This Agreement shall come into effective when User accesses Site and Company services which includes but is not limited to guidance consultations, editing materials, and related communications which include email, text, phone, video conference, calls (“Services”) and will remain in effect so long as the User accesses the Site and/or utilizes Company Services.
VIOLATIONS: In the event that User breaches any Terms set forth in this Agreement, Company may cancel User’s access to the Site and Company’ services without notice or refund. Company reserves the right to seek all legal remedies available in event of such breaches to the Terms set forth in this Agreement.
UPDATING TERMS: The material appearing on Company’ Site may include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its Site are accurate, complete, or current. Company may make changes to the materials contained on its Site at any time without notice. Company reserves the right to, at any time, modify, revise or update the Site or these Terms, and User agrees to be bound by such modifications, revisions or updates. User should periodically check these Terms to be acquainted with any such modifications, revisions and updates. User’s continued use of this Site constitutes an acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective.
SITE CONDUCT: User shall use the Site for lawful purposes only. User shall not transmit through the Site, or social media channels used by Company for marketing purposes, including but not limited to Facebook, Instagram, Twitter, Youtube or Linkedin, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Company’ discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. As a condition of User’s use of the Site, User warrants that they will not use the Site or any of the resources available for download for any purpose that is unlawful or prohibited by these Terms. User may not use the Site or any of the resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Use of the Site including content, resources, and suggestions does not in any way create a Professional-User Relationship between User and Company. User must register, sign a legal contract, and pay for services to create the Professional-User Relationship with Company.
SITE CONTENT AND PROFESSIONAL ADVICE/MATERIALS: The information contained on this Site and the resources available for download, transmission or view through this Site should not be solely relied upon for professional advice. Given the individual academic circumstances and goals of each User, the Company expressly recommends that you seek direct professional consulting advice through the Company’s comprehensive and tailored Services. Neither the Company nor any of its consultants, employees or other representatives shall be held liable or responsible for any errors or omissions on the Site or for any damage the User may suffer as a result of failing to seek competent advice from a professional admissions consultant who is familiar with the unique circumstances of the User. Further, the Company may work with other partners and affiliates. As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that provide value to our past, present and future Users. It is incumbent on the User to recognize that it remains the User’s personal responsibility to investigate whether any partners or affiliates are the ideal fit for their needs. Moreover, the Site contains testimonials by past Users. The testimonials are actual statements made by Users which have been truthfully depicted on this Site. The results of the Users, however, are not necessarily typical, and the User should recognize that each application is unique and that the listed testimonials are not a guarantee of results for any services provided by the Company for any applicant. Except as otherwise provided, the User acknowledges and agrees that they have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content available on the Site or provided to the User by the Company in any manner. By downloading the content, User agrees that the content User downloads may only be used by the User for their personal use and may not be sold or redistributed without the express written consent of the Company.
REFUND POLICY FOR SERVICES: Prices for Company’s Services are subject to change at any time on without prior notice on Company’s Site or materials. Prices for Services outlined in the User Contract are fixed. However, if User seeks a new version of a previously edited document, a surcharge may apply. A new version is a new or almost entirely new draft of a completed document, which has already been provided to the User by the Company. Company does not provide full refunds for services that have commenced. In the event a User (1) seeks to cancel Services and request a refund before the editing process has commenced, (2) before services have been completed, or (3) signs up for Services and agrees to contract terms prior to making partial or full payment, and before the editing process has commenced, User will be assessed a seasonal hourly fee for the time expended towards the contracted Services including but not limited to, initially commenting/drafting/editing, phone and in-person brainstorming consultations, general correspondence for contracting and servicing purposes. Once services are completed, whereupon User and Company conclude final drafts of written materials, no refund (partial or full) will be granted. This policy is due to the subjective nature of the editing process and the many factors that guide the outcome of an admissions decision. Except as otherwise provided in this Agreement, Company reserves sole discretion as to the final outcome of a refund request by User or their affiliates. For delinquent contracts, defined as User that registers and pays for the Services (first installment or full payment) but do not commence services, defined as any editing/drafting, consultation calls, extensive review of profile, utilize only a part of the services but services remain outstanding, or do not commence the editing process within a certain period, Company reserves the following policy if refund is requested: up to 30 days there will be a full credit provided to User that can be used exactly one calendar year from the date of contract between User and Company; after 30 days there will be NO credit issued.
