PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This is a binding agreement (“Agreement”) between AdmissionsQuest, Inc. (“AdmissionsQuest”) and each person who uses this website (“You” or “Your”). This Agreement governs Your use of this website (www.admissionsquest.com) (the “Site”), including, without limitation, all content such as data, text, information, advice, opinions, reviews, news, images, photographs, video, music, sound, games, contracts, software and other downloadable material (collectively, the “Materials”) and all services (the “Services”) made available to You through this Site by AdmissionsQuest and/or third parties.
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1. OWNERSHIP OF MATERIALS: All Materials and Services on this Site are provided by AdmissionsQuest unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of AdmissionsQuest unless indicated otherwise. AdmissionsQuest retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without AdmissionsQuest’s prior written permission.
“AdmissionsQuest”, “admissionsquest.com”, “AQ”, “AQ Members Schools”, “AdmissionsQuestPro”, “Directory of AQ Member Schools”, “AQ Student Search”, AQ Educational Consulting and the AdmissionsQuest logo are the property of AdmissionsQuest. All other names and trademarks are the property of their respective holders.
2. SINGLE COPY LICENSE: You may download one copy of the Materials found on the Site for use with the Services. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or Services or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials or Services; (c) remove any copyright or other proprietary notices from the Materials or Services; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials or Services.
3. SECURITY: Certain pages on this Site may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the Site with your e-mail address or any passwords and codes (collectively, “IDs”) assigned to or selected by you, including uses by a third person you permit or authorize to use your IDs. You agree to immediately notify AdmissionsQuest of any unauthorized use of Your IDs.
4. CONDITIONS OF SALE AND PAYMENT TERMS: To purchase any Materials or Services on this Site, You must be at least twenty-one (21) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on this Site, You must provide us with payment in one of the forms specified on the Site.
5. CREDIT CARD PAYMENTS: AdmissionsQuest uses the latest encryption technology to keep Your personal and credit card information safe. All Your ordering information including Your name, address, and credit card number is encrypted using a secure server for maximum security. This information can not be read as it travels to the AdmissionsQuest ordering system. Once received it no longer remains on a server accessible from the Internet. No credit card transactions are processed using the world wide web processing centers available today. Transactions are completed using offline, non Internet devices.
6. ORDER ACCEPTANCE POLICY: Your receipt of an electronic or other form of order confirmation does not signify AdmissionsQuest’s acceptance of Your order, nor does it constitute confirmation of AdmissionsQuest’ s offer to sell. AdmissionsQuest reserves the right at any time after receipt of your order to accept or decline your order for any reason.
7. MODIFICATION TO PRICES OR BILLING TERMS: ADMISSIONSQUEST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR MATERIALS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
8. GENERAL DISCLAIMERS: THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ADMISSIONSQUEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF BUSINESS OPPORTUNITIES, ADMISSION REJECTION AND WAITLIST) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY ADMISSIONSQUEST OR ADMISSIONSQUEST’S CONTENT PROVIDERS! THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ADMISSIONSQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADMISSIONSQUEST ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to you. AdmissionsQuest may make changes to the Materials or Services, or to the products described therein, at any time without notice. AdmissionsQuest makes no commitment to update the Materials or Services. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. AdmissionsQuest may remove any Materials or Services from this Site at any time.
9. INDEMNITY: You agree to defend, indemnify and hold AdmissionsQuest, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including AdmissionsQuest’s reasonable attorneys’ fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials or the Services, or (3) the unauthorized or unlawful use of the Site by any other person using Your IDs.
10. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ADMISSIONSQUEST SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ADMISSIONSQUEST AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $50.00 OR THE FEES YOU PAID ADMISSIONSQUEST DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND ADMISSIONSQUEST AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ADMISSIONSQUEST. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ADMISSIONSQUEST WOULD NOT PROVIDE THE SITE TO YOU.
Proprietary Rights:Notwithstanding anything to the contrary, although AdmissisonsQuest does not claim ownership of content that its users post, by posting Communications to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to AdmissionsQuest an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Communications and to prepare derivative works of, or incorporate into other works, said Communications, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Communications to any public area on the Site, You automatically grant AdmissionsQuest all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Communications on the Site by any party for any purpose.
No Obligations of AdmissionsQuest: AdmissionsQuest will have no obligations with respect to the Communications. AdmissionsQuest cannot verify the accuracy of the Communications You transmit or post to this Site. It is impractical for AdmissionsQuest to review all Communications after they are transmitted or posted to this Site. Even if Communications could be reviewed, AdmissionsQuest is not in a position to investigate and confirm the accuracy of Your Communications. Therefore, AdmissionsQuest does not make any representations, nor does AdmissionsQuest endorse the accuracy, completeness, timeliness, or reliability of any Communication nor other information available through this Site. AdmissionsQuest does not guarantee that such Communications have been posted with the permission of the copyright or the proprietary owner. You may rely on such Communications solely at Your own risk. AdmissionsQuest is not responsible for Material embodied within the Communications posted, uploaded, linked to, distributed or otherwise published to this Site. Neither is AdmissionsQuest responsible should someone change, edit, modify or remove any information that You may post on AdmissionsQuest Forums (defined below). However, AdmissionsQuest reserves the right to remove or modify such Communications at its sole discretion for any reason.
