Effective date: December 1, 2018
- ABC’s service allows you to submit your application for admission to our affiliated educational institutions.
- You can submit your application for admission through the Site, and once completed and paid, we will forward your application for admission to our affiliated educational institutions that you have selected.
- Application fees may only be paid by using PayPal or a Credit Card.
- ABC’s service is available on any compatible web browser.
CREATION OF ABC SERVICE ACCOUNT
You can register and create your personal account (“ABC Account”) on the Site by entering your email and creating a password. The Site will then prompt you for information to complete your application(s).
CONTENTS OF ABC ACCOUNT
Your ABC Account contains your personal information, which may include: your name, address, phone number, email address, fax number, age, date of birth, gender, occupation, marital status, number of children, spouse’s name and occupation, parents’ names, occupations, and contact information, criminal history, academic transcripts and information, medical records and information. All information pertaining to your application submissions and application fees is maintained by ABC for a period of seven (7) years, including without limitation, your name, the date and time each of your applications are submitted, details of your applications, frequency of your applications, application fee amounts, and your mobile phone number.
YOU ARE RESPONSIBLE FOR YOUR ABC ACCOUNT
You are solely responsible for all activities that take place with your email and password (“Credentials”), and you are responsible to ensure that you and only you use your Credentials to access your ABC Account. You are responsible for maintaining the confidentiality of your Credentials and are similarly responsible for all uses of your ABC Account with such Credentials whether or not such uses are authorized by you. You must immediately notify ABC by email at firstname.lastname@example.org if the security of your ABC Account has been compromised in any way. ABC is not required to confirm the identity or the access right of any individual who uses your Credentials to access your ABC Account. Non-personal and commercial accounts are prohibited under the ABC Service.
THIRD PARTY AND USER CONTENT
The Site may contain content or links posted by you, other users, or third parties (“Unaffiliated Content”). ABC is not responsible for monitoring the Unaffiliated Content, but ABC reserves the right to monitor and remove the Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content you submit to the Site will be considered part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including its accuracy, timeliness, and completeness, and for any claims of infringement concerning that Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant ABC an unlimited, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner that ABC determines in its sole discretion. If you do not agree to the foregoing, you should not submit any Unaffiliated Content to the Site.
Neither ABC nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “Affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither ABC nor any of its Affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Site is not to be considered an endorsement by ABC or any of ABC’s Affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Neither ABC nor its Affiliates is responsible for the content provided by any user of the Site and/or the conduct of any user, whether online or offline. Your use of or reliance on any Unaffiliated Content is at your own risk. By accessing the Site, you acknowledge that ABC merely acts as a passive conduit of the information made available by you, other users, or third parties. By accessing or otherwise using the Site, you acknowledge and assume all risks of harm, loss, or damage related to your use of the Site, and you hereby waive all claims and/or causes of action related to your use of the foregoing against ABC and its Affiliates.
USER REQUIREMENTS AND RESPONSIBILITIES
In using the Site you shall not:
- Send, post, transmit, or upload material or content that is threatening, harassing, defamatory, slanderous, or libelous;
- Send, post, transmit, or upload material or content that is obscene or pornographic;
- Send, post, transmit, or upload material or content that infringes on any trademark, copyright, or other intellectual property right;
- Send, post, transmit, or upload, without proper authorization, information that you know or should know to be confidential, sensitive, or in breach of the law, including personally identifiable information;
- Send, post, transmit, or upload viruses or other harmful, disruptive, or destructive files;
- Send, post, transmit, or upload “spam” or “junk mail”;
- Intentionally make false, deceptive, or misleading statements;
- Advertise any product or service;
- Use any Intellectual Property (as defined below) from the Site for a commercial purpose, including making any collection or use of any listings, descriptions, prices, or images of products;
- Navigate or search the Site by using any program, software, tool, or other device with the purpose of mass-collecting data, including by using a data scraper, miner, spider, robot, or script;
- Frame, mirror, or use any other framing programs on the Site;
- Use any meta tags or other hidden text on the Site using ABC’s Intellectual Property;
- Take any action that will interfere with the proper functioning of the Site; or
- Employ automated means to access or use the Site.
You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.
You shall not copy any of the Site’s content or reverse engineer or break into the Site.
SITE INTELLECTUAL PROPERTY
All of the Site’s content (including text, trademarks, service marks, logos, music, sounds, videos, software, scripts, graphics, interactive features, or any downloadable content [collectively, “Intellectual Property“]) is protected by copyright, trademark, patent, trade secret, trade dress, and other laws in both the United States and elsewhere. You may not use, sell, modify, reproduce, display, distribute, create derivative works from, or otherwise exploit any of the Site’s content or any other intellectual property related to the Site without the prior written consent of ABC or the content’s owner. Without limiting the foregoing, you may not use ABC’s name, logo, trademark, or service mark in any manner without ABC’s prior written consent.
By submitting information to ABC electronically, including by email, you are consenting to receiving communications from ABC electronically, including by email. Should you elect to opt out of the receipt of electronic messages, simply send an email to email@example.com.
Any payment of application submission fees shall be in accordance with the amounts set forth at the time of submission of your completed application form. All fees displayed on the Site are quoted in U.S. Dollars. You agree to pay all submission fees listed at the time of submitting your complete application to ABC.
ABC may use the services of third parties to perform certain vital functions, including handling payments for the application submission fees discussed herein and hosting the Site. These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider. Payments through PayPal are subject to PayPal’s terms and conditions.
We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
YOUR USE OF THE SITE OR ANY OF ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES (INCLUDING ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. ABC AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
The above disclaimers are made to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
IN NO EVENT WILL ABC, OR ANY OF ABC’S AFFILIATES, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE SITE’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABC OR ANY OF ABC’S AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN ANY EVENT THE TOTAL CUMULATIVE AMOUNT WHICH YOU CAN RECOVER SHALL NOT EXCEED THE AMOUNT YOU PAID TO ABC IN APPLICATION SUBMISSION FEES. ABC IS NOT LIABLE FOR ANY INCORRECT INFORMATION SUBMITTED BY YOU AND HAS NO CONTROL OVER, OR LIABILITY FOR, THE INDEPENDENT DECISIONS OF OUR AFFILIATED ACADEMIC INSTITUTIONS IN DECIDING TO ACCEPT OR DENY YOUR APPLICATION FOR ADMISSION.
ABC provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. ABC will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access the Site. Certain services offered through the Site may not be available in your area, and ABC will not be responsible for any such unavailability.
If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you are charged for services, products, content, or information, pricing will be posted as part of the ordering process. If you have a question or complaint regarding the Site, please send an email by using the contact information below. Alternatively, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
NOTICES & CONTACT
All notices and contact concerning this Agreement and the Site should be sent to ABC at firstname.lastname@example.org.