PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
DATE LAST REVISED: December 28, 2011
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OR USING THIS SITE.
By accessing or using this website at www.getacceptd.com (the “Site”) you explicitly agree to comply with, and be bound by, the following terms and conditions of use (the “Terms and Conditions”). Acceptd, LLC, its subsidiaries and affiliates (collectively, “Acceptd”) may change or modify these Terms and Conditions at any time upon providing notice to you, which may take the form of posting a notice on the Site and/or sending a notice to your email address on file. It is your responsibility to periodically review these Terms and Conditions for updates or changes. By using this website after any change to the Terms and Conditions, it is presumed that you have read and agree to the revised Terms and Conditions. Your acceptance of these Terms and Conditions is an electronically binding agreement between you and Acceptd. If you do not accept these Terms and Conditions, please do not register for or participate in using the Services offered by and through Acceptd.
The Site and Services available herein are only available to persons 13 years of age and older. Children under the age of 13 are strictly prohibited from using this Site and the Services hereon. If you are 13 years old or older, but less than 18, parental or guardian consent is required for your use of the Site and the Services and your parent or guardian will have to electronically acknowledge their grant of permission for you to use this Site and the Services.
Acceptd offers an online application tool for potential college, university and other educational institution and program students, as well as application management tools for educational institutions to enable them to more efficiently and effectively screen potential students in accordance with their internal procedures and requirements. The Services include the Site and may also be located on third party websites or applications either by way of a link from an add-on service to, or otherwise in connection with, websites that such third parties control. Acceptd is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information or anything else provided by third parties. If you should have a dispute with a third party, Acceptd is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
Payment for any of the Services (“Payment”) shall be due and payable immediately upon time of purchase. Failure to render Payment immediately upon purchase shall prohibit your submission of any application or communications until such time as Payment is received. All Payments are non-refundable.
Once Payment is rendered, you shall receive an email confirming Payment within 48 hours. Should you not receive a confirmation email within 48 hours of Payment, it is solely your responsibility to contact Acceptd at email@example.com to notify Acceptd of non-receipt within one week of rendering Payment. Failure to so notify Acceptd of non-receipt of a confirmation email shall be construed as an acknowledgement by you that the confirmation email was received when Payment was rendered and debited. If timely notification is received by Acceptd, Acceptd will ensure that your application or communication for which Payment was rendered is delivered to the educational institution to which you apply and will provide you proof thereof.
Acceptd does not own any of the text, files, documents, photos, videos, songs, recordings, applications or other works of authorship that you submit or post to the Site (“Content”) unless we specifically tell you otherwise before you submit it. You license the Content to Acceptd as set forth below for the purposes of displaying and distributing that Content on or in connection with the Services and for the promotion and marketing of Acceptd. By submitting Content in connection with using the Services, you automatically grant, or warrant that the owner of that Content has expressly granted, to Acceptd the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Acceptd generally does not pre-screen Content, but Acceptd and its designees and service providers have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is on the Site. Without limiting the foregoing, Acceptd and its designees and service providers have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable.
You (and not Acceptd) shall be entirely responsible for all Content that you upload, post, email or otherwise transmit using the Site or the Services. You may not use the Site or Services to:
- Upload, post, email or otherwise transmit any Content that, under the circumstances in Acceptd’s good faith judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, abusive, harassing, “stalking,” tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an education or institution official or another use of the Site, or falsely state or otherwise misrepresent your affiliation with a person, educational institution or other entity;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships, or that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any person or entity;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any person, or spam several email lists with the same message;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt use or enjoyment of the Site or any Services or servers or networks connected to the Site or the Internet, or disobey any requirements, procedures, policies or regulations of those networks;
- Circumvent or modify (or helping any other person to circumvent or modify) any security or use restrictions of the Site or Services; or
- Otherwise use the Site or Services in a manner inconsistent with or contrary to any and all applicable laws, rules and regulations.
