Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL-ARBITRATION AGREEMENT, A CLASS-ACTION AND CLASS-ARBITRATION WAIVER, AND A JURY-TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS (SECTION 25). YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 25.7.

1. Introduction; Acceptance

These Online Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Client,” as applicable) and JOCO Enterprises LLC, a California limited liability company, doing business as Private Student Relief (“PSR,” “Company,” “we,” “us,” or “our”), with respect to your access to and use of the website www.privatestudentrelief.com, any related sub-domains, landing pages, online forms, mobile interfaces, and any consulting or related services we offer through those properties (collectively, the “Services”).

By accessing the Services, submitting information through any of our forms (including privatestudentrelief.com/apply/), communicating with us, or engaging us, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

2. Definitions

• “Engagement Agreement” means any separate written or electronic services agreement, engagement letter, statement of work, or scope-of-services document signed or accepted by you and PSR which describes the specific Services to be provided to you and the applicable fees.
• “Marketing Agency” means E-ideas Limitada, an independent third-party agency organized under the laws of the Republic of Colombia, which performs our marketing, search-engine-optimization, online-advertising creative, ad-account management, web-design, and Site-development work under our written instructions.
• “Provider Partner” means an independent third-party service provider with whom PSR contracts to perform certain operational and substantive components of the engagement, as further described in Section 7.
• “Site” means each website, sub-domain, landing page, online form, or other online interface owned or operated by PSR.
• “User Content” means any information, documents, statements, signatures, recordings, photographs, or other materials you submit to PSR.

3. Who We Are; Critical Disclosures About Our Role

PSR is a consulting organization that educates and assists former college students and their cosigners with strategies to address private (non-federal) student-loan debt, including consumer-driven debt-validation strategies under the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.), forgiveness counseling, and consolidation counseling. PSR has been operating since 2015 and currently serves clients in forty-eight (48) U.S. states.

You acknowledge and agree that:

• PSR is NOT a law firm, attorney, or provider of legal advice. No attorney-client relationship is created between you and PSR by virtue of your use of the Services.
• PSR is NOT a debt-settlement company, debt-consolidation company, debt collector, debt buyer, credit-repair organization (within the meaning of the federal Credit Repair Organizations Act), credit-counseling agency, or licensed loan originator, lender, broker, or servicer.
• PSR does not assume your debts, hold or escrow client funds for the purpose of paying creditors, or make payments to creditors on your behalf.
• PSR does not provide legal, tax, accounting, investment, or financial advice. Any general information we provide is educational only and is not a substitute for professional advice from a licensed attorney, certified public accountant, or licensed financial professional.
• Certain operational and substantive components of the engagement — including, where applicable, the execution of debt-validation correspondence, consumer-protection demand letters, FDCPA-related dispute processes, and certain back-office services — are performed by an independent Provider Partner. The Provider Partner is a separate legal entity, with its own management, personnel, professional licensure (where applicable), policies, terms, and engagement documents. Any consumer ratings, accreditations, memberships, or trade-association affiliations referenced on our Sites in connection with the Provider Partner belong to the Provider Partner, not to PSR.
• Your relationship with the Provider Partner, if any, is governed by the Provider Partner’s separate engagement documents and terms. PSR is not a guarantor of, and is not responsible for, the independent professional conduct of the Provider Partner.

4. Eligibility; Service Area

To use the Services or to become a Client, you must: (a) be at least eighteen (18) years of age and competent to enter into a binding contract; (b) be a U.S. resident with a primary residence in one of the forty-eight (48) U.S. states we currently serve; and (c) not be a resident of South Carolina or Mississippi, where the Services are not offered. We reserve the right to verify eligibility and to decline or terminate Services if any eligibility requirement is not met. You represent and warrant that you satisfy these eligibility requirements.

