Privacy Policy | Terms of Use

ADMISSIONSQUEST.COM TERMS OF USE

AQ's Terms of Use Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by AdmissionsQuest, Inc. ("AdmissionsQuest") as a service to its customers, visitors, users or members ("You" or "Your") and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or using this Site, You agree to these terms (the "Agreement"). If You do not agree to them, do not use the Site or download any further materials from it. If You object to any material found on this Site, please bring Your concerns to the attention of Site Administrator [[email protected]]. The web site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

1. TRADEMARK AND COPYRIGHT INFORMATION: "AdmissionsQuest", "admissionsquest.com", "AQ", "AQ Member Schools", "AQ Online Admission Application", "Directory of AQ Member Schools", "AQ Student Search", "AQ Educational Consulting" and the AdmissionsQuest logo are the property of AdmissionsQuest. All other names and trademarks are the property of their respective holders.

2. SINGLE COPY LICENSE: The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download the information or software ("Materials") found on the AdmissionsQuest Site on a single computer for the purpose of completing the Materials and submitting them to the appropriate educational entity. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

3. TERMINATION OF THIS LICENSE: AdmissionsQuest may terminate this license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy the Materials.

4. OWNERSHIP OF MATERIALS: All Materials on this Site are Copyright © 2008 AdmissionsQuest, Inc. All Rights Reserved, unless indicated otherwise. AdmissionsQuest retains all copyrights in the individual pages, and their components, and collective works available at the Site.

The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Except as expressly provided herein, they may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without AdmissionsQuest's prior written permission. Except as expressly provided herein, AdmissionsQuest does not grant any express or implied right to You under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to You by AdmissionsQuest in writing or incorporated elsewhere in the Materials.

5. DISCLAIMER: THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ADMISSIONSQUEST, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION LOSS OF BUSINESS OPPORTUNITIES, ADMISSION REJECTION OR WAITLIST) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY ADMISSIONSQUEST OR ADMISSIONSQUEST'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ADMISSIONSQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADMISSIONSQUEST ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. AdmissionsQuest and its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. AdmissionsQuest may make changes to these Materials, or to the products described therein, at any time without notice. AdmissionsQuest makes no commitment to update the Materials. Any description of products or services in the Materials is not a representation that any particular products or services are available for sale or distribution in Your location.

If necessary and in accordance with applicable law, AdmissionsQuest will cooperate with local, state and/or Federal authorization to protect this Site, visitors, customers, members, AdmissionsQuest, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site.

6. LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ADMISSIONSQUEST SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ADMISSIONSQUEST AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF [$1,000] OR THE FEES YOU PAID ADMISSIONSQUEST DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND ADMISSIONSQUEST AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ADMISSIONSQUEST AND REFLECTS THE FEES, IF ANY, ADMISSIONSQUEST CHARGES YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ADMISSIONSQUEST WOULD NOT PROVIDE THE SITE TO YOU.

7. INDEMNITY: You agree to defend, indemnify and hold AdmissionsQuest, its parents, subsidiaries, affiliates and their respective directors, officers, employees, stockholders and agents harmless against any losses, fines, expenses, penalties, costs or damages (including AdmissionsQuest's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, (3) Your unauthorized or unlawful possession of any Materials obtained from or through the Site, or (4) the unauthorized or unlawful use of the Site by any other person using Your Login Name and/or Password.

8. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be subject to the AdmissionsQuest Privacy Policy, incorporated herein by this reference ("Communications").

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. AdmissionsQuest hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by AdmissionsQuest in its sole discretion and without further notice.

9. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of AdmissionsQuest and AdmissionsQuest is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. AdmissionsQuest reserves the right to terminate any link or linking program at any time. AdmissionsQuest has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and AdmissionsQuest shall not be responsible for notification of any change in name or location of any information of the Site. AdmissionsQuest reserves the right to request any web site administrator to disable or remove any link that violates any rights of AdmissionsQuest or causes interruption or deterioration of services provided by AdmissionsQuest. Failure to abide by this request shall be dealt with as any other unauthorized use or access to AdmissionsQuest resources.

The content of any linked site or any link containing a non affiliated linked site may contain the views, opinions, statements, offers and other materials of the respective users, suppliers, participants, or authors. AdmissionsQuest does not endorse, is not responsible for and makes no representation or warranties regarding such content or its accuracy, supplier's ability or fitness for any particular purpose and AdmissionsQuest shall not be liable for any harm arising from, resulting from or in connection with the reliance on any such content. In addition, AdmissionsQuest shall not be a party to, or liable in any way for any harm associated with any transaction between you and any other participant in admissionsquest.com.

10. DEALINGS WITH ADVERTISERS:

Correspondence Generally: Your correspondence or business dealings with, or participation in promotions of, advertisers ("Advertisers") found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Advertiser. You agree that AdmissionsQuest shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Site.

Product Information, Condition, Warranty: KNOW WHAT YOU ARE SIGNING AT THE TIME OF PURCHASE as an Advertiser is not prohibited from negotiating all of the terms and conditions of the final sale.