Violating any of the above restrictions regarding Content may result in your Content being deleted, your suspension or termination from using the Services, and your indemnifying Acceptd for any damages as set forth in the Indemnity section below.
TERMINATION; DISCONTINUANCE; MODIFICATION
You acknowledge and agree that Acceptd has the right at any time and in such frequency as it determines to modify, discontinue, or terminate the Services, in whole or part, with or without notice to you. You further acknowledge and agree that Acceptd shall not be liable to you or any third party for any such modification, discontinuance, or termination of the Services for any reason.
Under some circumstances, Acceptd reserves the right to terminate your access to the Services, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) your breach of the Terms and Conditions or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by Acceptd, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by you (self-selected termination); (iv) termination, discontinuance, or material modification of the Services or a portion thereof by Acceptd; (v) technical or security problems or issues; (vi) failure by you to timely pay any fees, charges, or other monies due Acceptd or its service providers; (vii) violation of any agreement entered into in connection with your use of the Services; and (viii) if you are a child of 13 years or younger. Any termination by Acceptd of your account and/or access to the Services may include, without limitation (i) removal of access to any and all offerings comprising the Services, (ii) deletion of your secure password, log in information and related accounts, including all historical transaction data and summaries, if any, and (iii) a prohibition against your ability to use the Services at any time in the future. You acknowledge and agree that any termination for cause is in Acceptd's sole and exclusive discretion and that any termination of your access to the Services and/or your account shall not cause Acceptd to be liable to you or any third party for any reason.
COPYRIGHT; LICENSE; INFORMATION
All materials on the Site, including but not limited to the design, text, search results, graphics, pictures, sound files and other files, any software used to operate the Site, and the selection, arrangement and compilation of information (collectively, the “Materials”) are copyrighted by and/or proprietary to Acceptd and/or its licensors, ALL RIGHTS RESERVED. By accessing or using the Site, you are hereby granted a limited, non-assignable, non-sublicensable, and nonexclusive license to access and use this Site and Services therein and to print the Materials for your personal, informational and non-commercial use only. You may not reproduce or republish the Materials in any way without our express written permission. We expressly reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Materials and/or to prevent or block you from future access or use of the Materials related thereto.
This license is contingent on you not doing any of the following:
- Publish, publicly perform or display or distribute to any third party, any Materials, including reproduction on any computer network, broadcast or publications media;
- Market, sell, or make commercial use of the Site, Services or Materials;
- Systematically collect or use any data spiders, robots or other similar data gathering mining or extraction methods;
- Reverse engineer any portion of the source code or the source code of the websites of third parties;
- Make derivative uses of the Site, Services or Materials;
- Use, frame or utilize framing techniques to enclose any portion of this Site, Materials or Services;
- Participate in or undertake any actions or practices that are not aligned with the spirit or intent of these Terms and Conditions or do anything that may be deemed to be commercially unreasonable.
Excluding the rights set forth above, you are not conveyed or granted any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of Acceptd or any third party. Unauthorized use of the Site or breach of the license granted hereunder will immediately terminate your rights under the license. Any unauthorized use may be in violation of federal, state or local law, regulations or guidelines. Any such violation is solely your responsibility and you shall indemnify Acceptd for any claim in law or equity that may be brought against us as a result of your unauthorized use.
TRADEMARKS AND SERVICE MARKS
Acceptd and any and all of our logos related thereto are either trademarks or service marks of Acceptd. Any and all logos of third parties that may be on or available through the Site are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of Acceptd or third parties shall not be copied, imitated or used in whole or in part without prior written consent of the trademark owner. You shall not use any Meta tags or any type of ‘hidden text’ utilizing Acceptd’s marks or any third party marks without the prior written consent of the respective party. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Acceptd or a third party and you shall not copy, imitate or use the same in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Site does not constitute or imply any endorsement, sponsorship, recommendation, approval or otherwise by Acceptd.