USER DELINQUENCY: Any contract that has been idle, defined as no written activity between User and Company, for up to 30 days will be considered complete and the work between the User and the Company is concluded. Company will make up to two attempts to contact User to re-engage Services. If User remains incommunicado, Company has right to conclude contract for Services without issuing any refund. If there is a balance due, User must make payment for any Services dispensed to the time of contract conclusion.
EDITING SERVICES DISCLAIMER: Company provides editing Services to Users which are comprised of idea formulation and up to two edits of a single application document, as outlined in the FAQs available on Company Site. Company will only revise and edit documents prepared by its Users. Company will not, under any circumstances, entirely draft a statement or essay or any other written document for a User. User agrees that deadlines for service deliverables may change subject to the availability of the Admissions Expert assigned to the User. Company will strive to ensure that such changes to service deadlines will not prejudice the application of the User for their select program(s).
PAYMENT METHOD: After User registers with the Company and Services are selected, Company will provide User with an invoice. Invoice can be paid via credit card or debit card (additional 3% credit card fee charged). On a case-by-case basis Company will permit direct deposit or wire transfer to Company account. Based on services requested and purchased, User and the Company will agree on a timeline of payment(s) tied to deadlines of service deliverables. Payment, as structured by the terms of the Contract, must be rendered before Services commence, which includes the initial brainstorming consultation call. In the event there are delays in payment(s) after work is commenced per the contract terms, User will be required to pay a 5% late fee of the total final contract amount per week delayed. If User fails to make contracted payment(s) after work is commenced per the contracted terms of payment deadlines, Company reserves the right to use all legal means necessary, including use of a collection agency, to recover funds. Company reserves the right not to commence work until payment is received and cleared.
DISCLAIMER OF WARRANTIES: The information, services, products and materials contained in or described on this Site are provided by company “as is.” Company makes no, and hereby disclaims, all representations or warranties of any kind, express or implied as to the operation of the Site, information, content, materials, services or products referenced on this Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, implied warranties arising from course of dealing or course of performance, or warranties that defects will be corrected or that the Site or the server that makes it available will be free of viruses or other harmful components. In addition, although Company believes all information accessible on or via the Site to be accurate as of the time of its publication, Company cannot, and does not, represent, guarantee or warrant that the information accessible on or via the Site is accurate, complete, or current, and company is not responsible for any errors or omissions therein, or results obtained from using such information.
LIMITATION OF LIABILITY: Company will not be liable for any damages of any kind arising from the use of this Site or Services rendered, including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if Company has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the Site, the system or any information, services, products and materials available. Under no circumstance Company will be held liable for any loss or damage caused by a User’s reliance on information obtained through the Site, Services, or Company’s social media accounts including but not limited to YouTube, Linkedin, Facebook, Instagram and Twitter. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site and Services. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Company is not liable for the defamatory, offensive or illegal conduct of other users, employees, or third-parties and that the risk of injury from the foregoing rests entirely with User. User hereby acknowledges that the provisions of this section shall apply to all content on the Site. If User is dissatisfied with any portion of the Site, or with any of these Terms, User’s sole and exclusive remedy is to discontinue using the Site and services.
FORCE MAJEURE: Neither User nor Company will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, global pandemics, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications), or illness debilitating an assigned admissions consultant. The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
UNSOLICITED CONCEPT SUBMISSIONS AND SHARED MATERIALS: Company or any of its employees do not accept or consider unsolicited concepts, including concepts for advertising campaigns, promotions, products or technologies, processes, marketing plans or product names. Please do not send any original creative artwork, samples, demos, or other works. If, despite the Company’s request that User not send their ideas and materials, User nevertheless transmits such materials, Company makes no assurances that User’s ideas and materials will be treated as confidential or proprietary. Further, the Company does not claim ownership of the materials User provides to the Site or post, upload, input or submit to any Site or Company’s associated services. However, by posting, uploading, inputting, providing, or submitting User’s materials on the Site’s public channels and public purview, User is granting the Company, our affiliated companies, and necessary sub-licensees permission to use the User’s materials, in connection with the operation of their online businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your materials; and to publish your name in connection with your materials. No compensation will be paid with respect to the use of your materials, as provided herein. By posting, uploading, inputting, providing, or submitting your materials, User warrants and represents that User owns or otherwise controls all of the rights to the User’s materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the materials.