5. Description of Services

The Services include, depending on the Engagement Agreement applicable to you, some or all of the following:

• Educational and informational content regarding private-student-loan debt, the FDCPA, debt-validation rights, and related topics, made available through the Sites and direct communications;
• Free initial consultation to evaluate, at a high level, your private-student-loan situation and to determine whether our consulting services may be a fit;
• Private-student-loan debt-validation consulting — education and coordination services regarding the consumer-driven debt-validation process, with execution of related correspondence performed by the Provider Partner;
• Private-student-loan forgiveness counseling and consolidation counseling — non-legal educational consulting regarding strategies, options, eligibility considerations, and lender-negotiation approaches;
• Document organization and intake, file management, status updates, and client-support communications.

The specific Services to be provided to you, the deliverables (if any), the timeline, and the fees are governed by the Engagement Agreement signed or accepted by you. To the extent of any conflict between these Terms and an Engagement Agreement that you and PSR have signed, the Engagement Agreement controls with respect to the matters it specifically addresses.

6. NO GUARANTEES; Results May Vary

RESULTS VARY. The outcome of any engagement depends on numerous factors that are unique to you and outside of PSR’s control, including the documentation in your possession, the conduct of lenders, servicers, debt collectors, debt buyers, courts, and credit-reporting agencies, applicable state and federal law, your timely cooperation, and changes in your financial circumstances. PSR makes no representation, warranty, promise, or guarantee that any specific outcome will be achieved in your case, including but not limited to: (a) any specific reduction of, or release from, any debt; (b) any specific settlement amount; (c) any specific timeframe to resolution; (d) any specific change to your credit report or credit score; (e) successful validation, forgiveness, or consolidation of any particular account; or (f) avoidance of litigation, judgment, or collection activity.

Any case studies, testimonials, ratings, statistics, or examples described or shown on the Sites or in marketing materials reflect past results that are not necessarily typical and are not a guarantee or prediction of any future result in your case. Aggregate metrics (such as the total number of clients served, average reductions, or similar figures) reflect aggregate program performance over time and are not promises with respect to your individual file.

7. Provider Partner Relationship

PSR contracts with one or more independent Provider Partners to perform certain operational and substantive components of the engagement, as described in Section 3. Each Provider Partner is a separate legal entity. Where a Provider Partner’s direct engagement with you is required, you will receive separate engagement documents from the Provider Partner, and your relationship with the Provider Partner will be governed exclusively by those documents.

You authorize PSR to share with the Provider Partner the personal information and documents reasonably necessary for the Provider Partner to perform its scope, consistent with our Privacy Policy and any consents you have provided. PSR is not a successor to, agent of, or guarantor of the Provider Partner, and PSR shall not be liable for the acts, omissions, errors, or independent professional conduct of the Provider Partner, except to the extent expressly required by applicable law.

8. Engagement Process; Becoming a Client

Submitting information through the Sites, including through the form at /apply/, requesting a free consultation, or communicating with us through any of our channels does not, by itself, create an engagement. An engagement begins only when (a) PSR has accepted you as a Client, (b) you have signed or electronically accepted an Engagement Agreement, and (c) any required identity-verification, eligibility, and intake steps have been completed. PSR reserves the right, in its sole discretion, to decline to accept any individual as a Client and to require additional information or documentation before doing so.

9. Your Responsibilities and Representations

You agree to: (a) provide accurate, current, and complete information in connection with the Services and to update that information as needed to keep it accurate; (b) cooperate in good faith with PSR and any Provider Partner, including by promptly providing requested documents, signatures, and information; (c) promptly forward to PSR (or to the Provider Partner, when so directed) any communications, notices, calls, letters, lawsuits, summonses, or other process you receive in connection with any private-student-loan account that is the subject of the engagement; (d) not provide any false, misleading, or fabricated documents or statements; (e) not impersonate any other person, withhold material information, or use the Services in connection with any debt or account that is not yours or that you are not authorized to address; (f) review communications and recommendations from PSR and the Provider Partner promptly and respond on a reasonable timeline; (g) make your own decisions, including any decision to seek or rely on advice from a licensed attorney, CPA, or financial professional; and (h) comply with all applicable laws.

