Terms
TERMS OF USE
Thank you for using www.admissionscience.com and our related apps and services (collectively, the “Services”).
By using the Services, you are agreeing to these Terms of Use (the “Terms”) and the other polices described in these Terms including our Privacy Policy which is available at www.admissionscience.com/pages/privacy-policy/ (the “Privacy Policy”).
For clarity, all references to “us” (and similar words such as “we” and “our”) mean Admission Science, LLC, a Missouri limited liability company (regardless if they are capitalized), and all references to “you” mean the individual using the Services (regardless if the word is capitalized). However, if you are using the Services on behalf of a business entity, then “you” means both you and your business entity.
If you do not agree to these Terms, then do not use the Services.
Use of the Services
Provision
You may not use the Services if you are under 13 or if we have terminated your right to use of the Services.
We will use commercially reasonable efforts to ensure the Services are available at all times, but we shall not be liable for any time during which the Services may be down. We may add to, modify, or terminate, portions of the Services at any time for any reason.
Prohibited Uses
You may not do anything on the Services directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems; or (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
Third-Party Sites
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
User Accounts & Fees
User Accounts
We may allow you to create a user account to use the Services. If you create an account, then we may request information about you as described in these Terms and also as provided in our Privacy Policy (for information on how we use that information, please review our Privacy Policy).
You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account.
Fees
In order to create an account, you will be required to submit payment to us (either in one lump sum or using installments). By creating your account and selecting your payment plan, you are thereby agreeing to pay us all fees associated with your account. Those fees will be described during your checkout process. If you select a payment plan that contemplates multiple payments over time, then you are thereby consenting to us automatically charging those payments to the payment information you provide to us (which you must update from time to time if it becomes invalid). All fees are exclusive of taxes and similar government assessments of every nature and form, all of which must be paid by you and not us.
Refunds
All purchases and sales on the Services are final and not eligible for returns or refunds, except for the exception below.
Admissions Accelerator: If you request a refund for the Admissions Accelerator within 30 days of your date of purchase, then we will issue a full refund to you for the purchase. After that refund period, we have no obligation to issue any refunds for the Admissions Accelerator.
To request a refund under this exception, contact Customer Service at [email protected]. We reserve the right to decline refund requests from customers who have already consumed and downloaded a majority of their purchase.
Intellectual Property
Our Property Rights
The Services, including all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
NO GUARANTEE OF SPECIFIC RESULTS
OUR GOAL IS TO HELP YOU PRESENT YOUR “BEST SIDE” IN YOUR SCHOOL APPLICATION PROCESS.
HOWEVER, WE CANNOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL RESULT IN ADMISSION TO A PARTICULAR SCHOOL OR ANY SCHOOL. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR YOUR FAILURE TO GAIN ADMISSION TO A PARTICULAR SCHOOL OR ANY SCHOOL.
ADDITIONAL DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, COMPLETENESS, USEFULNESS, AND NON-INFRINGEMENT.
WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR OTHER CONTENT.
WE DO NOT MAKE ANY GUARANTEES REGARDING THE OPERATION OF THE SERVICES, PORTIONS OR ALL OF WHICH MAY BE UNAVAILABLE AT TIMES OR TERMINATED PERMANENTLY.
LIMITATION OF LIABILITY
“RELEASED PARTIES” MEANS US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, OF ALL OF THEM.
THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.
SUBJECT TO THE OTHER LIMITATIONS IN THESE TERMS, THE LIABILITY OF ANY RELEASED PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR PRIVACY POLICY, SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US IN THE 12-MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WHICH ARISES OUT OF OR RELATES TO THESE TERMS MUST BE BROUGHT (IF AT ALL) WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
THE LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY REGARDLESS OF WHETHER YOU OR THE OTHER PARTY BASES YOUR/ITS CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND WHETHER WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY PROVIDED IN ANOTHER CONTRACT BETWEEN YOU AND US, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND/OR YOUR USE OF THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS, MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You shall protect, defend, indemnify, and hold the Released Parties harmless, from and against all expenses, claims (including third party claims), actions, liabilities, losses, and damages of every kind (including reasonable attorneys’ fees), which result or arise out of your failure to comply with these Terms, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services.
ARBITRATION
If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State. The arbitration proceedings shall be held in Jackson County, Missouri, USA. If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.
Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Miscellaneous
Termination
You may stop using the Services at any time. Additionally, if you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
In our sole discretion, at any time, and with or without notice, we may: (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and (c) suspend or terminate all, or parts of, the Services.
All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.
Legal Terms
These Terms and our Privacy Policy shall be governed by and construed in accordance with Missouri law, excluding its conflict of law principles. If a dispute arises between the parties related to these Terms or our Privacy Policy, and if such dispute is for any reason not subject to the arbitration requirements in these Terms, then the dispute shall be resolved in the US. District Court for the Western District of Missouri and/or the state courts in Jackson County, Missouri, and all parties consent to venue and personal jurisdiction there.
Waiver of Jury Trial
Each party waives all rights it may have to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms or our Privacy Policy.
Entire Agreement
These Terms and our Privacy Policy set forth the complete and entire agreement between you and us relating to the subject matter in these Terms and our Privacy Policy and supersede all other discussions, negotiations, proposals, and agreements, whether oral or written, previously discussed or entered into, by you and us relating to the subject matter in these Terms and our Privacy Policy.
Waiver
The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Severability
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
Assignment
These Terms and our Privacy Policy and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Power to Amend These Terms
We may amend these Terms at any time by providing advance notice to you through the Services or through another communication channel. Your continued use after we provide the notice constitutes your consent to the amendment.
Contact
Except as otherwise required, all notices and communications that you may send to us shall be sent to [email protected].