LINKS TO THIRD PARTY SITES: Certain links of third parties on Site will lead User to leave the Site. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked Site. Company is providing links to User only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site.
INDEMNITY: The User agrees to defend, indemnify and hold Company, and its affiliates, managers, members, officers, employees, agents and other representatives harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of Company Services, User’s use of this Site, User’s violation of the Terms, or User’s violation of any rights of a third party.
GENERAL DISCLAIMER: Company is in no way affiliated with, sponsored by, or endorsed by the GMAT, LSAT, GRE, SAT, ACT, DAT, MCAT, PCAT or any other examiner for university entrance examinations (“Examiners”). All of the material and content contained within Company’ Site is in no way representative of opinions taken by the Examiners, Universities or any of its affiliates. All of the material contained within the Site is solely the opinions, writing, and work of Company. Users should not rely solely on information found on Company Site in order to prepare applications to domestic and international universities. While Company believes that its Services will significantly increase the chances at a favorable review of the User’s application to university program(s), Company in no way guarantees or ensures admissions to any universities and/or program. Company will not be held accountable or compensate the User or affiliated parties for any liability related to none admission to a select program and any possible lost wages as a result of this outcome that may be incurred as a result of using the Company Services. Further, User hereby expressly waives any and all claims they may have, now or in the future, arising out of or relating to this Site, the Company Services and products, any and all contracts User enters into with the Company.
CHOICE OF LAW: The material provided on this Site is protected by law. To the extent that User attempts to assert any claim against Company, User hereby expressly agrees to present such claim only through binding arbitration in Los Angeles, California. User agrees to hereby conduct an arbitration related solely to any individual claims User and/or any entity related to User asserts against the Company. To the fullest extent permissible by law, User further agrees that they shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. In the event of decision rendered against Company, damages cannot exceed the contract price. Further, the failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by arbitration to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
USER ACCOUNT, PASSWORD AND SECURITY: Company reserves the right to store all Users information and User materials on Company’s Site, project management portal and databases for internal use only. User is entirely responsible for maintaining the confidentiality of their account and password and for restricting access to Company’ materials to anyone other than themselves. User agrees to accept responsibility for all activities that occur under User’s account or password. User agrees to notify Company immediately of any unauthorized use of User’s account or any other breach of security. Company will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Company or third party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder. Company reserves the right to disable any user name, password or other identifier, whether chosen by User or provided by the Company, at any time in the Company’s sole discretion for any or no reason, including if, in the Company’s opinion, the User has violated any provision of these Terms.
COMMUNICATION: Visiting the Site or sending emails to the Company constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures, and other communications that Company provided to User electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. Company will take reasonable steps to ensure that any communications remain confidential, but cannot guarantee the security of such communications and cannot guarantee that Company would not be required to disclose such communications as a result of a court order. User agrees to use the communication services only to post, send and receive messages and material that are proper and related to the particular purpose. To that end, User agrees never to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication means specifically allows such messages; conduct or forward surveys, contests; download any file posted by another users communication method that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular method of communication; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. The Company has no obligation to monitor the communication Services used by User related to Company. However, the Company reserves the right to review materials posted and to remove any materials in its sole discretion. The Company reserves the right to terminate User access to any or all of the communication services at any time without notice for any reason whatsoever.