You represent and warrant that all information you provide is accurate and complete to the best of your knowledge, that you have authority to engage PSR with respect to any account or matter you submit to us, and that you are not subject to any restraining order, injunction, court order, bankruptcy stay, or other legal restriction that would prohibit, limit, or interfere with the engagement.

10. Fees, Billing, Refunds, and Cancellation

The fees, payment schedule, payment methods, refund terms (if any), and cancellation rights applicable to your engagement are set forth in your Engagement Agreement. PSR’s fees are charged for its consulting services; PSR does not collect fees for, or in connection with, any specific debt-settlement amount, and PSR does not assume or pay your debts. By accepting an Engagement Agreement, you authorize PSR to charge the payment method you have provided in accordance with the schedule and terms specified in that Engagement Agreement. You are responsible for keeping your payment information current. Failed or returned payments may, after notice and a reasonable cure period, result in suspension or termination of the engagement. To the extent any provision of these Terms or any Engagement Agreement conflicts with a mandatory consumer-protection law (including any cancellation or refund right that cannot be waived), the mandatory law controls.

11. Electronic Communications, Records, and Signatures (E-SIGN Consent)

By using the Services, you consent, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and analogous state laws, to: (a) receive communications, notices, disclosures, and records from PSR and any Provider Partner electronically (including by email, SMS/MMS, web portal, or in-app message); (b) sign documents electronically and to have your electronic signature have the same legal effect as a hand-written signature; and (c) maintain records electronically. To access electronic records you will need a device with internet access, an updated browser, an email account capable of receiving messages from us, and software capable of opening common file formats (e.g., PDF). You may withdraw your E-SIGN consent at any time by contacting henry@privatestudentrelief.com; if you do, we may be unable to continue providing certain Services to you. You may request paper copies of electronic records by submitting a written request to the address in Section 33; we may charge a reasonable fee for paper copies as permitted by law.

12. Communications Consent (Calls, SMS, Email, Recording)

Your consent to communications by telephone, SMS/MMS, and email, including the use of automatic telephone dialing systems, prerecorded or artificial-voice messages, and AI-generated voices, is governed by Section 7 of our Privacy Policy, which is incorporated by reference. You acknowledge and agree that certain inbound and outbound voice communications, particularly during overnight hours, may be handled by an AI voice agent powered by VAPI (vapi.ai) and routed through our contact-center platform Kixie, as further described in Section 7.1 of the Privacy Policy. You agree that all calls, voicemails, SMS/MMS messages, web chats, and video calls between you and PSR (or our authorized representatives, including any AI voice agent operating on our behalf) may be recorded, transcribed, monitored, and stored for quality assurance, training, dispute resolution, regulatory compliance, fraud prevention, and recordkeeping purposes, to the fullest extent permitted by applicable law (including, where applicable, the laws of all-party-consent jurisdictions). You may revoke marketing consent at any time as described in the Privacy Policy. Consent is not a condition of purchase or of obtaining the Services.

13. No Legal, Tax, or Financial Advice

PSR’s educational and consulting Services are not legal, tax, accounting, investment, or financial advice. The Services do not create an attorney-client, fiduciary, or advisory relationship. You should consult with a licensed attorney, certified public accountant, certified financial planner, or other qualified professional regarding the specific legal, tax, or financial implications of any course of action discussed during the engagement. Strategies discussed during the engagement may have collateral consequences, including potential effects on your credit, possible litigation initiated by creditors or debt collectors, possible adverse tax consequences (such as cancellation-of-indebtedness income reportable on IRS Form 1099-C), and other consequences. PSR is not responsible for those consequences.

14. Intellectual Property

The Sites, the Services, and all content available through them — including text, graphics, photographs, illustrations, logos, marks, audio, video, software, code, layouts, “look and feel,” databases, and educational materials (the “PSR Content”) — are owned by PSR or its licensors and are protected by U.S. and international intellectual-property laws, including copyright, trademark, trade-dress, and trade-secret laws. Certain portions of the Site design, copy, ad creative, and visual assets are produced for PSR by our authorized Marketing Agency under work-for-hire and assignment provisions, and PSR holds the resulting rights as among the parties; nothing on the Sites grants you any ownership of, or implied license to, those assets.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the PSR Content for your personal, non-commercial use in connection with the Services. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, sell, lease, transmit, broadcast, frame, deep-link, scrape, or otherwise exploit the PSR Content without our prior written consent. Private Student Relief, the PSR logo, and any related names and slogans are trademarks of PSR or its affiliates; all third-party marks are the property of their respective owners.