Communication Etiquette: You understand and agree to abide by the following rules when posting, uploading to, linking to, distributing or otherwise publishing Communications to the Site:
- You shall not post, upload to, link to, distribute or otherwise publish on any AdmissionsQuest Site page, message board, blog or the like (collectively, “Forums”) any libelous, defamatory, harassing, obscene, pornographic, abusive or otherwise illegal material (including but not limited to, text, content, photos, video, animation, graphics, audio, or software).
- You shall not threaten or verbally abuse other users of the Site or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam.”
- You shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability and the like. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Materials and/or Services on the Site.
- You shall not post, upload to, link to, distribute or otherwise publish any Materials containing any solicitation of funds, advertising or solicitation for goods or services, chain letters, charity requests, petitions for signatures or any other solicitation of other users which are inappropriate.
- AdmissionsQuest’s Forums may contain opinions and preferences and AdmissionsQuest encourages active discussions, opinions, messages and information in the AdmissionsQuest Forums. Furthermore You understand that personal attacks are a direct violation of this Agreement and You agree that such violation is grounds for immediate and permanent suspension of access to all or part of the Materials and/or Services on the Site.
- You shall not harm minors in any way.
- You shall not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- You shall not reformat or frame any portion of the web pages that are part of the Site.
- You shall not create user accounts by automated means or under false or fraudulent pretenses.
Responsibility for Your Content: YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU POST, UPLOAD TO, LINK TO, DISTRIBUTE OR OTHERWISE PUBLISH ON ANY ADMISSIONSQUEST FORUM. You understand and agree that you will not knowingly post, upload to, link to, distribute or otherwise publish on any AdmissionsQuest Forum content that violates the privacy, trade secret, copyright, trademark, patent or other intellectual property right of any third party and that You will remove the same should You discover that You have violated this provision. Likewise, You may not post, upload to, link to, distribute or otherwise publish on any AdmissionsQuest Forum content that violates any applicable local, state, national or international law, or that is otherwise inappropriate. YOU AGREE TO INDEMNIFY ADMISSIONSQUEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF BUSINESS OPPORTUNITIES, ADMISSION REJECTION AND WAITLIST) RESULTING FROM ANY CLAIM BROUGHT BY ANY THIRD PARTY RELATING TO CONTENT YOU HAVE POSTED, UPLOADED TO, LINKED TO, DISTRIBUTED OR OTHERWISE PUBLISHED ON ANY ADMISSIONSQUEST FORUM.
Your Interaction With Others: You are solely responsible for Your interactions with other users of the Site. You understand that AdmissionsQuest does not in any way screen its users, nor does AdmissionsQuest inquire into the backgrounds of its users or attempt to verify the statements of its users. AdmissionsQuest makes no representations or warranties as to the conduct of users on the Site. IN NO EVENT SHALL ADMISSIONSQUEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE MATERIALS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETING WITH OTHER USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if You decide to meet offline or in person.
Unauthorized Access to the Site. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. AdmissionsQuest hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by AdmissionsQuest in its sole discretion and without further notice.
12. COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, AdmissionsQuest will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, AdmissionsQuest, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site.
13. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of AdmissionsQuest and AdmissionsQuest is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. AdmissionsQuest reserves the right to terminate any link or linking program at any time. AdmissionsQuest has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and AdmissionsQuest shall not be responsible for notification of any change in name or location of any information on the Site.
14. DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including but not limited to (1) downloading admission applications, forms of teacher recommendations, school reports, applicant signature forms, transcript release forms, medical information forms, and (2) payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. YOU AGREE THAT ADMISSIONSQUEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.
15. APPLICABLE LAWS: This Site is controlled by AdmissionsQuest from its offices within Massachusetts. AdmissionsQuest makes no representation that Materials or Services in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of United States or Canada export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
16. DISPUTE RESOLUTION: Any dispute between AdmissionsQuest and You arising out of this Agreement shall be resolved first by direct communication with one or more of AdmissionsQuest’ s management team members. Should AdmissionsQuest and You be unable to resolve the dispute by communication, either AdmissionsQuest or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to formal and binding arbitration administered by the American Arbitration Association nearest the place of AdmissionsQuest’ s headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
18. TERMINATION: Your right to access and use the Site, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. AdmissionsQuest may terminate this Agreement and/or Your right use the Site at any time, with or without cause. Sections 1, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21 and 23 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. AdmissionsQuest reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
19. ASSIGNMENT: AdmissionsQuest may assign this Agreement, in whole or in part, in its sole discretion.
20. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
21. NOTICE: AdmissionsQuest may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.admissionsquest.com, or by written communication delivered by first class U. S. mail to Your address on record in AdmissionsQuest’s account information. You may give notice to AdmissionsQuest at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
PO Box 78519
Belmont, MA 02478
Attn: Site Manager
Electronic Mail: firstname.lastname@example.org
If You object to any material found on this Site, please bring Your concerns to the attention of Site Manager email@example.com.
22. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
23. INVALIDITY. If any provision of this Agreement shall be determined to be unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.
Copyright © 2010 AdmissionsQuest, Inc. All rights reserved.