IT IS YOUR RESPONSIBILITY TO READ THE DESCRIPTIONS OF THE ADVERTISERS AND THE DOWNLOADED FORMS INCLUDING BUT NOT LIMITED TO THE APPLICATION, THE ENGLISH TEACHER RECOMMENDATIONS, THE MATH TEACHER RECOMMENDATION, THE FOREIGN LANGUAGE TEACHER RECOMMENDATION, THE SCHOOL REPORT, THE APPLICANT SIGNATURE FORM, TRANSCRIPT RELEASE FORMS, MEDICAL INFORMATION FORMS (COLLECTIVELY, THE "PRODUCTS") PROVIDED BY THE ADVERTISER.

[OPTIONAL - ASK FOR A COPY OF THE WRITTEN WARRANTY BEFORE YOU COMPLETE THE PURCHASE. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE WARRANTY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE.]

[OPTIONAL - Return Policy: ASK FOR A COPY OF THE WRITTEN RETURN POLICY BEFORE YOU COMPLETE THE PURCHASE OF A PRODUCT. IT IS YOUR RESPONSIBILITY TO VERIFY AND UNDERSTAND THE TERMS OF THE RETURN POLICY BEING OFFERED FOR THE PRODUCT YOU ARE CONSIDERING BEFORE YOU COMPLETE THE PURCHASE.]

Product Availability and Prices: AdmissionsQuest does not exercise editorial control over Advertiser or third party content provided, uploaded, published, or distributed by users and other participants in admissionsquest.com. In other words, AdmissionsQuest is merely a distributor, not a publisher, of such content. All transactions are conducted by Advertisers. All Product descriptions and fees provided to You on AdmissionsQuest's Site, or via separate contract following Your submission of a purchase request or inquiry to the Advertiser, are made by the participating Advertiser possessing the described Product and not AdmissionsQuest.

11. CREDIT CARD PAYMENTS: Third parties provide many of the products and services that are available via admissionsquest.com. AdmissionsQuest is not responsible for the content of any of these products or services, nor is AdmissionsQuest responsible for their completeness or accuracy. The purchase of any of these products or services is subject to additional terms and conditions described at the location where you make your purchase. You should familiarize yourself with those terms and conditions before purchasing any of these products or services.

AdmissionsQuest uses the latest encryption technology to keep Your personal and credit card information safe. All Your ordering information including Your name, address, and credit card number is encrypted using a secure server for maximum security. This information can not be read as it travels to the AdmissionsQuest ordering system. Once received it no longer remains on a server accessible from the Internet. No credit card transactions are processed using the world wide web processing centers available today. Transactions are completed using offline, non Internet devices.

In the unlikely event that You are subject to fraudulent charges, first notify your credit card provider in accordance with its reporting rules and procedures. If, for whatever reason, you are held responsible for any fraudulent charges made on the admissionquest.com website, AdmissionsQuest will cover the entire liability for you, up to $50, as long as the unauthorized use of your credit card resulted through no fault of your own from an order made with AdmissionsQuest while using the AdmissionsQuest secure server.

Credit card transactions are handled by a third-party financial institution, which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.

12. APPLICABLE LAWS: This Site is controlled by AdmissionsQuest from its offices within the Commonwealth of Massachusetts. AdmissionsQuest makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.

13. DISPUTE RESOLUTION: Any dispute between AdmissionsQuest and You arising out of this Agreement shall be resolved first by direct communication with one or more of AdmissionsQuest's management team members. Should AdmissionsQuest and You be unable to resolve the dispute by communication, either AdmissionsQuest or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of AdmissionsQuest's headquarters and pursuant to Massachusetts state law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

14. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy [https://admissionsquest.com/~About/ShowArticle.cfm/ArticleID/62/ArticleTypeID/1/Topic/privacy] incorporated herein by this reference, contains the entire agreement between You and AdmissionsQuest relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of AdmissionsQuest employees. AdmissionsQuest reserves the right to make changes to this Agreement at any time without advance notice. AdmissionsQuest agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

15. TERMINATION: Your right to access and use the Site immediately terminates without further notice upon Your breach of this Agreement. AdmissionsQuest may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 5, 6, 7, 9, 10, 14, 15 and 18 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. AdmissionsQuest reserves the right to discontinue or make changes to the Site at any time.

16. ASSIGNMENT: AdmissionsQuest may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without AdmissionsQuest's prior written permission. Any attempt by You to assign Your rights under this Agreement without AdmissionsQuest's permission shall be void.

17. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

18. FORCE MAJEURE: AdmissionsQuest shall not be liable for any failure or unavailability of the Site and/or services or failure by AdmissionsQuest to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond AdmissionsQuest's control.

19. NOTICE: AdmissionsQuest may deliver notice to You under this Agreement by means of electronic mail, a general notice on admissionsquest.comTM , or by written communication delivered by first class U. S. mail to Your address on record in AdmissionsQuest's account information. You may give notice to AdmissionsQuest at any time via electronic mail to [email protected] or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

AdmissionsQuest, Inc. PO Box 78519 Belmont, MA 02478 Tel: 617-623-4212 Fax: 509-692-8076 Attn: Site Administrator

Electronic Mail: [email protected]

20. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

21. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.


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