Your User Content. You retain ownership of your User Content. You grant PSR (and our Provider Partner, Marketing Agency, and other service providers acting on our behalf) a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, store, transmit, modify, and display User Content for the purpose of providing, administering, securing, defending, and improving the Services and complying with law. You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not violate any law or third-party right.

Feedback. If you provide suggestions, ideas, or feedback regarding the Services, you grant PSR a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without obligation or compensation.

15. Acceptable Use; Prohibited Conduct

You agree not to: (a) use the Services for any unlawful, fraudulent, deceptive, or harmful purpose; (b) submit User Content that is false, misleading, defamatory, infringing, obscene, threatening, harassing, hateful, or that violates any law or third-party right; (c) attempt to gain unauthorized access to the Sites, accounts, or systems; (d) probe, scan, or test the vulnerability of the Sites or breach any security or authentication measure; (e) introduce any virus, worm, malware, ransomware, or other malicious code; (f) use any automated means (including bots, crawlers, scrapers, or harvesters) to access or extract data from the Sites without our prior written consent (except for legitimate search-engine indexing); (g) reverse-engineer, decompile, or attempt to derive the source code of any component of the Services; (h) impersonate PSR or any of our employees, agents, or representatives, or create domains, social-media accounts, or communications that suggest a false affiliation with PSR; (i) use the Services to make unsolicited commercial communications, conduct telemarketing in violation of the TCPA or TSR, or send spam; (j) submit account information or documentation that is not yours or for which you do not have proper authorization; or (k) interfere with the use or enjoyment of the Services by others.

16. Third-Party Sites and Services

The Sites may contain links to or content from third-party websites, applications, plug-ins, or services that are not operated or controlled by PSR. Those third parties operate independently and have their own terms and privacy practices. PSR does not endorse and is not responsible for the content, availability, accuracy, products, or services of any third-party site or service, or for any damages or losses arising from your use of them.

17. Confidentiality of Engagement Information

Subject to our Privacy Policy and applicable law (including legal-process responses, fraud-prevention activities, and the cooperation rights described in these Terms), PSR will treat the substantive information you provide in the course of an engagement as confidential and will use it only for the purpose of providing the Services. You agree to keep confidential any non-public materials, strategies, templates, or proprietary processes that PSR or the Provider Partner shares with you in connection with the engagement, and you may not disclose those materials to third parties without prior written consent (except to your own licensed attorney, CPA, or other professional advisor under a duty of confidentiality).

18. DMCA Notice and Takedown

PSR respects the intellectual-property rights of others. If you believe that any content on the Sites infringes your copyright, please send a written notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent. Notices must include: (a) a physical or electronic signature of the rights-holder or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement of good-faith belief that use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights-holder.

DMCA Designated Agent: Privacy & Compliance Office, JOCO Enterprises LLC, 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626. Email: henry@privatestudentrelief.com. Knowingly submitting a false notice may subject you to liability under 17 U.S.C. § 512(f).

19. Disclaimers of Warranties (AS IS / AS AVAILABLE)

THE SITES, THE SERVICES, AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PSR DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PSR DOES NOT WARRANT THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (c) ANY SPECIFIC RESULT WILL BE ACHIEVED, (d) ANY DEFECT WILL BE CORRECTED, OR (e) THE SITES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THOSE JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW:

• (a) Excluded Damages. IN NO EVENT SHALL PSR, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, MARKETING AGENCY, PROVIDER PARTNER, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES, THE SITES, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• (b) Cap on Direct Damages. THE TOTAL AGGREGATE LIABILITY OF PSR AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, THE SITES, OR THESE TERMS — WHETHER IN CONTRACT, TORT, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU ACTUALLY PAID TO PSR FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).
• (c) Independent Conduct of Third Parties. PSR SHALL NOT BE LIABLE FOR THE INDEPENDENT ACTS, OMISSIONS, ERRORS, OR PROFESSIONAL CONDUCT OF THE PROVIDER PARTNER OR ANY OTHER INDEPENDENT THIRD PARTY, EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW.
• (d) Mandatory Law. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND PSR AND THAT THE FEES CHARGED REFLECT THIS ALLOCATION OF RISK.

