ApplyWithUs℠ Terms of Service
Revised and Effective as of October 23, 2012.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN APPLICATIONSONLINE, LLC AND YOU.
ACCESS TO AND USE OF ANY PART OF THE APPLYWITHUS℠ SERVICE OR WEBSITE IS PROHIBITED EXCEPT PURSUANT TO THESE TERMS OF SERVICE (THIS "AGREEMENT" OR THESE "TERMS OF SERVICE") AND YOUR FULL AND CONTINUED COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. FOR PURPOSES OF THIS AGREEMENT, THE "APPLYWITHUS SERVICE" MEANS THE ONLINE SERVICE POWERED BY APPLICATIONSONLINE, LLC'S PROPRIETARY COLLEGEBOUND℠ SOFTWARE PLATFORM AND PROVIDED BY APPLICATIONSONLINE, LLC ON AND THROUGH ITS WEBSITE LOCATED AT WWW.APPLYWITHUS.COM (THE "APPLYWITHUS SITE") AND FURTHER INCLUDES, COLLECTIVELY AND WITHOUT LIMITATION, THE APPLYWITHUS SITE, ALL ASSOCIATED WEBPAGES AND SUB-DOMAINS, ALL SUB-DOMAIN WEBSITES AND WEBPAGES, AND ALL CONTENT, SOFTWARE, INTELLECTUAL PROPERTY, AND EQUIPMENT ON, ASSOCIATED WITH, OR USED IN CONNECTION WITH ANY OF THE FOREGOING.
BY ACCESSING OR USING THE APPLYWITHUS SERVICE, YOU UNCONDITIONALLY ACCEPT AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND OTHER TERMS REFERENCED HEREIN, WITHOUT MODIFICATION OR EXCEPTION. IF YOU HAVE A WRITTEN AGREEMENT WITH APPLICATIONSONLINE, THESE TERMS OF SERVICE FORM PART OF YOUR WRITTEN AGREEMENT. IF YOU DO NOT AGREE TO COMPLY WITH OR BE BOUND BY THIS AGREEMENT OR DO NOT ACCEPT ANY OF ITS TERMS, YOU MUST NOT ACCESS OR USE ANY PART OF THE APPLYWITHUS SERVICE. YOUR PERMISSION TO ACCESS AND USE THE APPLYWITHUS SERVICE, AS GRANTED BELOW, AUTOMATICALLY TERMINATES UPON YOUR FAILURE TO FULLY COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
Terms and Conditions
- OWNERSHIP. The ApplyWithUs Service is protected under United States and international copyright laws and treaties. ApplicationsOnline, LLC, a Maryland limited liability company ("ApplicationsOnline," "we," "us," or "our"), is the sole and exclusive owner of all right, title and interest in and to or is the valid licensee of the ApplyWithUs Service, including, but not limited to, all related websites, webpages, ApplyWithUs Applications, software, scripts, databases, data dictionaries, interfaces, designs, layouts, look and feel, images, graphics, and all other content included thereon or associated therewith, along with all copyrights and other intellectual property rights subsisting therein or associated therewith. Except for the limited license granted to you in Section 2, below, nothing in this Agreement shall be construed as transferring or conferring any ownership interest in or to the ApplyWithUs Service or otherwise granting any rights or licenses in or to the ApplyWithUs Service, or any intellectual property subsisting therein or associated therewith, to you or any third party.
- LIMITED LICENSE. Subject to your full and continuing compliance with this Agreement, ApplicationsOnline hereby grants you a limited, nonexclusive, personal, non-transferable, revocable license to access and use the ApplyWithUs Service by means of a supported browser solely for the purpose of: (a) completing and submitting one or more completed electronic applications, surveys, questionnaires, and/or data collection forms (collectively, "ApplyWithUs Applications") to the institutions or organizations associated with each such ApplyWithUs Application or otherwise selected by you to receive the completed ApplyWithUs Application(s) ("Application Recipients"); (b) submitting requested information relating to the ApplyWithUs Application of another as a third party evaluator or contributor ("Contributor"); and/or (c) performing other related actions for which the ApplyWithUs Service is intended and for which you are authorized. Except as expressly provided in this Section, ApplicationsOnline reserves all other rights in and to the ApplyWithUs Service. You may not use, reproduce, download, publicly display, distribute, modify or prepare derivative works of the ApplyWithUs Service, or any part thereof, except as expressly permitted in this Agreement. You may not reverse engineer, decompile or disassemble any portion of the ApplyWithUs Service or remove, modify or obscure any copyright, trademark or other proprietary rights notices contained in or on the ApplyWithUs Service.