ACCOUNT AND EMAIL CONFIDENTIALITY: The Company does not aim to sell, rent, lease or otherwise transfer any personal User information collected whether automatically or through User’s voluntary action on Site, project management portal and databases. Company highly discourages Users from transmitting any sensitive data including but not limited emailing or drafting and uploading documents with bank information, social security or passport identification information or other personal confidential information. The Company may disclose User’s personal information to a third party, including a lawyer or collection agency, when necessary to enforce the Company’s terms of service or any other agreement between User and the Company. Further, the Company may provide User’s general (not confidential) information to any successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business. The Company may disclose User’s information when legally compelled to do so when the law requires or for the protection of the Company’s legal rights or when compelled by a court or other governmental entity. The Company may contact User after completion of services to inquire into admissions results or request a testimonial of User’s experience with Company Services experience. Successful admissions may be used for advertising purposes or guidance for future Users of the Site or Company materials. Identifying information will never be used, without consent of the User. Further, the Company is committed to keeping User’s e-mail address confidential when User corresponds with the Company members. The Company will not sell, rent, or lease emails of Users to third parties. The Company will maintain the information User sends via e-mail in accordance with applicable federal law. In compliance with the CAN-SPAM Act, all e-mails sent from the Company will clearly state who the e-mail is from and provide clear information on how to contact the sender.
DATA COLLECTION: The Company uses information User provides to deliver high-level product and/or service offerings and improve Company’s overall performance and Site. As the User navigates through the Site, the Company may use automatic data collection technologies including Google Analytics to collect certain information browsing actions and patterns. This will generally include information regarding User’s location, traffic pattern through the Company’s Site, and any communications between User’s computer (IP address, browser type) and the Site. The information Company collects automatically is used for statistical data and will not include personal information. The Company utilizes a standard technology called “cookies” and server logs to collect information regarding how Site is utilized. Information gathered through cookies and server logs can include the date and time of visits, the pages viewed, time spent at our site, as well as User’s IP address.
TECHNICAL ACCESS: Company intends the Site to be available 24-hours per day, 7 days per week. In the event the Site should become unavailable temporarily, or access to the Site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may, from time to time, make the Site inaccessible for Users, Company will not be liable for damages or refunds that result from such unexpected delays.
PROHIBITIONS AND USE OF SITE: Except as may be expressly permitted herein, User may not without the prior written consent of Company management, reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using “framing” technology, email, download or copy any information on this Site nor may User utilize data-mining, robots, or similar data gathering and extraction tools with respect to this Site or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site. No part of the Company’ materials may be reproduced on any bulletin boards, websites, online chat-rooms or any other means of communication without express written consent of the Company management. Company’ materials are designed to be accessed online only, and all printing of materials are strictly prohibited. Further, User may not use any meta-tags or any other “hidden text” utilizing Company’ name or trademarks without the prior written consent of Company. Failure to comply with these prohibitions will result in automatic termination of account services without notice or refund and Company reserves the right to seek all legal remedies available in law and equity for such breaches.
PROPRIETARY RIGHTS: Unless otherwise indicated, all content on this Site, including but not limited to designs, text, graphics, logos, button icons, images, data compilations, software, and the overall “look and feel” of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to Company, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of Company and are likewise protected by applicable intellectual property laws. The User will not be granted ownership of any of Company’ material or Services but will be allowed exclusive access to material purchased and Services rendered in accordance to the contractual agreement between User and Company.
TERMINATION: Company shall have the right to immediately terminate User’s Account in the event of any conduct by User which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
ENTIRE AGREEMENT: These Terms in addition to the Memorandum of Understanding between User and Company constitute the entire agreement between the User and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to such subject matter.
HEADINGS: The section headings used herein are for convenience only and shall not be given any legal import.
TRADEMARKS: Company name, the Company Logo, Company Slogan, and related materials and graphics on the Site are trademarks owned by Company, LLP (“Company Trademarks”). Use of the Company Trademarks in connection with any product or service that does not belong to Company, or in any manner that is likely to cause confusion among users about whether Company are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits Company is strictly prohibited. Any rights not expressly granted herein are reserved.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement shall be interpreted through its plain and literal meaning and shall be construed in accordance with the laws of the State of California.
Please read these Terms carefully. The Company reserves the right, in its sole discretion, to change the Terms under which the Site and Services are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
If you have any questions regarding these policies, please contact the Company at firstname.lastname@example.org
Effective as of March 29, 2021