21. Indemnification

You agree to indemnify, defend, and hold harmless PSR and its affiliates, officers, directors, members, employees, contractors, Marketing Agency, and Provider Partner (the “Indemnitees”) from and against any and all claims, demands, actions, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms or any Engagement Agreement; (b) your User Content; (c) your violation of any law or third-party right; (d) any false, inaccurate, or misleading information you provided to PSR; (e) your use of the Services in a manner not authorized by these Terms; or (f) any dispute between you and a Provider Partner, lender, servicer, debt collector, debt buyer, court, or other third party. The Indemnitees may, at their option, control the defense of any such matter at your expense, and you shall cooperate with that defense. You shall not settle any matter without PSR’s prior written consent.

22. Force Majeure

PSR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, fires, floods, earthquakes, pandemics or epidemics, governmental orders, civil disturbances, war, terrorism, cyberattacks, network or utility failures, internet outages, or labor disputes.

23. Termination

You may terminate your engagement at any time in accordance with the cancellation provisions of your Engagement Agreement. PSR may, in its discretion and upon notice (except in cases of fraud, threat to safety, or violation of law where immediate termination is appropriate), suspend or terminate your access to the Services or any engagement for any reason, including non-payment, breach of these Terms or any Engagement Agreement, the Services becoming unavailable in your state, suspected fraud, abusive conduct, or business or legal reasons. Upon termination: (a) your license to use the PSR Content ends; (b) any fees incurred prior to termination remain due in accordance with the Engagement Agreement; and (c) the provisions of these Terms that by their nature should survive (including Sections 6, 9, 10 with respect to accrued amounts, 13, 14, 17, 19, 20, 21, 24, 25, 26, 28, 29, 30, 31, 32, and 33) shall survive termination.

24. Survival

The provisions identified in Section 23 and any other provision that by its nature is intended to survive termination shall survive termination or expiration of these Terms.

25. Binding Arbitration; Class-Action Waiver; Jury-Trial Waiver

READ THIS SECTION CAREFULLY. IT REQUIRES THAT MOST DISPUTES BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.

25.1 Governing Statute

This Section 25 is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), to the maximum extent permitted by law. The parties agree that the FAA preempts any contrary state law to the extent of any conflict.

25.2 Covered Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, any Engagement Agreement, the Services, the Sites, the relationship between you and PSR, or any communications or interactions between you and PSR, including the validity, scope, or enforceability of this arbitration agreement (each, a “Dispute”), shall be resolved exclusively by final and binding individual arbitration, except as set forth in Section 25.3.

25.3 Carve-Outs

The following matters are not subject to arbitration: (a) any individual action brought in small-claims court within that court’s jurisdictional limits, so long as the action remains in small-claims court and is not removed or appealed to a court of general jurisdiction; (b) any action to obtain injunctive or other equitable relief to protect intellectual-property rights; (c) public injunctive relief in California (McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)) or in any other jurisdiction where such relief cannot be required to be arbitrated by contract; and (d) any matter that, by applicable non-waivable law, must be heard in court.

25.4 Pre-Arbitration Notice and Informal Resolution

Before initiating arbitration, you and PSR each agree to provide written notice of the Dispute to the other party (to PSR at henry@privatestudentrelief.com and to JOCO Enterprises LLC, 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626; to you at the most recent address PSR has on file). The notice shall describe the nature of the Dispute and the relief sought. The parties shall attempt in good faith to resolve the Dispute informally for sixty (60) days from delivery of the notice before initiating arbitration. The statute of limitations and any filing-fee deadlines are tolled during the informal-resolution period.