- REGISTRATION REQUIRED. You must register for an account and select a user name and password in order to access and use the non-public areas of the ApplyWithUs Service. You represent and warrant that the information you provide during the account registration process is true, accurate and complete. We may refuse to accept your registration or issue you a particular user name for any reason, at our discretion. You may not allow anyone else to use your user name to access or use the ApplyWithUs Service or to access or use your account for any reason. You are solely responsible for maintaining the secrecy of your password, and for all use and activity associated with your user name. You may not transfer or sell your user name or your use of or access to the ApplyWithUs Service to any third party. If you believe your account and/or password have been compromised, you must notify us in writing immediately. You are solely responsible for any use or misuse of your user name and/or password until you notify us.
- MINIMUM AGE REQUIREMENT. THE APPLYWITHUS SERVICE IS PROVIDED SOLELY FOR USE BY REGISTERED USERS AGE 13 OR OLDER. You are required to enter your true and actual date of birth at the time of registration for an account. Children under the age of 13 are not permitted to use the ApplyWithUs Service in any manner and will not be permitted to register.
- ACCURATE AND COMPLETE INFORMATION. When you provide information during use of the ApplyWithUs Service, including without limitation, when registering for an account and when completing any ApplyWithUs Application, you agree to: (a) always provide responsive information that is true, accurate, current and complete; and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or is incomplete, we reserve the right to terminate this Agreement and your access to and use of the ApplyWithUs Service. In addition, we may notify any Application Recipients to whom you submitted an ApplyWithUs Application if we determine that any information you provided is false or inaccurate.
- UPLOADED MATERIALS. You represent and warrant that, with respect to any and all information and/or content which you may upload, post, link to or otherwise provide or make available through or in connection with the ApplyWithUs Service, in any form, format or media, including without limitation, all documents, essays, photographs, images, graphics, audio files, movies and videos (collectively, "Uploaded Materials"): (a) you have the unrestricted right to provide the Uploaded Materials and grant the license set forth below; and (b) none of the Uploaded Materials infringe or violate any copyright or other intellectual property right of any third party, as provided by you or as used by ApplicationsOnline or the Application Recipients pursuant to the following license. All Uploaded Materials are voluntarily provided or made available by you and, by doing so, in each instance, you grant ApplicationsOnline and all of the Application Recipients you selected to receive ApplyWithUs Applications a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, transmit, publicly display, modify and prepare derivative works of any Uploaded Materials in connection with your ApplyWithUs Applications and the/or the ApplyWithUs Service. This foregoing license shall continue for so long as and to the extent that ApplicationsOnline and/or any Application Recipient remain in lawful possession of any of the Uploaded Materials.
- ACCEPTABLE USE. All Uploaded Materials provided or made available by you on or through the ApplyWithUs Service and your use of the ApplyWithUs Service are subject to and must comply with the ApplyWithUs Acceptable Use Policy ("AUP"), available at /legal/acceptable_use_policy?locale=en, which is incorporated herein by reference and made a part of this Agreement. Any Uploaded Materials or use of the ApplyWithUs Service which in any manner directly or indirectly violate the AUP are prohibited and shall be deemed a material breach of this Agreement. ApplicationsOnline has the right, but not the obligation, to monitor your Uploaded Materials and/or your use of the ApplyWithUs Service to ensure continued compliance with the AUP and this Agreement. If you fail to fully comply with this Section, ApplicationsOnline may delete any non-compliant Uploaded Materials and/or terminate this Agreement and your use of the ApplyWithUs Service upon written notice to you, in addition to any other remedies available to ApplicationsOnline.
