3. INTERACTIONS WITH THIRD PARTIES
Your interactions with organizations and/or individuals found on or through the Service, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You agree that Admit.me shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, you understand and agree that Admit.me is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Admit.me, its officers, owners, employees, and agents, and their respective successors and assigns from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree not to post, email, or otherwise make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- That is pornographic or depicts a human being engaged in a sexual act of any kind;
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity, including, but not limited to, an Admit.me employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful, non-deceptive parody of public figures);
- That includes personal or identifying information about another person without that person’s explicit consent;
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That constitutes or contains “affiliate marketing,” “link referral code,” junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- That constitutes or contains any form of advertising or solicitation, if posted in areas of the Admit.me site which are not designated for such purposes; or emailed to Admit.me users who have not indicated in writing that it is okay to contact them about services, products, or commercial interests;
- That includes links to commercial services or web sites, except as allowed in “The Service” (http://www.Admit.me);
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
In addition, you agree not to:
- Contact anyone who has asked not to be contacted;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, — unless expressly permitted by Admit.me;
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to Admit.me’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Admit.me website; or
- Use any form of automated device or computer program that enables the submission of postings on Admit.me without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- Use a Posting Agent.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Admit.me email addresses or through Admit.me computer systems, which is expressly prohibited by these Terms of Conditions, is unlawful in certain states, and that such violations may subject the sender and his or her agents to civil and criminal penalties.
7. LIMITATIONS ON SERVICE
You acknowledge that Admit.me may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Admit.me has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Admit.me reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Admit.me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. ACCESS TO THE SERVICE
9. TERMINATION OF SERVICE
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Admit.me. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Admit.me, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Admit.me does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Admit.me an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content and to grant and authorize sublicensees (through multiple tiers) of the foregoing.
11. DISCLAIMER OF WARRANTIES
You agree that use of the Admit.me site and the service is entirely at your own risk. The Admit.me site and the service are provided on an “as is”/”as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Admit.me disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Admit.me site and the service. To the fullest extent permitted by law, Admit.me disclaims any warranties for other services or goods received through or advertised on the Admit.me site or via the service, or access through any links on the Admit.me site. To the fullest extent permitted by law, Admit.me disclaims any warranties for viruses or other harmful components in connection with the Admit.me site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
Under no circumstances shall Admit.me be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Admit.me has been advised of the possibility of such damages), resulting from any aspect of your use of the Admit.me site or the service, whether the damages arise from use or misuse of the Admit.me site or the service, from inability to use the Admit.me site or the service, or the interruption, suspension, modification, alteration or termination of the Admit.me site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Admit.me site or the service or any links on the Admit.me site, as well as by reason of any information or advice received through or advertised in connection with the Admit.me site or the service or any links on the Admit.me site. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
14. DISCLAIMER OF ACCEPTANCE
You acknowledge that using the tools and support of Admit.me does not guarantee acceptance to any school. Admit.me provides guidance to applicants in the application process, the use of which may increase an applicant’s chances of acceptance. However, you acknowledge that Admit.me does not guarantee a specific admissions result, including without limitation, acceptance to any of your selected schools. While you are advised to consider all suggestions made by Admit.me, it is your sole responsibility to complete and submit the school applications and all relevant supporting documents.
15. ADMIT.ME LIVE RENEWAL AND CANCELLATION
Unless you cancel the subscription prior to the upcoming subscription renewal date, your subscription will automatically renew at the end of the applicable subscription period.
You can cancel your Admit.meLive subscription at any time. By canceling, you forego any payment made towards the Admit.meLive subscription for the applicable subscription period. Under no circumstances will Admit.me provide a full or partial refund on Admit.meLive services due to the nature of Admit.meLive service content. In addition, once you cancel your Admit.meLive subscription, you agree that you will forfeit any credits towards additional products or services from Admit.me, Admit Advantage Inc. or any of its partners or affiliates. The cancellation will take effect immediately and you will be downgraded to the Free Service. If you believe you were billed in error or have any questions about our renewal or cancellation policy, please reach out to Customer Care at firstname.lastname@example.org.