The Services available through the Site include links to websites of third parties, including but not limited to those of educational institutions utilizing the services provided through the Site. Such third-party websites are NOT under the control of Acceptd. Acceptd provides these links to you only as a convenience, and the inclusion or availability of any third party website through the Site is in no way intended to be or imply an affiliation, endorsement, approval of, adoption or otherwise by Acceptd. Acceptd is not responsible or liable for any content or otherwise of any third party website made available through the Site. It is solely your responsibility to make the necessary investigations you deem appropriate before proceeding with any transaction with any third party. Upon leaving the Site, these Terms and Conditions no longer govern the new website that you may be visiting. It is solely your responsibility to locate and review all applicable terms and conditions and privacy policies therein.
DISCLAIMER OF LIABILITY FOR THIRD PARTY CONTENT AND DECISIONS
Acceptd may republish (but is not the author) of content supplied by third parties or users of the Site. Any and all opinions, advice, statements, services, goods, products, offers or other information expressed or made available by third parties are those solely of the respective author(s) or distributor(s), not Acceptd. Acceptd does not endorse, approve, nor are we responsible for the accuracy, reliability or currency of any opinion, advice, statement or otherwise made by any third party or on any third party website.
Acceptd disclaims all legal responsibility in law and equity for the decisions to accept, waitlist or reject any applicant who applied to any educational institution through the Site or using the Services. Further, Acceptd disclaims all legal responsibility in law and equity for a educational institution’s failure to review or analyze your application materials submitted through the Site or using the Services.
IN NO EVENT SHALL ACCEPTD, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OF CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW IT.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless Acceptd and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys' fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms and Conditions, any Content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another. You agree to be responsible for and pay any royalties or other fees due to any person by reason of any Content you post or submit to the Site or Services.
WARRANTIES AND DISCLAIMERS
THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE MATERIALS AND/OR THE SERVICES AND THE INFORMATION FOUND THEREON IS AT YOUR SOLE RISK. ACCEPTD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. ACCEPTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE ON THE SITE ARE ACCURATE, COMPLETE OR ERROR-FREE. ACCEPTD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INFORMATION, TEXT OR OTHERWISE.
ACCEPTD AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR, AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SITE OR OTHERWISE FROM THE SERVICES.
ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
ACCEPTD AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED.
NO INFORMATION, ADVICE, OR INSTRUCTION, REGARDLESS OF FORM OF COMMUNICATION, PROVIDED TO YOU FROM ACCEPTD, WHETHER THROUGH USE OF THE SERVICES OR FROM ACCEPTD'S OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
CHOICE OF LAW, MANDATORY ARBITRATION, WAIVER, CLAIMS
These Terms and Conditions shall be governed by the laws of the State of Ohio without regard to conflicts of law. Acceptd’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision. If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon you to the maximum extent allowed by law.
Any and all claims or controversies arising out of or related to these Terms and Conditions will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted EXCLUSIVELY in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or Acceptd may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of you or Acceptd.
With respect to any litigation based on, arising out of, or in connection with the use of this Site, the Services or the Materials, the parties hereby expressly submit to the exclusive personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Regardless of any statute, law, regulation or otherwise to the contrary, and claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall result in such claim being forever barred.
RIGHTS CUMULATIVE. The rights and remedies provided herein and in all other agreements, instruments, and documents delivered pursuant to or in connection with these Terms and Conditions, and by applicable law are cumulative and are in addition to and not exclusive of any other rights or remedies provided by law.
SUCCESSORS AND ASSIGNS. You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of Acceptd. Acceptd may assign these Terms and Conditions to any successor or to any purchaser of all or substantially all of Acceptd’s assets.
HEADINGS. The section headings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect the terms of these Terms and Conditions.
RELATIONSHIP OF THE PARTIES. Nothing in these Terms and Conditions is to be construed as creating an agency, partnership, or joint venture relationship between the parties.