- PRIVACY STATEMENT. ApplicationsOnline requests personally identifiable information from you on and through the ApplyWithUs Service. Our practices with respect to the collection, use, disclosure and safeguarding of personally identifiable information in connection with the ApplyWithUs Service is described in our Privacy Statement, available at /legal/privacy_statement?locale=en, as revised from time to time (the "Privacy Statement"). The Privacy Statement is incorporated herein by reference and made a part of this Agreement for all purposes. Any information that you provide through the ApplyWithUs Service is subject to the Privacy Statement. As described in further detail in the Privacy Statement, the ApplyWithUs Service allows you to submit completed ApplyWithUs Applications, including personally identifiable information, to the Application Recipients that you have selected. By clicking "submit," (or, in some cases, by "opting in") you are authorizing ApplicationsOnline, in each instance, to make your completed ApplyWithUs Applications and "profile" information, including personally identifiable information, available to your selected Application Recipients. By using the ApplyWithUs Service you are confirming that you have specifically reviewed and accepted the Privacy Statement, and our practices as described therein, along with and as part of this Agreement, including but not limited to the transfer and use of your personally identifiable information to and in the United States and/or other countries for storage, processing and use by ApplicationsOnline and the Application Recipients. As part of providing you the ApplyWithUs Service, we may need to provide you with certain communications such as administrative messages and maintenance announcements. These communications are considered part of the ApplyWithUs Service and you may not be able to opt-out from receiving them.
- ELECTRONIC PAYMENTS. The ApplyWithUs Service indirectly facilitates but does not engage in the electronic payment of fees associated with some ApplyWithUs Applications to the respective Application Recipients through third party, online payment processors. All such fees are paid through and processed by the third party payment processor, not ApplicationsOnline. ApplicationsOnline does not request, collect or store electronic payment information nor does ApplicationsOnline process or receive such payments. YOU MAKE SUCH ELECTRONIC PAYMENTS AT YOUR OWN RISK. APPLICATIONSONLINE IS NOT RESPONSIBLE FOR DUPLICATE, FAILED, ERRONEOUS, LOST OR STOLEN ELECTRONIC PAYMENTS OR ELECTRONIC PAYMENT INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR CONTACTING THE THIRD PARTY PAYMENT PROCESSOR AND/OR THE APPLICATION RECIPIENT TO WHICH PAYMENT WAS MADE.
- CHANGES TO THE APPLYWITHUS SERVICE. ApplicationsOnline may modify, restrict, discontinue, or disable access to all or any part of the ApplyWithUs Service or any of the services or functionality provided on or through the ApplyWithUs Service at any time, for any reason, without liability or prior notice, in its sole and absolute discretion.
- THIRD PARTY SERVICES. The ApplyWithUs Service may contain or utilize services ("Third Party Services") provided by certain of our third party service providers, some of which may require notices and/or additional terms and conditions that are presented to you when/if you desire to make use of such Third Party Services. By utilizing such Third Party Services, you are accepting and agreeing to those additional terms and conditions, all of which are made a part of and incorporated into this Agreement by reference.
- LINKS TO OTHER WEBSITES. The ApplyWithUs Service may include links to third party websites. Such links do not indicate or imply any affiliation between ApplicationsOnline and such third parties or third party websites, nor any endorsement of the products, services, or content of such third parties or third party websites by ApplicationsOnline. ApplicationsOnline is not responsible for the content of any other website other than the ApplyWithUs Site and makes no representations or warranties whatsoever with respect to other websites, including, but not limited to, the information privacy or data security practices of such other websites or the content or legality of such websites. You visit and use other websites at your own risk.
- TERM AND TERMINATION. The term of this Agreement commences upon your first access or use of the ApplyWithUs Service and continues until terminated by you or ApplicationsOnline in accordance with this Section. You may terminate this Agreement at any time for any reason by deactivating your account and discontinuing your use of the ApplyWithUs Service. To deactivate your ApplyWithUs account, you must send a signed, written request to our office address with your name, user name, the reason for your request and a telephone number by which we can reach you to verify your request. We will attempt to respond to each such request within a reasonable time after receipt. If you stop using the ApplyWithUs Service without deactivating your account, your account may be deactivated due to prolonged inactivity, at our discretion. ApplicationsOnline may terminate this Agreement, suspend or terminate your account, and/or or cease providing you with all or any part of the ApplyWithUs Service at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated any of the terms or conditions of this Agreement; (b) your use of or activities in connection with the ApplyWithUs Service violates the AUP; or (c) any Uploaded Materials violate the AUP. In such event, ApplicationsOnline will make reasonable efforts to notify you via the e-mail address associated with your account. Upon termination of this Agreement by either party, your right to use the ApplyWithUs Service shall immediately cease. The provisions of the following Sections shall survive any termination of this Agreement and shall remain in full force and effect: Sections 6, 8, 13, 14, 15 and 19. Notwithstanding the foregoing, if you have entered into a written Online Services Agreement with ApplicationsOnline, your termination rights are strictly as set forth in the written agreement and this Section grants you no additional termination rights. In the event of any conflict or inconsistency between these Terms of Service and your written agreement, the provisions of the written agreement shall control and prevail to the extent of such conflict or inconsistency.