25.5 Arbitration Forum and Rules

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if the parties mutually agree in writing, by JAMS under its Streamlined Arbitration Rules and Procedures). The arbitration shall be conducted by a single neutral arbitrator. The seat of arbitration shall be Orange County, California, but you may elect to attend any in-person hearing telephonically, by video, or in your county of residence. The arbitrator may award any individual remedy that a court could award under applicable law, subject to the limitations in these Terms.

25.6 Costs of Arbitration

PSR will pay all AAA filing, administrative, and arbitrator fees in excess of any fee that you would have been required to pay if you had filed an individual action in court, except that you remain responsible for your own attorneys’ fees and costs unless the arbitrator awards them to you under applicable law. If the arbitrator finds that your claims are frivolous or brought for an improper purpose (as measured under Federal Rule of Civil Procedure 11), the arbitrator may shift fees in accordance with Rule 11.

25.7 Right to Opt Out

You may opt out of this arbitration agreement by sending a written notice of your decision to opt out within thirty (30) days of the date you first accepted these Terms. Notice must include your full name, mailing address, email address, and the statement “I opt out of the arbitration agreement contained in the Private Student Relief Terms of Service.” Notice must be sent to henry@privatestudentrelief.com with the subject line “Arbitration Opt-Out” or by U.S. mail to JOCO Enterprises LLC — Arbitration Opt-Out, 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626. Opt-out is not effective if it does not include the required information or is not sent within the thirty-day window. Opt-out applies only to this arbitration agreement; it does not affect any other provisions of these Terms.

25.8 Class-Action and Representative-Action Waiver

YOU AND PSR EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator finds that this waiver is unenforceable as to a particular claim or remedy that cannot be waived under applicable law, that specific claim or remedy (and only that claim or remedy) shall be severed and adjudicated in court (if non-arbitrable) or in arbitration on a non-class basis (if arbitrable), and the remaining provisions of this Section 25 shall remain in full force.

25.9 Mass-Filing Procedures

If twenty-five (25) or more demands of substantially similar nature are filed against PSR by or with the assistance of the same law firm or coordinated counsel within a sixty (60)-day window, the parties agree that those demands shall be administered as follows: (a) the parties shall select up to ten (10) bellwether arbitrations to proceed in two staggered rounds (five and five); (b) all other arbitrations and the running of any limitation periods shall be stayed pending completion of the bellwether process; (c) at the conclusion of the bellwether process, the parties shall participate in a global mediation in good faith; (d) if mediation does not resolve the remaining matters, the parties may elect to proceed with the remaining individual arbitrations or, by mutual written agreement, opt back into court. This procedure is intended to ensure orderly and economical adjudication and is not a class or representative proceeding.

25.10 Jury-Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PSR EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT FOR ANY REASON IS HEARD IN COURT RATHER THAN ARBITRATION.

25.11 Confidentiality of Arbitration

The existence, content, and result of any arbitration shall be kept confidential by the parties, except to the extent disclosure is required by law, by a court or governmental authority, or to enforce or challenge an award.

25.12 Survival

This Section 25 survives termination of these Terms and any engagement.

26. Governing Law and Venue

These Terms and any non-arbitrable Dispute shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 25. Subject to Section 25, exclusive venue for any non-arbitrable Dispute shall lie in the state or federal courts located in Orange County, California, and the parties consent to the personal jurisdiction of those courts. Nothing in this section deprives you of the protection of any mandatory consumer-protection law of your state of residence that cannot be waived by contract.

27. Modifications to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top of this page indicates when these Terms were last revised. For material changes, we will provide reasonable advance notice (for example, by posting a prominent notice on the Sites, by email, or by in-app message). Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services. Updates do not retroactively change accrued rights or obligations.

