any other person you permit to use Online Services on your behalf. “We” or “our” refers to Diem Tua Online or any agent, designee or contractor of Diem Tua Online.

Diem Tua Online intends for the information, materials and functions contained on Online Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through Online Services. Any calculations, functions or tools available on Online Services are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your account. The reasons for this variation include, but are not limited to: (1) loan servicers may use different repayment calculations; (2) loan servicers may make other calculation assumptions; or (3) loan servicers may use different interest rates and processing methods. Actual loan repayment amounts are established by you and your lender.

Submission of any forms via Online Services does not automatically qualify you for financial aid. When indicated, you may print and return a completed form to Diem Tua Online or another applicable entity, depending on the type of financial aid involved. Diem Tua Online reserves the right to deny or invalidate requests, forms or applications submitted on altered forms. Any requests and/or submitted applications are subject to review and approval by and at the discretion of Diem Tua Online.

Third Party Links and Resources

Online Services contains links to other Internet sites and resources that are not related to or controlled by Diem Tua Online. Diem Tua Online assumes no responsibility and/or liability for any errors or omissions in the materials or information available on or through such other Internet sites or resources. The existence of such links is not an endorsement by Diem Tua Online of such Internet sites or the resources, contents, or operators thereof. In addition, such other Internet sites and resources may provide less security than Diem Tua Online and have a privacy policy different than that of Diem Tua Online. Your access to and use of such Internet sites and resources is at your own risk.

Warranties Disclaimer

ONLINE SERVICES, INCLUDING ALL CONTENT, SOFTWARE AND INFORMATION MADE AVAILABLE ON ONLINE SERVICES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Diem Tua Online MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE TO USE ONLINE SERVICES AND ANY MATERIALS OR INFORMATION PROVIDED BY Diem Tua Online (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) AT YOUR SOLE RISK AND THAT Diem Tua Online CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE INFORMATION ACCESSIBLE FROM ONLINE SERVICES WILL BE FREE OF COMPUTER VIRUSES. Diem Tua Online RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF ONLINE SERVICES AT ANY TIME, FOR ANY REASON AND WITHOUT NOTICE TO YOU.

Damages

Diem Tua Online SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, OPPORTUNITIES, PROFITS OR DATA, WHETHER ARISING FROM OR RELATED TO ANY ACTION IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF ONLINE SERVICES OR THE MATERIALS AND INFORMATION CONTAINED HEREIN OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, LINE SYSTEM FAILURE, LOSS OF DATA, LOSS OF USE, OR OTHER DEFECT RELATED TO ONLINE SERVICES, EVEN IF Diem Tua Online IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Limitations on Use

Users shall not transmit any material or information to Online Services that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law. Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of Online Services. Any attempted violation of law may result in litigation against the offender by Diem Tua Online or any proper authority. Diem Tua Online will fully comply with applicable authorities to provide any information necessary for the litigation process.

Intellectual Property Notices

Except where otherwise expressly noted or as noted below, the contents of Online Services, including graphics, icons, text, screens and overall appearance of Online Services, are the sole and exclusive property of Diem Tua Online and are protected by United States copyright and trademark laws. The posting of the contents of Online Services is not a waiver of any of Diem Tua Online's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to you or to any third party.

Account Information, Password Protection & Indemnification

Online Services provides a secure online tool that enables you to manage your student loan account with us via the Internet (“Account Access”). If you create an online access account via Account Access, you are responsible for maintaining the confidentiality of any username and password and for any and all activities that occur under your password or account. You agree to protect and keep confidential your account information, user IDs, passwords, PINs, or any other means of accessing your account or any other information or content on Online Services, as applicable. You also agree to immediately notify Diem Tua Online of any unauthorized use of your account or any other breach of security known to you regarding your account or use of Online Services by phone at (84.8) 385-234-85, or by email at contact@diemtuaonline.com. If you disclose any of the foregoing information, you assume all risks and losses associated with such disclosure. If you permit any other person to access your account or your account information, user IDs, passwords, PINs, or any other means of accessing your account, you are responsible for any resulting transactions or activities. You agree to indemnify, defend, and hold harmless Diem Tua Online, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of Online Services or use by any other person accessing Online Services using your username and password.

Security Of Transmissions

Transmissions to and from Online Services may not be confidential and your communications may, therefore, be read or intercepted by others. This site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, such as Internet Explorer 6 or Safari 3, you may be unable to view all of the information and materials contained on this site.

Choice Of Law

Your access to and use of Online Services and these TERMS OF USE shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws thereof, and the laws of the United States.

Miscellaneous Terms

To the extent any portion of these TERMS OF USE are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these TERMS OF USE, as so modified, shall remain in full force and effect.

No waiver by Diem Tua Online of any right under or term or provision of these TERMS OF USE will be deemed a waiver of any other right, term, or provision of these TERMS OF USE at that time or a waiver of that or any other right, term, or provision of these TERMS OF USE at any other time.