- WARRANTY DISCLAIMER. THE APPLYWITHUS SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPLICATIONSONLINE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, AVAILABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICATIONSONLINE FURTHER DISCLAIMS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICATIONSONLINE DOES NOT WARRANT THAT YOUR USE OF THE APPLYWITHUS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLYWITHUS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY APPLYWITHUS APPLICATIONS OR INFORMATION SUBMITTED BY YOU WILL BE SECURE, AVAILABLE, UNCORRUPTED, ERROR-FREE, STORED FOR ANY MINIMUM PERIOD OF TIME OR DELIVERED TO ALL SELECTED APPLICATION RECIPIENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLYWITHUS SERVICE, INCLUDING, BUT NOT LIMITED TO, VERIFYING THAT YOUR APPLYWITHUS APPLICATIONS HAVE BEEN RECEIVED BY ALL SELECTED APPLICATION RECIPIENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. APPLICATIONSONLINE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLYWITHUS SERVICE. APPLICATIONSONLINE'S MAXIMUM CUMULATIVE LIABILITY FOR ANY DAMAGES SUSTAINED BY YOU OR ANY PERSON CLAIMING THROUGH YOU SHALL BE TEN DOLLARS (US$10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TRADEMARKS. ApplyWithUs and CollegeBound are service marks of ApplicationsOnline. All other trademarks, service marks and logos are property or intellectual property of their respective owners and are used with permission. You may not use any trademarks, service marks or logos without the express written consent of ApplicationsOnline or the respective owner, as applicable.
- CLAIMS OF COPYRIGHT INFRINGEMENT. Our Copyright Policy, available at /legal/copyright_policy?locale=en, describes ApplicationsOnline's policy and procedures for receiving notices of alleged copyright infringement, removing and/or disabling access to allegedly infringing ApplyWithUs Service content, and disabling and/or terminating the accounts of users who infringe the copyrights of others. ApplicationsOnline reserves the right to modify the Copyright Policy at any time, in our discretion, as described therein.
- MODIFICATIONS OF TERMS OF SERVICE. ApplicationsOnline reserves the right to modify this Agreement at any time, at our discretion. ApplicationsOnline will notify you of any modifications to this Agreement by electronically posting the revised Terms of Service along with the effective date of such modifications on the ApplyWithUs Site. We encourage you to review this Agreement frequently in order to be aware of any changes. The revised Terms of Service will be effective as of the effective date displayed at the top and bottom of this document. Your continued use of the ApplyWithUs Service after the effective date of the revised Terms of Service will constitute your acceptance of the revised Agreement. In addition, ApplicationsOnline may, but is not obligated to, notify you via e-mail and/or by other means of such modifications.
- GENERAL PROVISIONS. Any provision of this Agreement found to be unlawful, void or for any reason unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Neither this Agreement or any of your rights, claims, duties or obligations hereunder may be assigned, transferred or delegated and any attempt to do so shall be null and void. No waiver by ApplicationsOnline of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only for convenience and in no way defines or explains any section or provision hereof. This is the entire Agreement between ApplicationsOnline and You relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements with respect to such subject matter; provided, however, that notwithstanding the foregoing, this Agreement does not supersede, replace or modify any written Online Services Agreement between you and ApplicationsOnline. This Agreement is governed by and shall be construed in accordance with the laws of the State of Maryland, United States of America, without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the State of Maryland, United States of America, and waive any jurisdiction, venue or inconvenient forum objections to such courts.
- EFFECTIVE DATE. These Terms of Service were last revised on and are effective as of: October 23, 2012.