28. Anti-Fraud and Identity Verification

To protect our clients and prospective clients, you acknowledge and agree that PSR may take reasonable measures to verify your identity, the authenticity of documents, and the legitimacy of any request, payment, or transaction. PSR may delay or refuse any request, payment, transaction, or disclosure that we reasonably suspect may be fraudulent, unauthorized, illegal, or contrary to applicable law (including anti-money-laundering and economic-sanctions laws). You agree to promptly notify PSR if you suspect any unauthorized use of your account or any communication purporting to be from PSR that may be fraudulent. Additional anti-fraud information appears in Section 12 of our Privacy Policy.

29. State-Specific Notices and Disclosures

• Service Area. PSR provides Services to residents of forty-eight (48) U.S. states. PSR does not offer Services to residents of South Carolina or Mississippi.
• California — Notice Pursuant to Civil Code § 1789.3. Complaints may be addressed to PSR at henry@privatestudentrelief.com or by mail at the address in Section 33. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
• FTC Telemarketing Sales Rule (16 C.F.R. Part 310). PSR’s consulting services do not include the assumption, settlement, or modification of debt on your behalf. To the extent any portion of the Services is deemed a “debt-relief service” covered by the TSR, PSR will comply with the disclosure, fee, and recordkeeping requirements of the TSR, and the Engagement Agreement will document the disclosures required by 16 C.F.R. § 310.3 and § 310.4(a)(5).
• Credit Repair Organizations Act (CROA, 15 U.S.C. § 1679). PSR does not engage in credit-repair services. PSR does not represent that it will improve your credit record, history, or rating.
• Servicemember Notice. If you are an active-duty member of the U.S. Armed Forces, a covered dependent under the Military Lending Act, or a person protected by the Servicemembers Civil Relief Act, please notify us at intake so that we can apply any applicable protections.
• State Consumer-Protection Reservations. Nothing in these Terms is intended to limit any non-waivable right you may have under your state’s consumer-protection laws, including state debt-adjuster, credit-services-organization, telephone-consumer-protection, or unfair-and-deceptive-practices statutes.

30. Notices to PSR; Notices to You

Notices to PSR must be sent by email to henry@privatestudentrelief.com or by U.S. mail to JOCO Enterprises LLC, 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626. Notices to you may be sent by email to the email address you provided, by SMS to the phone number you provided, by U.S. mail to the most recent address PSR has on file, or by posting a prominent notice on the Sites. You are responsible for keeping your contact information current.

31. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without PSR’s prior written consent; any purported assignment without consent is void. PSR may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

32. Entire Agreement; Severability; Waiver; Headings; Construction

• Entire Agreement. These Terms, the Privacy Policy, and any Engagement Agreement signed or accepted by you constitute the entire agreement between you and PSR with respect to the subject matter and supersede any prior or contemporaneous understandings.
• Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect; provided, however, that if the class-action waiver in Section 25.8 is held unenforceable in a particular case as to a non-waivable claim or remedy, only that claim or remedy is severed.
• No Waiver. The failure of PSR to enforce any provision is not a waiver of its right to do so later.
• Headings; Construction. Headings are for convenience only and do not affect interpretation. The words “include” and “including” mean “include or including, without limitation.” These Terms shall not be construed against the drafter.
• Independent Contractors. No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.
• Third-Party Beneficiaries. The Provider Partner, Marketing Agency, and the Indemnitees identified in Section 21 are intended third-party beneficiaries of the provisions of these Terms that benefit them and may enforce those provisions directly. There are no other third-party beneficiaries.

33. Contact Us

If you have questions about these Terms, please contact us at:

• Email: henry@privatestudentrelief.com
• Online form: www.privatestudentrelief.com/apply/
• Mail: JOCO Enterprises LLC, 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626, USA

Private Student Relief is owned and operated by JOCO Enterprises LLC, located at 555 Anton Blvd., Suite 368, Costa Mesa, CA 92626. We are a private-student-loan-payment-relief consulting organization. We are not a law firm, debt-settlement company, debt-consolidation company, or loan provider. We do not provide legal, tax, or financial advice. We do not assume consumer debt or make payments to creditors on your behalf. Results vary based on individual financial circumstances. Not available in South Carolina or Mississippi. Calls may be recorded for quality and training purposes.